Local Government Amendment Act 2007 (WA)

Western Australia

Local Government Amendment Act 2007

Western Australia

Local Government Amendment Act 2007

CONTENTS

1.	Short title	2
2.	Commencement	2
3.	The Act amended	2
4.	Section 4.69 amended	2
5.	Schedule 4.1 replaced	3
Schedule 4.1 — How to count votes and ascertain

the result of an election

Division 1 — Preliminary

Terms used in this Schedule

Division 2 — One office elections

2.	One office election: 2 candidates	3
3.	One office election: 3 or more candidates	4
4.	Count of first preference votes	4
5.	Exclusion of candidate and transfer of
votes if vacancy remains	4
6.	Further exclusions if necessary	5
7.	Filling vacancy if 2 candidates have equal
votes after a transfer	5
8.	Procedure to determine excluded
candidate if votes equal	6

Division 3 — Elections for 2 or more councillors

9.	Application of Division	6
10.	Count of first preference votes and
determination of quota	6
11.	Transfer of surplus votes if any vacancy
remains	6
12.	Further transfer of votes if any vacancy
remains	7
13.	Votes of other candidates not to be transferred to a candidate who has obtained a quota	8

Local Government Amendment Act 2007

Contents

14. Exclusion of candidate and transfer of

votes if any vacancy remains

15. Further transfer of surplus votes if

necessary

16.

Further exclusions if necessary

17. Transfer of votes to a candidate to cease

as soon as quota has been obtained

18.

Filling final vacancy

19. No need for further count if number of

continuing candidates equals number of

vacancies

20.

Order of transfer of surpluses

21.

Procedure in case of equal surpluses

22. Surplus from earlier count or transfer to be

transferred before later surplus

23. Procedure to determine excluded

candidate if votes equal

24. When votes are to be set aside as finally

dealt with

25.

Transfers to be treated separately

Schedule 4.2 amended

Western Australia

Local Government Amendment Act 2007

No. 9 of 2007

An Act to amend the Local Government Act 1995.

[Assented to 25 June 2007]

The Parliament of Western Australia enacts as follows:

Local Government Amendment Act 2007

s. 1

1. Short title

This is the Local Government Amendment Act 2007.

2. Commencement

This Act comes into operation on a day fixed by proclamation.

3. The Act amended

The amendments in this Act are to the Local Government

Act 1995*.

[* Reprint 3 as at 5 August 2005.

For subsequent amendments see Western Australian

Legislation Information Tables for 2005, Table 1 and Acts

Nos. 38 of 2005 and 28 of 2006.]

4. Section 4.69 amended

(1)

Section 4.69(1) is amended by inserting after “election” —

“ and only 2 candidates are named on the ballot paper ”.

(2)

Section 4.69(2) is repealed and the following subsections are

inserted instead —

“

(2)

In any other case, an elector is to cast his or her vote by marking the ballot paper in accordance with regulations so as to indicate the sequence in which all the

candidates named on the ballot paper rank in the order

of the elector’s preference for them.

(3)

If preferences are indicated for all but one of the

candidates, that candidate is taken to rank lowest in the

order of the elector’s preference for the candidates.

”.

Local Government Amendment Act 2007

s. 5

5. Schedule 4.1 replaced

Schedule 4.1 is repealed and the following Schedule is inserted

instead —

“

Schedule 4.1 — How to count votes and ascertain

the result of an election

[s. 4.74]

Division 1 — Preliminary

1. Terms used in this Schedule

(1)	In this Schedule —
“continuing candidate” means a candidate who has not

already been elected or excluded from the count;

“first preference vote” received by a candidate means a

vote cast by an elector that indicates that the candidate

ranks highest in the order of the elector’s preference for

the candidates;

“one office election” means an election to fill the office of

mayor or president or to fill one office of councillor;

“quota” means the quota determined under clause 10(1);

“total vote” means the total number of all the first

preference votes received by candidates.

(2)	A reference in this Schedule to votes of or obtained or received by a candidate includes votes obtained or received by the candidate on any transfer under this Schedule.

Division 2 — One office elections

2. One office election: 2 candidates

(1)	If there are only 2 candidates in a one office election —

(a)	the number of votes received by each candidate is to be ascertained; and
(b)	the candidate who has the greater number of votes is elected.

Local Government Amendment Act 2007

s. 5

(2)	If the candidates have an equal number of votes, the returning officer is to draw lots in accordance with regulations to determine which candidate is elected.

3. One office election: 3 or more candidates

Clauses 4 to 8 apply if there are 3 or more candidates in a

one office election.

