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S H I R E o f W Y N D H A M | E A S T K I M B E R L E Y Standing for Council

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Page 1: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

S H I R E o f W Y N D H A M | E A S T K I M B E R L E Y

Standing for Council

Page 2: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

S H I R E o f W Y N D H A M | E A S T K I M B E R L E Y

Local Government Elections Candidate Information Session

• Welcome • Commissioner Ron Yuryevich AM RFD

• Introductions • Jenni Law – Director Local Government Regulation and Support  ‐ Department of 

Local Government, Sport and Cultural Industries• Kevin Poynton – East Kimberley Returning Officer – Western Australian Electoral 

Commission• Carl Askew – Chief Executive Officer ‐ SWEK

Page 3: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

S H I R E o f W Y N D H A M | E A S T K I M B E R L E Y

Local Government Elections Candidate Information Session

Carl Askew – Chief Executive Officer ‐ 9168 4100 ‐ [email protected] 

• Purpose of Information Session• Housekeeping• Presentations – DLG and WAEC• Questions

Page 4: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

S H I R E o f W Y N D H A M | E A S T K I M B E R L E Y

About the Shire• Distance from Perth – 3,215km• Area – 121,189 sq. km• Sealed Roads – 246 km• Unsealed Roads – 1,085 km• Population – 8,610• Number of Electors – 3,838• Number of Dwellings – 4,926• Rates Levied ‐ $10.3m• Total Revenue ‐ $32.9m• Number of Employees ‐ 100

• 9 Councillors with President elected by Council• Council meets 4th Tuesday @ 5pm• 4 meetings per year in Wyndham• Briefing Sessions 2 weeks prior to OCM• Agenda are prepared on Friday before each meeting• Finance (Audit and Risk) Committee – 4 times per year• # Directorate Structure• Presentations, workshops etc. as required• Range of external Committees, Forums and Meetings• Elected member Remuneration

Page 5: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

S H I R E o f W Y N D H A M | E A S T K I M B E R L E Y

The Local Government Act 1995• S 2.5 – Local Government Created as a Body Corporate • S 2.6 – Local Government Run by an Elected Council• S 2.7 – Role of Council• S 2.8/S 2.9 – Role of Mayor or President and Deputy• S 2.10 – Role of Councillors• Part 3 – General Functions of Local Government• Part 4 – Elections and Other Polls• Part 5 – Administration

• Div 1/2/3 – Council Meetings and Committees• Div 4 – L G Employees• Div 5 – Annual Reports and Planning• Div 6 – Disclosure of Interests• Div 7 – Access to Information• Div 8 – L G Payments and Gifts• Div 9 – Conduct

• Part 6 – Financial Management• Part 7 ‐ Audit

Page 6: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

S H I R E o f W Y N D H A M | E A S T K I M B E R L E Y

Presentations• Jenni Law

• Director Local Government Regulation and Support• Department of Local Government, Sport and 

Cultural Industries• Kevin Poynton

• Returning Officer• Western Australian Electoral Commission

Page 7: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

Standing for council Local Government Elections - October 2017

Page 8: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

• “Grass roots” level of government• Closest to the community

Image: City of Stirling, Aboriginal Engagement ProjectNational Awards for Local Government Promoting Indigenous Recognition Category Winner 2016

What is local government?

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Page 9: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

Why stand for council?• Contribute to the development and well-being of your

community.• Opportunity to empower a sense of purpose and

commitment across your community.• More info: Local Government Election Fact Sheet 1

Image: City of Bunbury Community Consultation 20159

Page 10: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

Key responsibilities include:• Represent the interests of all electors, ratepayers and

residents• Participate in council’s decision making process• Contribute to council’s strategic direction and planning

with community input• Perform other functions as directed under Local

Government Act 1995. • More information: Local Government Election Fact

Sheet 2

Role and responsibilities

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Page 11: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

• Openness and transparency in decision making • Tolerance and respect in all relationships• Awareness of potential conflict of interests (consider

diverse interests and needs across the community and make decisions in best interests of the district)

• Fairness in promoting community issues (observe principles of good governance and act with integrity)

• More information: Local Government Election Fact Sheet 2

Values and characteristics

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Page 12: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

General skills include an ability to: • communicate, debate and actively participate in

meetings; enhance discussion and assist discussions to reach closure; disagree, without being disagreeable

