TOWN OF GAWLER

Options Paper

ELECTOR REPRESENTATION REVIEW

January 2013

CLR CL Rowe & Associates Pty Ltd

Pursuant to the provisions of Section 12(4) of the Local Government Act 1999

“A review may relate to a specific aspect of the composition of the council, or of the wards of the council, or may relate to those matters generally – but a council must ensure that all aspects of the composition of the council, and the issue of the division, or potential division, of the area of the council into wards, are comprehensively reviewed under this section at least once in each relevant period that is prescribed by the regulations”.

Disclaimer

The information, opinions and estimates presented herein or otherwise in relation hereto are made by C L Rowe and Associates Pty Ltd in their best judgement, in good faith and as far as possible based on data or sources which are believed to be reliable. With the exception of the party to whom this document is specifically addressed, C L Rowe and Associates Pty Ltd, its directors, employees and agents expressly disclaim any liability and responsibility to any person whether a reader of this document or not in respect of anything and of the consequences of anything done or omitted to be done by any such person in reliance whether wholly or partially upon the whole or any part of the contents of this document. All information contained within this document is confidential.

Copyright

No part of this document may be reproduced or copied in any form or by any means without the prior written consent of the party to whom this document is specifically addressed or C L Rowe and Associates Pty Ltd. Town of Gawler – Options Paper

Contents

1. Introduction 2

2. Review Process 4 2.1 Representation Options Paper 2.2 First Public Consultation 2.3 Representation Review Report 2.4 Second Public Consultation 2.5 Final Decision 2.6 Certification

3. Council Name 6

4. Current Structure 7

5. Composition of Council 8 5.1 Mayor / Chairperson 5.2 Councillors

6. Elector Representation 11 6.1 Elector Numbers 6.2 Elector Ratio 6.3 Comparisons Between Councils 6.4 Number of Councillors

7. Demographic Trends 15 7.1 Elector Numbers 7.2 Residential Development 7.3 Population Projections 7.4 Census Data

8. Ward Structure 19 8.1 No Wards 8.2 Ward Representation 8.2.1 Single Councillors Wards 8.2.2 Two Councillors per Ward 8.2.3 Multi-Councillor Wards 8.2.4 Varying Ward Representation 8.3 Assessment Criteria 8.3.1 General Legislative Provisions 8.3.2 Quota 8.3.3 Communities of Interest 8.4 Ward Identification 8.5 Ward Boundaries

9. Ward Structure Options 26 9.1 Option 1 – No wards (existing) 9.2 Option 2 – 10 Councillors, 5 Wards 9.3 Option 3 – 9 Councillors, 3 Wards 9.4 Option 4 – 8 Councillors, 3 Wards

10. Summary 36

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1. Introduction

Section 12(4) of the Local Government Act 1999 (the Act) requires each council to undertake a review of all aspects of its composition and the division (or potential division) of the council area into wards, as prescribed by the Minister from time to time by a notice published in the Government Gazette.

The Town Of Gawler last completed an “elector representation review” in 2005.

Recent amendments to the Local Government (General) Regulations 1999 have introduced a schedule which specifies when the various Councils in must undertake an elector representation review. This schedule, which was published in the Government Gazette on 31st May 2012, indicates that the Town of Gawler is scheduled to undertake a review during the period October 2012 – October 2013.

This paper has been prepared in accordance with the requirements of Section 12(5) and (6) of the Act; and examines the advantages and disadvantages of the various options that are available to Council in respect to its future composition and structure. It contains information pertaining to the review process; elector distribution and ratios; comparisons with other councils; demographic trends; population projections; residential development opportunities which may impact upon future elector numbers; and ward structure options.

The key issues that need to be addressed during the review include:

• the principal office of Council, more specifically whether it should be a mayor or chairperson;

• the need for area councillors in addition to ward councillors (if a ward structure is determined to be appropriate);

• the division of the council area into wards or the retention of the current “no ward” alternative;

• the number of elected members required to provide fair and adequate representation to the community;

• the level of ward representation (i.e. single and/or multi councillor wards, or combinations thereof); and

• the name of the council area and/or any proposed future wards.

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At the end of the review process, any proposed changes to Council’s composition and/or “no ward” structure must serve to uphold the democratic principle of “one person, one vote, one value”. Bearing this in mind, it is highly likely that any future ward structure of Council (if required) will, in the main, be determined by the requirement for an equitable distribution of elector numbers between wards, rather than be based specifically on any socio-economic, regional or topographic factors.

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2. Review Process

Section 12(4) of the Act specifies that a review may relate to a specific aspect of the composition of a council, or of the wards, or may relate to these matters generally. Council must ensure that all aspects of its composition, and the issue of the division or potential division of the council area into wards, are comprehensively reviewed at least once in each relevant period that is prescribed by the regulations.

2.1 Representation Options Paper

The review is commenced with the preparation of a Representation Options Paper by a person who, in the opinion of Council, is qualified to address the representation and governance issues that may arise during the course of the review.

The Representation Options Paper must examine the advantages and disadvantages of the options available in respect to a range of issues relating to the composition and structure of Council, and in particular whether the division of the council area into wards should be retained or abolished.

2.2 First Public Consultation

The community is advised of the existence of the Representation Options Paper and submissions are invited (minimum public consultation of six weeks).

2.3 Representation Review Report

When Council has considered the options available and the submissions received, it will make an “in principle” decision regarding the proposal it considers should be effected. It will then prepare a Representation Review Report which outlines its proposal and the reasons for such, as well as provide details of the submissions that were received and the responses thereto.

2.4 Second Public Consultation

Council will initiate a second public consultation (by means of public notices) seeking written comments on the Representation Review Report and the preferred proposal (minimum consultation period of 3 weeks).

2.5 Final Decision

Council will ultimately consider the submissions received from the second public consultation; hear from the individual community members who may wish to address Council in support of their submission; finalise its decision; and prepare a report for presentation to the Electoral Commissioner.

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2.6 Certification

The final stage of the review involves certification of the Council proposal by the Electoral Commissioner and gazettal of any amendments to the composition of council and/or the ward structure.