4. Count of first preference votes

(1)

The number of first preference votes received by each

candidate and the total vote are to be ascertained.

(2)

If the number of first preference votes received by a

candidate is more than half of the total vote, the candidate is

elected.

5. Exclusion of candidate and transfer of votes if vacancy remains

(1)	If the office has not been filled, the candidate who has the fewest first preference votes is excluded and all of that candidate’s votes are to be transferred to the continuing candidates as follows —

(a)	any ballot papers of the excluded candidate that express the first preference vote for the excluded candidate and the next available preference for a particular continuing candidate are to be transferred

to the continuing candidate;

(b)	the total number of ballot papers that are transferred to a continuing candidate under paragraph (a) is to be added to the number of votes of the continuing candidate.

(2)	If the number of votes that a continuing candidate has received on the completion of the transfer under subclause (1) is more than half of the total vote, the candidate is elected.

Local Government Amendment Act 2007

s. 5

6. Further exclusions if necessary

(1)	If, after the transfer of all the votes of an excluded candidate, the office has not been filled, the candidate who has the fewest votes is excluded and all of that candidate’s votes are to be transferred to the continuing candidates as follows —

(a)	any ballot papers of the excluded candidate that express the first preference vote for the excluded candidate and the next available preference for a particular continuing candidate are to be transferred

to the continuing candidate;

(b)	the total number of ballot papers that are transferred to a continuing candidate under paragraph (a) is to be added to the number of votes of the continuing candidate;
(c)	any ballot papers previously transferred to the excluded candidate under this Division that express the next available preference for a particular continuing candidate are to be transferred to the continuing candidate;
(d)	the total number of ballot papers that are transferred to a continuing candidate under paragraph (c) is to be added to the number of votes of the continuing candidate.

(2)	If the number of votes that a continuing candidate has received on the completion of the transfer under subclause (1) is more than half of the total vote, the candidate is elected.

7. Filling vacancy if 2 candidates have equal votes after a transfer

If there are only 2 continuing candidates and they have

received the same number of votes on the completion of a

transfer under clause 5(1) or 6(1), the returning officer is to

draw lots in accordance with regulations to determine which

candidate is elected.

Local Government Amendment Act 2007

s. 5

8. Procedure to determine excluded candidate if votes equal

If the candidate who has the fewest votes is required to be

excluded under clause 5(1) or 6(1), and 2 or more

candidates (the “tied candidates”) have an equal number of

votes (no other candidate having fewer votes) the returning

officer is to draw lots in accordance with regulations to

determine which of the tied candidates is excluded.

Division 3 — Elections for 2 or more councillors

9. Application of Division

This Division applies to an election other than a one office

election.

10. Count of first preference votes and determination of quota

(1)

The number of first preference votes received by each

candidate and the total vote are to be ascertained and a quota

is to be determined by dividing the total vote by one more

than the number of candidates required to be elected and by

increasing the quotient so obtained (disregarding any

remainder) by one.

(2)

Any candidate who has received a number of first

preference votes equal to or greater than the quota is elected.

11. Transfer of surplus votes if any vacancy remains

(1)	Unless all the offices have been filled, the votes (if any) that each elected candidate has received in excess of the quota (“surplus votes”) are to be transferred to the continuing candidates as follows —

(a)	the number of surplus votes of the elected candidate is to be divided by the number of first preference votes received by the elected candidate and the resulting fraction is the “transfer value”;

Local Government Amendment Act 2007

s. 5

(b)	the total number of ballot papers of the elected candidate that express the first preference vote for the elected candidate and the next available preference for a particular continuing candidate is to be multiplied by the transfer value;
(c)	the number so obtained (disregarding any fraction) is to be added to the number of first preference votes of the continuing candidate;
(d)	all those ballot papers are to be transferred to the continuing candidate.

(2)	Any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of any transfer under subclause (1) is elected.

12. Further transfer of votes if any vacancy remains

(1)	Unless all the offices have been filled, the surplus votes (if any) of any candidate elected under clause 11(2), or elected subsequently under subclause (2), are to be transferred to the
continuing candidates as follows —

(a)	the number of surplus votes of the elected candidate is to be divided by the number of votes received by the elected candidate and the resulting fraction is

the “surplus fraction”;

(b)

in relation to any particular ballot papers for surplus votes of the elected candidate, the surplus fraction is to be multiplied by the transfer value at which those ballot papers were transferred to the elected

candidate, or by one if they expressed first

preference votes for the elected candidate, and the

product is the “continued transfer value” of those

particular ballot papers;

(c)

the total number of ballot papers for surplus votes of the elected candidate that each —

(i) express the next available preference for a particular continuing candidate; and

(ii) have a particular continued transfer value,

Local Government Amendment Act 2007

s. 5

are to be multiplied by that transfer value, the

number so obtained (disregarding any fraction) is to

be added to the number of votes of the continuing

candidate and all those ballot papers are to be

transferred to the continuing candidate.