• develop and maintain effective working relationships; manage interpersonal conflicts

• exercise independent judgements

• More information: Local Government Election Fact Sheet 2

Essential skills of a councillor

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• Attend all meetings• Listen to, and consider different points of view• Prepared to participate in the decision making process

at meetings• Share the workload• Networking and community consultation• Participate in ‘on the job’ training and personal

development opportunities• More information: Local Government Election Fact

Sheet 2

Commitment to the role

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Page 14: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

• Determining Policy• Planning for the future• Managing assets• Governing finances• Reviewing policy• More information: Local Government Election

Fact Sheet 2

Decisions you might make as a councillor

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Local government decision making process

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More information: Local Government Election Fact Sheet 1

Page 16: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

21 October 2017Shire of Wyndham-East Kimberley Ordinary Election

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Western Australian Electoral Commission 17

Postal Elections

• Key dates

• Nominating for election

• Postal voting

• General information

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Western Australian Electoral Commission 18

Key Dates

• Close of roll – 5.00pm Friday 1 September 2017

• Nominations open – Thursday 7 September 2017

• Nominations close – 4.00pm Thursday 14 September 2017• Mail-out – from Friday 22 September 2017 (lodged with

Australia Post for delivery)

• Replacement packages available fromMonday 2 October 2017

• No early or absent voting

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Western Australian Electoral Commission 19

Key DatesStatutory Advertisements

State-wide public notice is given of all election notices

• The West Australian

• Public Noticeboards

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Western Australian Electoral Commission 20

• Close of enrolments – Wednesday 16 August 2017

• Call for nominations – Wednesday 30 August 2017

• Election notice – Wednesday 20 September 2017

Key DatesElection Notices

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Western Australian Electoral Commission 21

Key Dates –Thursday 7 September 2017

• Nominations open

• First day for candidates to lodge nomination papers with the Returning Officer

• Nominations are open for 8 days

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Western Australian Electoral Commission 22

Key Dates –Wednesday 13 September 2017

• Last day for a candidate to withdraw without forfeit of their deposit of $80 (must be before 4.00pm)

• Candidates may then withdraw up to the close of nominations but they lose their deposit

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Western Australian Electoral Commission 23

Key Dates –Thursday - 14 September 2017

• Close of nominations – 4.00pm sharp

• Returning Officer will be present at the local government from 2.00pm

• Draw for position on the ballot paper

• Briefing session for candidates present

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Western Australian Electoral Commission 24

Key DatesElection day – Saturday 21 October 2017

• Local government offices in Wyndham and Kununurra are open from 8.00am

• Hand-delivery of election packages

• No in-person voting

• Replacement and Provisional voting papers available

• Close of poll at 6.00pm sharp

Page 25: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

Western Australian Electoral Commission 25

Key DatesClose of Poll – 21 October 2017 – 6.00pm

• Ballot box seals broken

• Appointed scrutineers may observe the count

• First-past-the-post counting method

• Returning Officer declares the results following the count

Page 26: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

Western Australian Electoral Commission 26

Nominating for Election Qualifications for election to council

• Section 2.19 of the Local Government Act 1995– 18 or over (section 2.19(1))

– An elector of the district (section 2.19 (1))

– Cannot be a nominee of body corporate (section 2.19 (2a))

– Cannot be a candidate because of Schedule 9.3 clause 12.2 (section 2.19 (2b))

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Western Australian Electoral Commission 27

Nominating for Election Eligibility to stand for election

• Section 4.48 of Local Government Act 1995– Is not a candidate in another election to fill an office of

councillor on the council

– Is not the holder of an office of the council other than one which ends on election day

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Western Australian Electoral Commission 28

Nominating for Election Disqualifications for membership

• Section 2.20 – 2.24 of Local Government Act 1995– A member of parliament (Section 2.20)

– An insolvent under administration (section 2.21)

– Convicted of a crime and in prison (section 2.22)

– Convicted in the previous five years of a serious local government offence (section 2.22)

– Have been convicted on indictment of an offence for which the indictable penalty was or included imprisonment for more than 5 years (section 2.22)

– An elected member of another local government (section 2.23)

– Misapplication of funds or property (section 2.24)

Page 29: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

Western Australian Electoral Commission 29

Nominating for ElectionCandidate Information USB

• A Guide for Candidates – Postal Elections (WAEC)

• A Guide for Scrutineers – Postal Elections (WAEC)