Any changes to Council’s composition and/or ward structure as a consequence of the review will come into effect at the next Local Government election (scheduled for November 2014).

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3. Council Name

The township of Gawler is reputed to have been the first country township established in South Australia; was first settled in 1839; and was named after Lieutenant Colonel George Gawler, the second governor of South Australia. The Municipality of the Town of Gawler was proclaimed in July 1857 with the boundaries being those of the original survey.

The Council name was changed in April 2003 to the Town of Gawler.

Whilst the provisions of Sections 12(1) and (2) of the Act enable Council to consider the alteration of its name as part of the review process, the current name of the Council is a fundamental part of the history of the council area. This being the case, and given that nothing extraordinary has occurred to prompt change, Council is not contemplating a name change at this time. However, Council welcomes the thoughts and suggestions of the local community in respect to this matter.

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4. Current Structure

The Town of Gawler is not divided into wards, thereby requiring Local Government elections to be held on a council-wide or “at large” basis.

Council currently comprises the Mayor and ten (10) area councillors (i.e. a total of eleven elected members). The area councillors are elected to represent the whole of the council area and the current elector ratio (i.e. the average number of electors represented by an area councillor) is 1:1,468.

The current structure came into being in November 1999 and was retained following an elector representation review undertaken in 2005. Prior to 1999 the Town of Gawler comprised the Mayor and twelve ward councillors, with the council area being divided into six wards (two councillors per ward).

Whilst the current structure (“no wards”) and composition of Council can be retained, Section 12 of the Act requires that alternative options be considered with the view to identifying a structure that may:

• where wards are introduced, provide an equitable balance of electors over the eight year period between reviews;

• allow for likely fluctuations in elector numbers, primarily as a consequence of future residential development; and

• exhibit an elector ratio that is similar, by comparison, to that exhibited by Councils of a similar size and type (i.e. avoids over-representation).

Alternative structures (i.e. ward options based on various representation scenarios) have been presented later in this paper (refer 9. Ward Structure Options, page 26).

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5. Composition of Council

Section 51 of the Act indicates that a Council may constitute a mayor or chairperson, with all other elected members being known as councillors, whether they represent the council area as a whole or a ward.

5.1 Mayor/Chairperson

The specific roles of the mayor and chairperson are identical in all respects. The difference between the two positions comes in the manner in which they are elected and/or selected, the terms of office and the voting rights in chamber.

• A mayor is directly elected by the electors as a representative of the council area as a whole and the title of the office is prescribed under Section 51(1)(a) of the Act. The Town of Gawler has a mayor elected by the community.

• The alternative is a chairperson who is chosen by the elected members of council, rather than being elected by the community. The title of this office can be determined by council (pursuant to Section 51(1)(b) of the Act) and can include “mayor”. For example, the District Council of Mallala has a chairperson chosen by the elected members but the office bears the title of mayor (by way of a resolution of the council).

• An elected mayor does not have a deliberative vote on a matter before council, but has, in the event of a tied vote, a casting vote. On the other hand, the chairperson has a deliberative vote on all matters before Council (along with all of the other elected members) but does not have a casting vote.

• The election of the mayor is considered to be in keeping with a fundamental principle of democracy - choice. It affords all eligible members of the community the opportunity to express faith in a particular candidate, should they choose to do so, and the result of the vote provides the elected council with an identifiable principal member for a four year term.

• The office of chairperson provides flexibility and opportunity for a number of elected members to gain experience as the principal member during the four year term of the council; and to bring their particular skill set and opinions to the position, albeit for what could be a limited period of time. The term of a chairperson is decided by council but cannot exceed four years (i.e. the term of the existing council).

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• As an election (or supplementary election) for the office of mayor must be conducted across the whole of the council area, a significant cost can be incurred by council on every occasion the office is contested. On the other hand, the selection of a chairperson is not reliant upon an election and, as such, costs will only be incurred by council where the incumbent’s position of councillor is to be contested (i.e. at either a general or supplementary election, and then only in a specific ward if a ward structure is in place).

• At present, eighteen regional councils have a chosen “chairperson”.

• Candidates for the office of mayor cannot also stand for election as a councillor and, as such, the experience and expertise of unsuccessful candidates will be lost to council.

• There is a perception that the position of chairperson lacks the status of the elected mayor, and this in turn reflects detrimentally on the status of a council.

• Any proposal to have a chairperson rather than an elected mayor, or vice versa, cannot proceed unless or until a poll has been conducted in accordance with the requirements of Section 12 (11a-d) of the Act.

5.2 Councillors

Section 52 of the Act indicates that councillors can be elected as a representative of a ward, or alternatively, to represent the council area as a whole (whether or not the council area is divided into wards). Accordingly, there are three structures which can incorporate councillors, these being:

• where the council area is divided into wards and the councillors are elected by the electors of a ward to represent the ward (i.e. ward councillors only), as is the case with neighbouring councils such as the , and the District Council of Mallala;

• where the council area is not divided into wards and the councillors are elected by the electors of the council area to represent the whole council area (i.e. area councillors only), as is currently the case with the Town of Gawler and The ; and

• where the council area is divided into wards but there are two tiers of representation (i.e. ward councillors representing the ward in which they were elected and area councillors representing the whole council area), as only currently occurs within the City of .

In respect to the latter arrangement, the arguments in favour of the area councillor (in addition to ward councillors) are that:-

• the area councillor is free of parochial ward attitudes and responsibilities;

• the area councillor can share his/her experience and expertise with the ward councillors;

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• the area councillor is free to assist the mayor and ward councillors, if required; and

• the lines of communication between council and the community are improved, as the community have the area councillors and their ward councillors to approach for assistance.

The opposing view is that the area councillor holds no greater status than a ward councillor; has no greater responsibilities than a ward councillor; and need not comply with any extraordinary or additional eligibility requirements.

