Mayoral Minute MM1

Extraordinary Meeting

Venue: Administrative Headquarters Civic Place Katoomba

Meeting: 7.30pm 2 June, 2015

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EXTRAORDINARY MEETING

2 JUNE 2015

AGENDA

ITEM PAGE SUBJECT COMMENTS NO.

MINUTE BY MAYOR

MM1 4 Redistribution of Federal Electoral Boundaries in

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ITEM NO: MM1

SUBJECT: REDISTRIBUTION OF FEDERAL ELECTORAL BOUNDARIES IN NEW SOUTH WALES

FILE NO: F08771 - 15/99475

Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk

Recommendations:

1. That Council notes the Australian Electoral Commission is currently considering the boundaries of the Federal Electorate of Macquarie;

2. That the Council reaffirms its desire to keep the seat as closely aligned as possible with the Local Government Area, noting the tourism and economic significance of this region, including being a World Heritage area, which demonstrate a custodial responsibility for the Blue Mountains at all levels of government; and

3. That the Council writes to the Australian Electoral Commission (AEC) under the signature of the Mayor asking for Macquarie to contain the whole of the Blue Mountains Local Government Area after any redistribution.

Mayoral Minute

Reason for report That Council notes the Australian Electoral Commission is currently considering the boundaries of the Federal Electorate of Macquarie. Consequently, Council resolves to write to the Australian Electoral Commission (AEC) before the cut-off this coming Friday under the signature of the Mayor asking for Macquarie to contain the whole of the Blue Mountains Local Government Area after any redistribution.

Background A redistribution of federal electoral boundaries in New South Wales is required following a determination on 13 November 2014 of the number of members of the House of Representatives to which each state and territory will be entitled at the next federal general election. New South Wales’ entitlement decreased from 48 to 47 members of the House of Representatives. On 1 December 2014, in accordance with section 59 of the Electoral Act, the Electoral Commission directed that a redistribution commence. In accordance with section 64 of the Commonwealth Electoral Act 1918 (the Electoral Act), the Electoral Commissioner invited interested persons or organisations to make written suggestions about the redistribution of federal electoral boundaries for the House of Representatives in New South Wales. Public suggestions closed 22 May 2015 and these suggestions are available for public inspection from Monday 25 May 2015 interested people and organisations are again invited to comment on the suggestions received but must be lodged in writing with the Redistribution Committee by 6pm AEST Friday 5 June 2015.

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Written Suggestions Received by the AEC Members of the public were invited to submit written suggestions relating to the redistribution between 22 April and 22 May 2015. 23 suggestions received by the Redistribution Committee. The following table lists the suggestions received and whether the suggestion impacts the Division of Macquarie.

No. Submitted by Macquarie Comment Division affected 1 Ken Maher No 2 Michael Hedger No 3 Malcolm Mackerras AO No 4 Mathew Burke No Suggests minimal changes - 5 Martin Gordon Yes excess quota from Division of Chifley 6 Richard Wyndham No

7 Jeff Waddell Yes Suggests minimal changes - Transfer from Lindsay 8 Tumut Shire Council No 9 Nick Casmirri No 10 Mark Coulton MP No 11 Nicholas Weston No Suggests minimal changes - 12 Mark Mulcair Yes Transfers from Chifley and Lindsay The Riverina and Murray 13 Regional Organisation of No Councils 14 Wayne Willmington No 15 Damien Ferri No

16 Darren McSweeney Yes Suggests no changes required within tolerance Suggests major changes - should include all of the Hawkesbury LGA, the northern 17 Paul Blackman Yes part of Mitchell north of Kellyville and the northern part of the Blacktown LGA from Greenway and Chifley. Millers Forest Progress Assoc 18 No Inc Petition 19 The Greens NSW Yes Suggests no changes Suggests 27,964 electors move Liberal Party of New 20 Yes from Macquarie to Division of South Wales Division Calare (NSW 21 Yes Suggests minimal changes - Branch) Transfer from Lindsay 22 The Nationals Yes Suggests no changes

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Suggests Macquarie loses much of its territory in the Blue Mountains and becomes a more 23 Harry Hook Yes fringe-rural seat. It now stretches further east, taking in inland parts of Robertson and the abolished division of Dobell.

The statutory mandate of the augmented Electoral Commission As copied from the AEC's Final Report into the Redistribution of Victoria 2010;

...(The) task must be performed in accordance with the requirements of sections 73(4) and 73(4A)of the Electoral Act, which provide:

73(4) ‘In making the determination, the augmented Electoral Commission:

(a) shall, as far as practicable, endeavour to ensure that the number of electors enrolled in each Electoral Division in the State or Territory will not, at the projection time determined under section 63A,be less than 96.5% or more than 103.5% of the average divisional enrolment of that State or Territory at that time; and (b) subject to paragraph (a), shall give due consideration, in relation to each Electoral Division, to: (i) community of interests within the Electoral Division, including economic, social and regional interests; (ii) means of communication and travel within the Electoral Division; (iv) the physical features and area of the Electoral Division; and (v) the boundaries of existing Divisions in the State or Territory; and subject thereto the quota of electors for the State or Territory shall be the basis for the redistribution, and the augmented Electoral Commission may adopt a margin of allowance, to be used whenever necessary, but in no case shall the quota be departed from to a greater extent than one-tenth more or one-tenth less.’

73(4A) ‘When applying subsection (4), the augmented Electoral Commission must treat the matter in subparagraph (4)(b)(v) as subordinate to the matters in subparagraphs (4)(b)(i), (ii) and (iv).’

These statutory requirements are expressed in an hierarchical order which puts, ‘as far as practicable’, the need to ‘endeavour to ensure’ a division will fall within the projected enrolment range first; the considerations of ‘community of interests within [a division] including economic, social and regional interests’, ‘means of communication and travel within [a division]’, and ‘the physical features and area of [a division]’ second; and ‘the boundaries of existing divisions’ third – while stating that, subject to these matters, ‘the quota of elector for the State … shall be the basis for the redistribution’ and that ‘the augmented Electoral Commission may adopt a margin of allowance’ not departing from the quota further than by one-tenth more or less.

In considering the Statutory Mandate above it is apparent that the AEC tries to use LGA boundaries as Divisional boundaries where it is possible to do so - more so in Regional NSW where LGA boundaries are a more practical form of boundary than they are within urban . This section of the Electoral Act supports the proposed request to AEC that the Macquarie Division contain the whole of the Blue Mountains Local Government Area after any redistribution.

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Conclusion That Council notes the Australian Electoral Commission is currently considering the boundaries of the Federal Electorate of Macquarie.

That Council reaffirms Council's desire to keep the seat as closely aligned as possible with the Local Government Area.

Consequently, the Council resolves to write to the Australian Electoral Commission (AEC) before the cut-off this coming Friday under the signature of the Mayor asking for Macquarie to contain the whole of the Blue Mountains Local Government Area after any redistribution. Council notes the alignments of the Federal Electorate and City and their consequence with the drivers of tourism and economic identity. This includes, importantly, the World Heritage area. Such factors demonstrate a custodial responsibility for the Blue Mountains at all levels of government. Council emphasises the national importance of the Blue Mountains region economically and asserts the need for a strong focus on advocacy.

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