• Ballot paper Formality Guide

• Service Charter

• Nomination form LG 08

• Disclosure of Gifts form LG 09A

• Appointment of Scrutineer form LG 18

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Western Australian Electoral Commission 30

Nominating for ElectionAn effective nomination

• Completed nomination form

• Candidate profile

• Deposit $80

• Received by Returning Officer before close of nominations

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Western Australian Electoral Commission 31

Nominating for Election Profile

• Not more than 150 words

• Biographical information about the candidate

• Statement of candidate’s policies or beliefs

• Not to be false or misleading

• Passport sized photograph, head or head and shoulders (optional)

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Western Australian Electoral Commission 32

Nominating for Election Online WAEC nomination builder

• You can prepare the nomination form, profile and upload photograph online

• You can not nominate online

• Remember to provide your reference number at the RO interview when submitting nomination

• Online nomination builder available from www.elections.wa.gov.au

Page 33: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

Western Australian Electoral Commission 33

Nominating for Election Online WAEC nomination builder

Page 34: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

Nominating for Election Online WAEC nomination builder

Western Australian Electoral Commission 34

Page 35: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

Nominating for Election Online WAEC nomination builder

Western Australian Electoral Commission 35

Page 36: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

Nominating for Election Online WAEC nomination builder

Western Australian Electoral Commission 36

Page 37: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

Nominating for Election Online WAEC nomination builder

Western Australian Electoral Commission 37

Page 38: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

Western Australian Electoral Commission 38

Electoral Rolls

• Available on nomination– File in 2 formats

– PDF in name order

– Manipulable csv file in habitation order

• Free to candidates and members– 1 copy of Residents Roll

– 1 copy of Owners and Occupiers Roll

Page 39: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

Western Australian Electoral Commission 39

Postal VotingMail-out of packages

• Election packages to be lodged with Australia Post from Friday 22 September 2017

• Last weekend for effective campaigning 30 September 2017

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Western Australian Electoral Commission 40

Postal VotingReturn of Voting Packages

• Packages can be posted to the Returning Officer or hand-delivered to the local government office

• Typically 50% of packages were returned within the first 5 business days

• Completed packages are returned to the Returning Officer C/- Western Australian Electoral Commission

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Western Australian Electoral Commission 41

Postal votingCandidate Rules

• Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)]

• Candidate (or representative) cannot take custody of an envelope in which there is a postal vote [section 4.92 (c)]

Penalty $5,000 or imprisonment for one year

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Western Australian Electoral Commission 42

Postal VotingIssue of Replacement and

Provisional Voting Packages

• Local Government staff will issue replacement and provisional voting papers from 2 October to 21 October 2017

• Full or partial package can be replaced

• Provisional – voting papers may be issued to a person who claims to have been omitted from the electoral roll in error

Page 43: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

Western Australian Electoral Commission 43

Postal VotingChecking of voting papers (1)

• Packages delivered daily

• Checking of packages commences on Monday 2 October 2017

• Central checking – WAEC

• Local checking – 21 October 2017 only

• Scrutineers can attend

Page 44: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

Western Australian Electoral Commission 44

Postal VotingChecking of voting papers (2)

• Ballot paper envelopes with the electors’ certificates attached are removed from the reply paid envelopes

• Electors’ certificates checked• Barcodes scanned to mark off roll• Electors’ certificates removed from the ballot paper

envelopes. • Ballot paper envelopes opened and ballot papers

placed in sealed ballot box (without inspection) • Ballot boxes opened at 6pm on election day

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Western Australian Electoral Commission 45

Postal Voting Election Day – Close of Poll

6.00pm• The Returning Officer declares the results

• Results are posted onto the Commission’s electionwebsite www.elections.wa.gov.au

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Western Australian Electoral Commission 46

Post-Election Procedures (1) Publication of Results and Reports

• Posted onto Commission’s website when declared

• Election result in The West Australian newspaper

• Report to the Minister submitted prior to 3 November 2017

• Report on election to local government

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Western Australian Electoral Commission 47

Post-Election Procedures (2)Refund of deposits

Deposits are refunded to:

• Candidate elected

• Non-elected candidates who receive at least 5% of the total number votes included in the count

Page 48: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

Western Australian Electoral Commission 48

General InformationElectoral Material

• Electoral material – material intended or calculated to affect the result of an election