In addition, it should be noted that:-

• the contested election (and any supplementary election) for area councillors (under a structure with or without wards) must be conducted across the whole of the council area, at a cost to council;

• as ward councillors do not have to reside in the ward which they represent the traditional role and/or basis for the ward councillor has changed to a more overall or council-wide perspective;

• ward councillors generally consider themselves to represent not only their ward, but the council area as a whole (like an area councillor), and it is suggested that their role and actions within the council chamber, and the functions they perform on behalf of council, generally reflect this attitude and circumstance;

• the task and expense of contesting “at large” elections for an area councillor could be prohibitive, and therefore may deter appropriate/quality candidates; and

• there may be cost implications to council (e.g. elected member’s allowances and administration costs) under circumstances where the introduction of area councillors serves to increase the total number of elected members.

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6. Elector Representation

Council must provide adequate and fair representation (as per the requirements of Sections 26(1)(xi) and 33(1)(f) of the Act) and generally adhere to the democratic principle of “one person, one vote, one value”.

There is no established formula or guideline to assist in determining an appropriate level of elector representation for the Town of Gawler. As such, the elected members (as the decision makers) will ultimately need to draw upon their practical experience in dealing with their ward constituents and can also take some guidance from the structures (and elector ratios) of other councils.

The following information should assist in determining the appropriate elector representation for the council area.

6.1 Elector Numbers

For the sake of this exercise, the total number of electors has been determined to be 14,676. This number has been derived from the “Voters Roll” (14th November 2012), as maintained by Council pursuant to the provisions of Section 15 of the Local Government (Elections) Act 1999, and the House of Assembly Roll (31st October 2012), as maintained by Electoral Commission South Australia.

As elector numbers can change as a consequence of on-going (daily) amendments to the voter's rolls, elector data will be re-examined throughout the course of the review so as to ensure the accuracy of the elector numbers within any final ward structure proposal.

6.2 Elector Ratio

The future composition and ward structure of Council (if required) will be determined, in the main, by the decisions to be made in respect to elector ratio and/or the future number of councillors.

Elector ratio is the average number of electors represented by a councillor (the mayor is not included in the calculations).

The elector ratio within the Town of Gawler, as at 31st October 2012, was 1:1,468 (i.e. 14,676 electors divided by 10 Councillors).

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6.3 Comparisons between Councils

Section 33(1)(f) of the Act specifies:

“the need to ensure adequate and fair representation while at the same time avoiding over-representation in comparison to other councils of a similar size and type (at least in the longer term).”

The comparison of councils is not a straightforward exercise, given that no two councils are identical in terms of their size, population, topography, communities of interest and/or predominant land uses. However, it can provide some guidance in regards to an appropriate elector ratio or level of representation (number of councillors).

The following table presents, for comparison purposes only, information pertaining to the composition, size and elector ratio of a number of metropolitan and regional councils which are similar in size (in terms of elector numbers) to the Town of Gawler.

Table 1: Elector data and representation (various Councils)

Council Councillors Electors Ratio

Port Pirie 10 12,194 1:1,219 Victor Harbor 9 11,210 1:1,245 Murray Bridge 9 12,930 1:1,436 Gawler 10 14.676 1:1,468 Barossa 11 16,317 1:1,483 Whyalla 9 14,504 1:1,611 Alexandrina 11 18,642 1:1,694 Prospect 8 13,710 1:1,713 Mt Gambier 10 17,966 1:1,797

Source: Electoral Commission SA (August 2012 roll closure)

Table 1 indicates that:

• whilst the current composition and elector ratio of Council are generally comparable to those of most of the smaller Councils (elector numbers), the current elector ratio is considerably lower than those of the larger Councils; and

• the two Councils that have the most similar elector numbers (i.e. the and the ) both have higher elector ratios as a consequence of fewer elected members.

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It is also noted that the Town of Gawler covers only approximately 41.1km², whereas all of the cited Councils, with the exception of the City of Prospect (7.8km² but only 8 councillors) incorporate much larger areas (i.e. 308km² - 1832km²). As such, it would be difficult to argue that a greater number of elected members may be required to provide fair and adequate elector representation.

Comparison with councils in the local region (refer Table 2) also provides little assistance, given that none of the Councils (apart from The Barossa Council which also appears in Table 1) are similar to the Town of Gawler in terms of size (elector numbers), area, character, population, topography and/or communities of interest.

Table 2: Elector data and representation (neighbouring Councils)

Council Councillors Electors Ratio

Mallala 11 5,605 1: 510 Light 10 9,696 1: 970 Gawler 10 14,676 1:1,468 Barossa 11 16,317 1:1,483 Playford 15 48,876 1:3,258

Source: Electoral Commission SA (August 2012 roll closure)

6.4 Number of Councillors

The provisions of Sections 26 and 33 of the Act speak of avoiding over- representation in comparison to other councils.

The aforementioned provisions are a clear indication of the intent of the Act and, as such, consideration should be given to a reduction in the number of elected members as an alternative to the current arrangement. A reduction in the number of councillors will increase the elector ratio in the following manner.

Nine councillors: 1:1,631 Eight councillors: 1:1,835 Seven Councillors: 1:2,097

The aforementioned are similar to the elector ratios exhibited by a number of metropolitan Councils (e.g. the City of Norwood Payneham & St Peters – 1:1,851, the – 1:2,151 and the – 1: 2189).

It should also be noted that, prior to the amendments made to the Local Government (Elections) Act 1999 in December 2009, the Town of Gawler exhibited a higher elector ratio (i.e. 1:1,635 as at August 2009 roll closure).

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The composition of Council will have to be reduced to nine councillors (1:1,631) at this time to achieve a similar elector ratio, although it is likely that the existing workloads of the elected members have not decreased or fluctuated significantly since 2009 despite a reduction in elector numbers as a consequence of the peculiarities of the enrolment entitlements relating to Council’s Voters Roll.

Any proposal to reduce the number of councillors (and increase the elector ratio) will need to ensure that there are sufficient elected members to manage the affairs of Council; not create excessive workloads for the elected members; provide an appropriate level of elector representation; and present adequate lines of communication between the community and Council.

Obviously a reduction in the number of elected members will also result in some cost saving to Council in terms of councillor’s annual allowances (i.e. $15,098 per annum per councillor as at November 2012) and any associated operating and/or administrative costs and/or additional allowances.

