The Act on Wards
The following are the primary Sections of the Local Government Act that apply to the establishment and operation of wards within a Local Government Area.
On the establishment and maintenance of wards
| Chapter 9 | How are councils established? |
| Introduction. This Chapter contains provisions dealing separately with the constitution of land as a local government area and the constitution of a council to manage that area. It enables the making of changes to those areas and to councils. It provides for the dissolution of councils and the appointment of administrators. |
| Each council is a statutory corporation. The councillors are the governing body of the corporation and they have the responsibility of directing and controlling the affairs of the council in accordance with this Act. |
| ... |
| 210 | Division of areas into wards |
| (1) | The council may divide its area into divisions, called "wards". |
| (2) | The council may abolish all wards. |
| (3) | The council may alter ward boundaries. |
| (4) | The council may name or rename a ward. |
| (5) | A council must not divide an area into wards or abolish all wards unless it has obtained approval to do so at a constitutional referendum. |
| (6) | A by-election held after an alteration of ward boundaries and before the next ordinary election is to be held as if the boundaries had not been altered. |
| (7) | The division of a council's area into wards, or a change to the boundaries of a ward, must not result in a variation of more than 10 per cent between the number of electors in each ward in the area. |
| 210A | Consultation, public notice and exhibition of proposals regarding ward boundaries |
| (1) | Before dividing a council's area into wards or altering a council's ward boundaries, the council must: |
| (a) | consult the Electoral Commissioner and the Australian Statistician to ensure that, as far as practicable, the proposed boundaries of its wards correspond to the boundaries of appropriate subdivisions (within the meaning of the Parliamentary Electorates and Elections Act 1912) and census districts, and to ensure that the proposed boundaries comply with section 210 (7), and |
| (b) | prepare and publicly exhibit a plan detailing the proposed division or alteration (the ward boundary plan). |
| (2) | The council must give public notice of the following: |
| (a) | the place at which the ward boundary plan may be inspected, |
| (b) | the period for which the plan will be exhibited (being a period of not less than 28 days), |
| (c) | the period during which submissions regarding the ward boundary plan may be made to the council (being a period of not less than 42 days after the date on which the ward boundary plan is placed on public exhibition). |
| (3) | The council must, in accordance with its notice, publicly exhibit the ward boundary plan together with any other matter that it considers appropriate or necessary to better enable the plan and its implications to be understood. |
| (4) | Any person may make a submission to the council regarding the ward boundary plan within the period referred to in subsection (2) (c). |
| (5) | The council must consider submissions made in accordance with this section. |
| (1) | The council of an area divided into wards must keep the ward boundaries under review. |
| (2) | If: |
| (a) | during a council's term of office, the council becomes aware that the number of electors in one ward in its area differs by more than 10 per cent from the number of electors in any other ward in its area, and |
| (b) | that difference remains at the end of the first year of the following term of office of the council, |
| the council must, as soon as practicable, alter the ward boundaries in a manner that will result in each ward containing a number of electors that does not differ by more than 10 per cent from the number of electors in each other ward in the area. |
| (3) | Nothing in subsection (2) prevents a council that has become aware of the discrepancy referred to in subsection (2) (a) from altering its ward boundaries before the end of the first year of the following term of office of the council. |
| 224A | Approval to reduce number of councillors |
| ... |
| (9) | A council for an area that is divided into wards may not make an application under this section for a decrease in the number of councillors that would result in the number of councillors for each ward being fewer than 3. |
On the method of election of councillors
| Chapter 10 | How are people elected to civic office? |
| Introduction. This Chapter deals with the election of persons to civic office. Those qualified for civic office are elected for 4-year terms under a system which is preferential (wherever 1 or 2 positions must be filled) and proportional (wherever 3 or more positions must be filled). Voting is compulsory for residents but optional for non-resident ratepayers, occupiers and ratepaying lessees. Elections are conducted under the supervision of the Electoral Commissioner. |
| When an area is not divided into wards, councillors are elected by the area. When it is divided, councillors may be elected by wards (or, if so decided at a referendum, by wards and area). |
| ... |
Sections 266-269 (not included here) outline details relating to elector entitlements and rights, with reference to wards.
| 278 | Election of councillors for an area not divided into wards |
| The councillors for an area that is not divided into wards are to be elected by an electorate comprising all the electors for the area. |
| 279 | Alternative methods for election of councillors for an area divided into wards |
| (1) | The councillors for an area that is divided into wards are to be elected in accordance with either section 280 or 281. |
| (2) | The method of election under section 280 (method 1) is to apply unless a decision made at a constitutional referendum is in force which: |
| (a) | requires the method of election under section 281 (method 2) to apply, and |
| (b) | specifies the number of councillors each of whom is to be elected by an electorate comprising all the electors for a ward and the number of councillors (if any) each of whom is to be elected by an electorate comprising all the electors for the area. |
| 280 | Ward election of councillors-method 1 |
| (1) | Each councillor for an area that is divided into wards may be elected by an electorate comprising all the electors for a ward. |
| (2) | The same number of councillors is to be elected for each ward. The mayor is to be excluded when determining that number if the mayor is to be elected by all the electors for the area. |
| (3) | The same person is not to be a candidate for election as a councillor by the electors for more than one ward, unless the election is for the mayor as such. |
| 281 | Election of councillors partly by wards, partly by area-method 2 |
| (1) | The councillors for an area that is divided into wards may be elected: |
| (a) | as to some of them-each by an electorate comprising all the electors for a ward, and |
| (b) | as to the others-by an electorate comprising all the electors for the area. |
| (2) | The same number of councillors is to be elected for each ward. The mayor is to be excluded when determining that number if the mayor is to be elected by all the electors for the area. |
| (3) | If a person is a candidate for election as a councillor by the electors for a ward, the person must not at the same time be a candidate for election as a councillor by the electors for another ward or a candidate for election as a councillor by all the electors for the area, unless the election is for the mayor as such. |
| (1) | A person who is not duly nominated is not eligible for election as a councillor, or for election by the electors of an area as mayor. |
| (2) | To be duly nominated for election as a councillor for an area, or for election as mayor of an area by the electors of an area, a person must be enrolled as an elector for the area, and must be qualified to hold that civic office, at the closing date for the election. |
| (3) | A person may not be nominated for election as a councillor for more than one ward. |