• Such material is to be authorised

• Handbills, pamphlets, notices, letters, and other articles –must have NAME and ADDRESS of person authorising and NAME and ADDRESS of printer

• The address must NOT be a post office box

• Newspaper advertising requires the NAME and ADDRESS of the person authorising the advertisement

Page 49: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

Western Australian Electoral Commission 49

General InformationElectoral Offences

• Division 11 Part 4 of the Local Government Act Bribery and undue influence (s. 4.85)

Printing and publishing of electoral material (s. 4.87)

Print, publish or distribute misleading or deceptive material (s. 4.88)

Canvassing in or near polling places (s. 4.89)

Offences relating to postal votes (s. 4.92)

Interference with electors: infringement of secrecy (s 4.93)

Potentially defamatory comments – issues

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Western Australian Electoral Commission 50

General InformationScrutineers (1)

• Appointment Form

– Must be appointed by a candidate

• Rights

– To enter and be in a polling place at anytime before close of poll

– To observe conduct of election

– To observe checking of postal voting papers

– To be present after close of poll and observe all proceedings at the count

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Western Australian Electoral Commission 51

General InformationScrutineers (2)

• Restrictions– Not to be in a polling place if another scrutineer appointed

by the same candidate is also there, except to cast or deliver own vote

– Not to take part in the conduct of election

– Not to record names of persons obtaining ballot papers

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Western Australian Electoral Commission 52

General InformationDisclosure of electoral gifts (1)

• Chief Executive Officer maintains electoral gift register, available for public viewing

• Disclosure to be made to the Chief Executive Officer on the prescribed form, available from local government office and in the Candidate’s Pack

• Candidate and donor must disclose any gift of $200 or over, or two or more gifts made by one person totalling $200 or more received within the 6 month period prior to election day. This can include: money; gifts; discounts; and provision of services

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Western Australian Electoral Commission 53

General InformationDisclosure of electoral gifts (2)

• Period commences six months prior to election day

• Any gift received prior to nominating must be disclosed within three days of nomination. Any further gifts received after nominating must be disclosed within three days of receipt

• Disclosure period concludes:

– Unsuccessful candidates – three days after election day

– Successful candidates – on the start day for financial interest returns

• Familiarise yourself with Part 5A of the Local Government (Elections) Regulations 1997

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Western Australian Electoral Commission 54

General InformationCampaign Expenses

Tax Deductions

• Candidates may be eligible to claim the first $1,000 of their campaign expenses as a tax deduction

• Refer to Australian Tax Office for further information

Page 55: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

What to expect if you are elected• New councillor’s will:

– Make a Declaration of Office– Receive an Induction

• Be briefed by the Mayor/President and/or CEO• Attend the first council meeting after election (this meeting usually

introduces new council members and makes new appointments to various committees)

• Be expected to look beyond the council for sources of information• More information: Local Government Election

Fact Sheet 8

55

Page 56: Standing for Council · Candidate Rules • Candidate (or representative) cannot assist the elector to mark their ballot paper [regulation 67 (4)] • Candidate (or representative)

• Resources on the department’s website (under ‘Advice and Support’ tab)– 2017 Local Government Elections Timetable– Election Fact Sheets– FAQs (use drop-down menu to select ‘Elections’)– Local Government Elections Bulletins

• Other websites– Each local government has information about its own

election – For support provided by WA Local Government

Association (WALGA) visit www.walga.asn.au– WA Electoral Commission support for local government

elections is available at https://www.elections.wa.gov.au/

Online support for candidates

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• When you are elected you are encouraged to proactively seek support.

• Departmental support includes:– Post election support programs

– Publications

– Telephone and email advice

• WALGA support includes a range of resources, particularly training. Visit www.walga.asn.au for details.

• More information: Local Government ElectionFact Sheet 8

Support for successful candidates

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Advisory Hotline: 1300 762 511

Free Call: 1800 620 511 (Country Only)

Tel: +61 8 6551 8700

Fax: +61 8 6552 1555

Email: [email protected]

www.dlgsc.wa.gov.au

Department of Local Government, Sport and Cultural Industries

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Returning Officer – Kevin PoyntonMobile – 0421 380 451Email – [email protected]

21 October 2017Shire of Wyndham-East Kimberley Ordinary Election

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S H I R E o f W Y N D H A M | E A S T K I M B E R L E Y

Standing for Council

Questions