Whilst the population/elector numbers in the council area are likely to continue to increase significantly in the foreseeable future (refer 7 Demographic Trends), any proposal at this time to increase the number of elected members may be difficult to justify, given the intent of Sections 26 and 33 of the Act and the difficulty and uncertainty of identifying the extent and timing of future population growth with any accuracy. Accordingly, it may be prudent to observe the scale of population growth over coming years, and the impacts this may have upon the operation and management of the council and the workloads of the future elected members, prior to considering the need for any additional elected members.

Another issue that may impact upon the number of councillors is whether Council should comprise an even or odd number of councillors.

Whilst there is no inherent disadvantage with either option, an odd number of councillors would, under most circumstances, alleviate the need for the mayor to cast a deciding vote. On the down side, an odd number of councillors may require the development/implementation of a ward structure (if required) that exhibits a varying level of representation between wards (i.e. a perceived imbalance between wards).

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7. Demographic Trends

When developing an appropriate future ward structure for the Town of Gawler, consideration will need to be given to demographic trends, as allowances will have to be made to accommodate any identified or likely fluctuations in elector numbers.

The following information should be of assistance in respect to this matter.

7.1 Elector Numbers

Amendments made in December 2009 to Sections 14 and 15 the Local Government (Elections) Act 1999 resulted in a change in the compilation of Council’s Supplementary Voter’s Roll. Individual non-property owners or those who are not registered on the House of Assembly Roll are now required to register to vote where previously an automatic entitlement existed. As a consequence, the electors on Council’s Voters Roll decreased from 2,100 in August 2009 to 28 in August 2012, this equating to a 98.7% decrease.

This is clearly demonstrated in Table 3 below, where the elector data indicates that the total number of eligible voters (i.e. enrolments on the House of Assembly Roll and Council’s Supplementary Voters Roll) decreased significantly between August 2009 and August 2010.

Table 3: Total elector numbers - August 2007 to August 2012

Roll closure Electors Variance % Variance

August 2007 13,208 August 2008 16,209 + 3,001 + 22.7 August 2009 16,350 + 141 + 0.1 August 2010 14,715 - 1,635 - 10.0 August 2011 14,607 - 108 - 0.7 August 2012 14,663 + 56 + 0.4

Source: Electoral Commission SA (September 2012)

Variations in elector numbers may continue to occur as the 2014 Local Government election nears and more eligible people register to vote on Council’s Supplementary Voters Roll.

Notwithstanding the aforementioned, an examination of the House of Assembly Roll data (August 2007 - August 2012) indicates that:

• the total number of electors on the roll increased by 2,575 (+21.35%);

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• the number of electors increased in all but one year (2011); and

• the fluctuations in elector numbers were not consistent, with a decrease of 111 electors (-0.75%) in 2011 and increases of 2,049 (17.0%), 141 (1.0%), 440 (3.1%) and 56 (0.4%) in 2008, 2009, 2010 and 2012 respectively.

As the increase in elector numbers on the House of Assembly roll over the cited 5 year period was significant, the trend will need to be considered when developing future ward structure options.

7.2 Residential Development

The 30 Year Plan for Greater Adelaide (the Plan), released February 2010, anticipates an additional 74,400 people and 30,500 dwellings in the Barossa Region by the year 2038. In respect to the Town of Gawler, the Plan designates most of the land outside of the current built up areas as “Planned urban lands to 2038” and/or “Potential regeneration areas”.

Figure 1: Greater Adelaide Plan – Barossa Directions (extract)

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Information derived from Council’s Draft Strategic Directions Report 2012 (prior to formal endorsement by Council and public and agency consultation) indicates that the following may also serve to generate future residential development and increase population/elector numbers.

• The “New Southern Urban Areas” Development Plan Amendment (DPA) which rezoned land to support residential growth in Evanston Gardens and Evanston South.

• The Ministerial Gawler East DPA which rezoned approximately 400 hectares of land for residential purposes.

• The Hillier DPA which is proposed to rezone approximately 11 hectares of land for residential purposes.

• There is approximately 350 hectares of “green fill” residential land and 100 hectares of “Deferred Urban” land available within the council area to accommodate future residential development.

• The population of Town of Gawler, as recorded in the 2011 Australian Bureau of Statistics Census (ABS), increased from 17,800 to 21,041 persons, which represents an Annual Average Growth Rate (AAGR) of 1.3 per cent for the period between 2001 and 2011. This increase in population is faster than the South Australian average.

• The population of the Town of Gawler is expected to continue to increase with the South Australian Government predicting it will reach 32,858 persons by 2026, which implies an AAGR of around 3.28 per cent. This is in line with the 30-Year Plan for Greater Adelaide

The information provided suggests that there is the potential for a significant increase in elector numbers throughout the council area in the foreseeable future (especially in the Gawler East and Evanston South/Tambelin areas) as a consequence of new and/or on-going residential development, however, the extent and timing of such is difficult to determine with any certainty.

7.3 Population Projections

Population projections obtained from the Department of Planning, Transport and Infrastructure (as prepared by the then Department of Planning and Local Government in 2011 and based on the 2006 Census population data) indicate that the population of the Town of Gawler is expected to increase by 11,030 (50.5%) during the period 2011 – 2026.

The accuracy and usefulness of the population projections are considered to be questionable, given the duration of time which has lapsed since the collection of the base data, the assumptions which have been made in respect to fertility and migration rates to South Australia, and the changing circumstances of the council area.

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Indeed, the then Department of Planning and Local Government advised that the population projections are not forecasts for the future, but as estimates of future populations based on particular assumptions about future fertility, mortality and migration and, as such, the actual future population outcomes may vary from these projections.

Nevertheless, the projection is significant and must be taken into account when developing possible future ward structure options.

7.4 Census Data

According to data provided by the Australian Bureau of Statistics (2001, 2006 and 2011 Census Community Profiles – Gawler (T) Local Government Area), the total population of the council area increased by 1,180 (+6.7%) over the period 2001 – 2006, but then increased by a further 1,623 (+8.6%) during the period 2006 – 2011.

Overall, the population of the council area increased by 2,803 (+15.8%) during the period 2001 – 2011 and the total number of dwellings (all forms) increased by 1,790 (+24.35%).

By comparison, during the period 2001 – 2011 the population of South Australia increased by 9.4%, whilst dwelling numbers increased by 12.65%.

The data indicates significant and constant increases in population within the council area over recent years. This information is consistent with the population projections and the trend derived from the House of Assembly Roll. Should this trend continue, the future increase in population (and therefore elector numbers) will likely have a significant impact upon any potential future ward structure and, as such, will have to be taken into account.

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8. Ward Structure

Section 12(1)(b) of the Act allows for council areas to be divided into wards, or alternatively, for existing ward structures to be abolished. In addition, Section 12(6) of the Act requires Council examine the question of whether the division of the area into wards should be abolished.

8.1 No Wards

Arguments supporting the “no ward” alternative are:-

• it is the optimum form of democracy because the electors have the opportunity to vote for all of the vacant positions on council;

• the most supported candidates from across the council area will likely be elected, rather than candidates who may be favoured by the peculiarities of the ward based electoral system (e.g. elected unopposed or having attracted less votes than defeated candidates in other wards);

• the elected members should be free of parochial ward attitudes;

• the lines of communication between a council and its community should be enhanced, given that members of the community should be able to consult with any and/or all members of council, rather than perhaps feel obliged to consult with their specific ward councillors;

• as ward councillors do not have to reside within the ward that they represent, a ward structure does not guarantee that a ward councillor will have empathy for, or an affiliation with, the ward;

• under the current proportional representation method of voting the “no ward” structure still affords opportunities for the smaller “communities of interest” within the council area to be directly represented on council (subject to voter turnout) which, in turn, should provide broad representation and ensure a range of differing views and opinions on to be provided by the elected members;

• it automatically absorbs fluctuations in elector numbers of any magnitude, thereby avoiding the difficulties of developing and maintaining a ward structure which must sustain the pressures of anticipated high population growth yet continue to exhibit ward elector ratios which comply with the quota tolerance limits;

• the existing elected members generally consider themselves to represent not only their ward, but the council area as a whole, and it is suggested that their role and actions within the Council chamber, and the functions they perform on behalf of council, generally reflect this attitude and circumstance;

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• the introduction of postal voting has facilitated the dissemination of campaign literature throughout the council area, thereby reducing the difficulty and cost of conducting a council wide election campaign; and

• candidates for election to council will require the genuine desire, ability and means to succeed and serve on council, given the perceived difficulties and expense associated with contesting “at large” elections.

The primary arguments opposing the “no ward” option relate to:-

• the concern that a single interest group to gain considerable representation on council;

• small communities (in terms of elector numbers) within the council area may not be guaranteed of direct representation (as is the case under a ward structure);

• concern “at large” elections do not guarantee that elected members will have any empathy for, or affiliation with, all parts of, or communities within, the council area;

• the task and expense of contesting “at large” elections could be prohibitive, and therefore may deter appropriate/quality candidates;

• without wards council will have to conduct elections and supplementary elections across the whole of the council area (at a significant expense); and

• under the “no ward” structure the more prominent or popular councillors, or those who simply sit on the top of elected member listings (e.g. council web-site), may receive more enquiries from the public.

It should be noted that Section 6(2)(b) of the Local Government (Elections) Act 1999 enables Council to avoid a supplementary election for a vacancy of a councillor under circumstances where:

• the vacancy occurs within a specified period before a scheduled Local Government election; or

• the council area is not divided into wards, there is no other vacancy in the office of a member of the council, and it is the policy/decision of Council not to fill the vacancy until the next general election.

At present thirty-one regional councils and two metropolitan councils have no wards.

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8.2 Ward Representation

The following brief comments relate to the various levels of representation (i.e. number of councillors) which can be applied in a future ward structure.

8.2.1 Single Councillor Wards

Wards represented by a single councillor are generally small in area and therefore afford the ward councillors the opportunity to be more accessible to their constituents and able to concentrate on issues of local importance.

Due to the small size of the wards it is generally difficult to identify suitable ward boundaries; maintain entire communities of interest within a ward; and comply with the specified quota tolerance limits (+ or - 10% of the average ward electoral ratio).

The work load of the ward councillor can also be demanding, and absenteeism by the elected member (for whatever purpose and/or period) will leave the ward without representation.

8.2.2 Two Councillors Per Ward

This traditional level of representation allows for the sharing of duties and responsibilities amongst the ward councillors; lessens the likelihood of ward parochialism; broadens the opinions and skill set of the councillors; and affords continuous ward representation should one councillor be absent.

8.2.3 Three (or more) Councillors Per Ward

Generally, wards with three or more councillors can be large in area and, as a consequence, the ward structure is relatively simple. In addition, councillor absenteeism can be covered; the work load of the councillors can be reduced; there are greater perceived lines of communication between councillors and constituents; and there is more flexibility in regards to ward quota, allowances for fluctuations in elector numbers, and the preservation of communities of interest.

8.2.4 Varying Ward Representation

Whilst there is no disadvantage associated with a ward structure which exhibits wards of varying sizes and levels of representation, such a ward structure can be seen to lack balance and/or equity, with the larger wards (in elector and councillor numbers) being perceived as having a greater, more influential voice on council, even if the elector ratio within each of the wards is consistent.

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8.3 Assessment Criteria

An important step in the development and assessment of a new, appropriate ward structure for the Town of Gawler is to gain an appreciation of the general principles with which any proposed ward structure must comply.

In brief, any proposed future ward structure must comply with the specified 10% quota tolerance limits, and should take into account (where practicable) such matters as communities of interest; population; topography; communication; demographic change; and the total size and composition of council. Indeed, the provisions of Section 12(13) of the Act require that the Electoral Commissioner ensure that these requirements have been satisfied, prior to the issuing of an appropriate/necessary certificate.

Information relating to the various relevant principles is provided hereinafter.

8.3.1 General Legislative Provisions

Of particular relevance are the provisions of Section 33(1) of the Act as these require Council to take into account, as far as practicable, the following when developing a proposal relating to the boundaries of a ward or wards.

• The desirability of reflecting communities of interest of an economic, social, regional or other kind.

• The population of the area, and of each ward affected or envisaged by the proposal.

• The topography of the area, and of each ward affected or envisaged by the proposal.

• The feasibility of communication between electors affected by the proposal and their elected representatives.

• The nature of substantial demographic changes that may occur in the foreseeable future.

• The need to ensure adequate and fair representation while at the same time avoiding over-representation in comparison to other councils of a similar size and type (at least in the longer term).

In addition, Section 26(1) requires that the following broader Principles should also be taken into account during the review process.

• The resources available to local communities should be used as economically as possible while recognising the desirability of avoiding significant divisions within a community.

• Proposed changes should, wherever practicable, benefit ratepayers.

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• A council should have a sufficient resource base to fulfil its functions fairly, effectively and efficiently.

• A council should offer its community a reasonable range of services delivered on an efficient, flexible, equitable and responsive basis.

• A council should facilitate effective planning and development within an area, and be constituted with respect to an area that can be promoted on a coherent basis.

• A council should be in a position to facilitate sustainable development, the protection of the environment and the integration of land use schemes.

• A council should reflect communities of interest of an economic, recreational, social, regional or other kind, and be consistent with community structures, values, expectations and aspirations. • A council area should incorporate or promote an accessible centre (or centres) for local administration and services.

• The importance within the scheme of local government to ensure that local communities within large council areas can participate effectively in decisions about local matters.

• In considering boundary reform, it is advantageous (but not essential) to amalgamate whole areas of councils (with associated boundary changes, if necessary), and to avoid significant dislocations within the community.

• Residents should receive adequate and fair representation within the local government system, while over-representation in comparison with councils of a similar size and type should be avoided (at least in the longer term).

• The importance within the scheme of local government that a council be able to co-operate with other councils and provide an effective form of government to the community.

• A scheme that provides for the integration or sharing of staff and resources between two or more councils may offer a community or communities a viable and appropriate alternative to structural change options.

8.3.2 Quota

Section 33(2) of the Act states:

“ A proposal that relates to the formation or alteration of wards of a council must also observe the principle that the number of electors represented by a councillor must not, as at the relevant date (assuming that the proposal were in operation), vary from the ward quota by more than 10 per cent...”.

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According to the provisions of Section 33(2a)(b), ward quota is determined to be:

“ the number of electors for the area (as at the relevant date) divided by the number of councillors for the area who represent wards (assuming that the proposal were in operation and ignoring any fractions resulting from the division).”

Given the above, any proposed future ward structure must incorporate wards wherein the distribution of electors is equitable, either in terms of numbers (if the wards have equal representation) or elector ratio. Under the latter circumstance, the elector ratio within each ward must be within 10% of the average elector ratio for the council area.

Notwithstanding the above, Section 33(3) of the Act allows for the 10% quota tolerance limit to be exceeded (at the time of the review) if demographic changes predicted by a Federal or State government agency indicate that the ward quota will not be exceeded at the time of the next periodic election.

8.3.3 Communities of Interest

As the provisions of Section 26 and 33 seek the development of ward structures that reflect “communities of interest” of an economic, social, regional or other kind, it is considered appropriate that the question of what constitutes a “community of interest” be addressed.

In the past the Local Government Boundary Reform Board indicated that:

• “Communities of interest, for the purpose of structural reform proposals, are defined as aspects of the physical, economic and social systems which are central to the interactions of communities in their living environment”;

• “communities of interest” are identified by considering factors relevant to the physical, economic and social environment, including neighbourhood communities; history and heritage communities; sporting facilities; community support services; recreation and leisure communities; retail and shopping centres; work communities; industrial and economic development clusters; and environmental and geographic interests; and

• the analysis of the demographic data and profile will provide socio- economic indicators relevant to “communities of interest”.

The above serves to highlight the complexities associated with the “community of interest” concept.

Accordingly, it is suggested that “local knowledge” will be the best tool available to assist in the determination of this issue. However, the retention of entire suburbs and/or housing estates within proposed wards will serve (in part) to maintain and protect perceived existing communities of interest.

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8.4 Ward Identification

The means of ward identification are limited. The allocation of letters, numbers or direction titles (e.g. north, south, central etc) is considered to be acceptable, but it is suggested that these methods lack imagination and fail to reflect the character and/or history of the council area. The same cannot be said for the allocation of place names or names of European and/or indigenous heritage significance, but experience suggests that reaching consensus over the selection of appropriate names will likely prove to be a difficult exercise.

8.5 Ward Boundaries

Communities across South Australia have long exhibited an apathetic attitude towards Local Government elections. Indeed, despite the introduction of full postal voting across all councils in the year 2000, total voter turnout in Local Government elections declined from 40.1% in 2000, to 32.7% in 2003 and 31.6% in 2006. In 2010 the state-wide voter turnout increased marginally to 32.9%, but the average turnout for the metropolitan Councils was 28.04%.

By comparison the Town of Gawler recorded voter turnout of 41.5% in 2003; 34.2% in 2006 and 33.66% in 2010, all of which were better than the average turnout across the state and metropolitan Adelaide.

Whatever the reason for this attitude, care should be taken to ensure that the situation is not exacerbated as a result of any confusion and/or uncertainty that may arise due to an amendment to the ward structure.

Experience suggests that the communities generally prefer no change to an existing structure, however, if change is necessary, they are more likely to accept a new structure which has some logical basis and, where required, exhibits ward boundaries which are easily identifiable. Accordingly, it is recommended that every effort be made to align any proposed future ward boundaries with existing, long established township or district boundaries; main roads; or prominent geographical and/or man-made features.

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9. Ward Structure Options

Section 12 of the Act indicates that a council area may be divided into wards (or not), but specifically requires that an elector representation review address the division (or potential division) of the council area into wards. Accordingly, three ward structures have been provided to demonstrate how the Town of Gawler can be divided into wards, should the re-introduction of wards be preferred to the existing “no ward” arrangement.

These options are only examples of possible ward structures and have been developed to reflect some logical basis and an equitable distribution of elector numbers; to accommodate anticipated future residential development (and the resultant increase in elector numbers); and to maintain existing communities of interest, where possible. Council’s considerations are not limited to these ward structure examples and, as such, any suggestions and/or alternative ward structures presented by the community will be welcomed and duly assessed.

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9.1 Option 1

9.1.1 Description

The retention of the existing “no wards” arrangement.

9.1.2 Elector ratio/quota

Ward Councillors Electors Ratio % Variance

No Wards 10 14,676 1:1,468 0.0%

Total 10 14,676 1:1,468

9.1.3 Comments

The Town of Gawler is currently not divided into wards. This arrangement remains a practicable option and its retention will afford some benefits, including:

• the perception of stability within Local Government given that this arrangement was introduced in 1999;

• overcoming the division of the local community into wards based solely on the distribution of elector numbers;

• enabling the electors within the community the ability to vote for all members of Council, with the most favoured candidates being elected to represent (and act in the best interests of) the whole of the council area (despite the geographical location of their place of residence); and

• the flexibility of the arrangement, as the “no ward” option can accommodate any number of “area councillors” and is not affected by fluctuations in elector numbers (i.e. the specified quota tolerance limits do not apply, as is the case with wards).

The arguments for and against the “no ward” option have been previously presented (refer 8.1 No Wards).

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NO WARDS

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9.2 Option 2

9.2.1 Description

The division of the council area into five wards, with each ward being represented by two councillors (total of ten councillors).

9.2.2 Elector ratio/quota

Ward Councillors Electors Ratio % Variance

Ward 1 2 3,116 1:1,558 + 6.2 Ward 2 2 3,049 1:1,525 + 3.9 Ward 3 2 2,749 1:1,375 - 6.3 Ward 4 2 2,851 1:1,426 - 2.9 Ward 5 2 2,911 1:1,456 - 0.8

Total 10 14,676 Average 1:1,468

9.2.3 Comments

Option 2 proposes the division of the council area into five wards with what can be perceived as being the conventional level of ward representation (i.e. 2 councillors per ward).

The proposed wards:

• are somewhat awkward in their configuration but exhibit boundaries that generally align with existing suburb boundaries, with the exception of the boundary between proposed wards numbers 2 and 3 which aligns with Calton Road (and divides the suburb of Gawler East);

• have elector ratios that lie within the specified quota tolerance limits, although proposed wards numbers 1 and 3 have elector ratios that are heading towards the quota tolerance limits;

• differ in area but are not extraordinarily large and therefore should not pose any problems for the ward councillors in terms of workloads and/or the ability to consult with the local community; and

• are capable of sustaining reasonable fluctuations in elector numbers, for example under the worst case scenario (i.e. where elector fluctuation occurs entirely in one ward) the proposed wards can sustain elector increases of between approximately 150 (proposed ward 1) to approximately 600 (proposed ward 3) before the elector ratio within the individual wards will breach the quota tolerance limit (+10%).

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In respect to the latter point, the potential to sustain greater fluctuations in elector numbers in each of the proposed wards will obviously be enhanced under normal circumstances whereby elector fluctuations occur across the council area rather than wholly within one location or ward.

This structure could also be modified to two wards, with the ward to the north containing proposed wards 1 – 3 (8,914 electors represented by 6 councillors at an elector ratio of 1:1,486 and a quota tolerance variation of +1.2%) and the ward to the south containing proposed wards 4 and 5 (5,762 electors represented by 4 councillors at an elector ratio of 1:1,441 and a quota tolerance variation of -1.9%)

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WARD 1

WARD 2

WARD 3

WARD 4

WARD 5

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9.3 Option 3

9.3.1 Description

The division of the council area into three wards, with each of the proposed wards being represented by three councillors (total of nine councillors).

9.3.2 Elector ratio/quota

Ward Councillors Electors Ratio % Variance

Ward 1 3 4,835 1:1,612 - 1.2 Ward 2 3 4,947 1:1,649 + 1.1 Ward 3 3 4,894 1:1,631 + 0.0

Total 9 14,676 Average 1:1,631

9.3.3 Comments

A relatively simple three ward structure which is particularly well balanced in regards to the proposed ward elector ratios.

The elector ratios of the proposed wards lie well within the specified quota tolerance limits and, as such, the structure/proposed wards can sustain reasonable fluctuations in elector numbers (i.e. approximately -650 and +875 in ward 1; -750 and +650 in ward 2; and + or -750 in ward 3).

The proposed ward boundaries generally align with existing suburb boundaries, the exceptions being the boundary between proposed wards numbers 1 and 2 which (in part) aligns with Twelfth Street and divides the suburb of Gawler South; and the boundary between proposed wards numbers 1 and 3 which aligns with the railway line and consequently divides the suburb of Evanston. These diversions in the proposed ward boundaries are necessary to achieve the desired even distribution of electors between wards.

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WARD 1

WARD 2

WARD 3

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9.4 Option 4

9.4.1 Description

The division of the council area into three wards, with two of the proposed ward each being represented by three councillors and the remaining proposed ward being represented by two councillors (total of eight councillors).

9.4.2 Elector ratio/quota

Ward Councillors Electors Ratio % Variance

Ward 1 3 5,343 1:1,781 - 2.9 Ward 2 2 3,571 1:1,786 - 2.7 Ward 3 3 5,762 1:1,921 +4.7

Total 8 14,676 Average 1:1 835

9.4.3 Comments

This three ward structure purports varying levels of ward representation, an aspect which can be perceived as providing the larger (elector numbers) of the proposed wards with greater influence.

The elector ratios of the proposed wards lie well within the specified quota tolerance limits and, as such, the structure/proposed wards can sustain reasonable fluctuations in elector numbers (i.e. approximately -650 and +1200 in ward 1; -375 and +650 in ward 2; and -1200 and +500 in ward 3).

The proposed ward boundaries align with existing suburb boundaries, the exception being the boundary (in part) between proposed wards 1 and 2 which aligns with Seventh Street and as a result divides the suburb of Gawler South.

An alternative, being the division of the council area into four wards with each being represented by two councillors proved to be a difficult exercise and could only be achieved by dividing the suburb of Evanston Park in two. The lack of prominent physical features or main roads meant that any proposed boundary would have to be aligned with a residential street. This was considered to be inappropriate and at odds with the provisions of the Act that seek to preserve and maintain “communities of interest”. Accordingly, this alternative ward structure was not pursued.

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WARD 1

WARD 2

WARD 3

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10. Summary

The representation review being undertaken by the Town of Gawler must be comprehensive; open to scrutiny by, and input from, the local community; and where possible, seek to improve elector representation. Further, Council must examine alternatives to its present composition and structure (no wards) with the view to achieving fair and adequate representation of all of the electors across the council area.

This stage of the review is about disseminating information pertaining to the review process and the key issues; and affording the community the opportunity to participate over a six week (minimum) public consultation period. At the next stage of the review process Council will have to make some “in principle” decisions in respect to its future composition, and the future division of the council area into wards (if required), taking into account the practical knowledge and experience of the individual elected members and the submissions made by the community.

The Council name has included a reference to Gawler since it was established in 1857, and history indicates that the township of Gawler was the first country town in South Australia. Whilst the elector representation review affords the opportunity to consider a change to the council name, there appears to be little to justify such action at this time and it is therefore not a matter which is currently being contemplated by Council.

There appear to be few practical advantages to be gained by adopting the position of chairperson in preference to that of the mayor. In terms of elector representation, the principal difference is that the mayor is elected by the community to lead the Council for a term of four years, whereas a chairperson is chosen by the elected members for a term of between one and four years. The elected mayor provides the elected Council with an identifiable principal member, whereas the office of chairperson provides potential for various elected members to gain experience as the principal member of Council, and to bring their particular skill set and opinions to the position.

Any proposal to have a chairperson rather than an elected mayor cannot proceed unless and/or until a poll of the community has been conducted in accordance with the requirements of Section 12 (11a-d) of the Act.

Councillors are either elected by the electors within a ward to represent that ward (i.e. ward councillors) or are elected by the community to represent the whole of the council area (i.e. area councillors). Under a “no ward” structure (as is currently the situation with the Town of Gawler) the councillors are area councillors. The Act also allows for a mix of ward councillors and area councillors should this composition achieve fair and adequate representation for the electors within the council area.

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There is only one council in South Australia which currently comprises both area and ward councillors, this being the . It is considered that this second tier of representation affords few advantages to the community, given that ward councillors are generally quick to point out that they represent the council area as a whole and participate equally in determining matters of council-wide importance that are presented before council. Further, under circumstances where council comprises a mix of area councillors and ward councillors, any contested elections (and/or supplementary elections) for the position(s) of area councillor have to be conducted across the whole of the council area at a considerable cost to the council.

There is no formula that can be utilised to determine the appropriate number of elected members, however, the provisions of the Local Government Act 1999 specifically require Council avoid over-representation in comparison to other Councils of a similar size and type (at least in the longer term).

Whilst the current elector ratio of Council (1:1,468) is comparable to the elector ratios exhibited by most of the Councils that have similar but fewer elector numbers, it is lower than those of the slightly larger Councils (in terms of elector numbers). In fact, the two Councils that have the most similar elector numbers to the Town of Gawler (i.e. the City of Whyalla and the City of Prospect), whilst not necessarily similar “in type” to Council, both have higher elector ratios (1:1,611 and 1:1,713 respectively) because of fewer elected members.

It is also noted that:

• the Town of Gawler is expected to experience significant population growth in the foreseeable future which will likely result in an increase in elector numbers, elector ratio and the workloads of the elected members;

• the Town of Gawler covers a relatively small area (41.1km²) and, as such, it may be difficult to present a rational argument (at this time) supporting more elected members than Councils which incorporate greater physical areas and fewer councillors; and

• prior to the amendments made to the Local Government (Elections) Act 1999 in December 2009 Council exhibited an elector ratio of 1:1,635.

Given the above some consideration should be given to reducing the number of elected members in accordance with the intent of the Local Government Act. However, any review of elected member numbers must ensure that the future Council will comprise sufficient elected members to meet its obligations in respect to its roles and responsibilities; afford sufficient lines of communication with the community; and manage the workloads of the elected members.

A reduction in the number of councillors to nine or eight will achieve elector ratios of 1:1,631 and 1:1,835 respectively.

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As to whether the council area should be divided into wards or continue under the current “no ward” arrangement is a difficult issue, given that both options exhibit merit.

The council area is currently not divided into wards, an arrangement that has been in existence since 1999. This arrangement enables an elector to vote for all of the vacant positions on Council; ensures that the most supported candidates from across the council area will be elected; and overcomes past parochial ward attitudes. Wards can also been seen as an unnecessary division of the community, an assertion that has some basis given that ward councillors do not have to reside within the ward that they represent.

Further, under the existing “no ward” structure the current proportional representation method of voting affords opportunities for existing “communities of interest” within the council area to be directly represented on council, subject to voter turnout and support, primarily because the required “quota” to ensure election can be reasonably low (depending on the number of councillors to be elected). This can help ensure that all significant voting interests in the community, whether they be based on location and/or different community perspectives, have a fair chance of electing councillors, assuming that credible candidates sharing the interest nominate for election. This system can therefore provide broad representation leading to differing skill sets, expertise, views and opinions on council.

On the other hand the division of the council area into wards guarantees the direct representation of all parts of the council area; enables ward councillors to focus on local as well as council-wide issues; enables and attracts candidates to contest ward elections; reduces the cost and effort required to campaign at an election; and potentially provides cost savings to Council in regards the conduct of elections and supplementary elections.

Should it be determined that the council area be divided into wards, a new ward structure will have to be developed and introduced. Accordingly, a number of ward structure options have been presented as examples of how the council area can be divided into wards under circumstances whereby the Council comprises eight, nine and/or ten councillors. These ward structures are all relatively well balanced (in regards to elector numbers) and are capable of sustaining considerable fluctuations in elector numbers.

As for the issue of ward identification, further consideration may have to be given to this matter later in the review process, depending on future decisions regarding the division of the council area into wards. Notwithstanding this, it is suggested that the allocation of names of local significance is be the most appropriate means of ward identification.

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