(2)	If on the completion of the transfer of the surplus votes of the elected candidate to a particular continuing candidate that candidate has received a number of votes equal to or greater than the quota, that candidate is elected.

13. Votes of other candidates not to be transferred to a candidate who has obtained a quota

If a continuing candidate has received a number of votes equal to or greater than the quota on the completion of a transfer under clause 11 or 12 of the surplus votes of a

particular elected candidate, no votes of any other candidate

are to be transferred to the continuing candidate.

14. Exclusion of candidate and transfer of votes if any vacancy remains

If, after the counting of first preference votes or the transfer of surplus votes (if any) of elected candidates, no candidate has, or less than the number of candidates required to be

elected have, received a number of votes equal to the quota,

the candidate who has the fewest votes is excluded and all

of that candidate’s votes are to be transferred to the

continuing candidates as follows —

(a)

any ballot papers of the excluded candidate that express the first preference vote for the excluded candidate and the next available preference for a particular continuing candidate are to be transferred

to the continuing candidate (each ballot paper at a

transfer value of one);

(b)

the total number of ballot papers that are transferred to a continuing candidate under paragraph (a) is to be added to the number of votes of the continuing candidate;

Local Government Amendment Act 2007

s. 5

(c)

the total number (if any) of other votes obtained by the excluded candidate on transfers under this Division are to be transferred from the excluded candidate in the order of the transfers on which the excluded candidate obtained them, the votes obtained on the earliest transfer being transferred first, as follows —

(i) the total number of ballot papers transferred to the excluded candidate from a particular candidate and expressing the next available preference for a particular continuing

candidate are to be multiplied by the

transfer value at which the ballot papers

were so transferred to the excluded

candidate;

(ii) the number so obtained (disregarding any fraction) is to be added to the number of votes of the continuing candidate;

(iii) all those ballot papers are to be transferred to the continuing candidate.

15. Further transfer of surplus votes if necessary

Any continuing candidate who has received a number of

votes equal to or greater than the quota on the completion of

a transfer under clause 14 or 16 of votes of an excluded

candidate is elected, and, unless all the offices have been

filled, the surplus votes (if any) of the candidate so elected

are to be transferred in accordance with clause 12, except

that, if the candidate so elected is elected before all the votes

of the excluded candidate have been transferred, the surplus

votes (if any) of the candidate so elected are not to be

transferred until the remaining votes of the excluded

candidate have been transferred in accordance with

clause 14 to continuing candidates.

Local Government Amendment Act 2007

s. 5

16. Further exclusions if necessary

Subject to clause 18, if, after the transfer of all the votes of

an excluded candidate, no continuing candidate has received

a number of votes greater than the quota, the continuing

candidate who has the fewest votes is excluded and that

candidate’s votes are to be transferred in accordance with

clause 14.

17. Transfer of votes to a candidate to cease as soon as quota has been obtained

If a candidate is elected as a result of a transfer of the first

preference votes of an excluded candidate or a transfer of all

the votes of an excluded candidate that were transferred to

the excluded candidate from a particular candidate, no other

votes of the excluded candidate are to be transferred to the

candidate so elected.

18. Filling final vacancy

In respect of the last office to be filled for which 2

continuing candidates remain, the continuing candidate who

has the larger number of votes is elected even if that number

is below the quota, and if they have an equal number of

votes the returning officer is to draw lots in accordance with

regulations to determine which candidate is elected.

19. No need for further count if number of continuing candidates equals number of vacancies

Despite any other provision of this Division, if the number

of continuing candidates is equal to the number of

remaining unfilled offices, those candidates are elected.

20. Order of transfer of surpluses

Subject to clauses 21 and 22, if, after any count or transfer

under this Division, 2 or more candidates have surplus

votes, the order of any transfers of the surplus votes of those

candidates is to be in accordance with the relative sizes of

the surpluses, the larger or largest surplus being transferred

first.

Local Government Amendment Act 2007

s. 5

21. Procedure in case of equal surpluses

Subject to clause 22, if, after any count or transfer under this

Division, 2 or more candidates have equal surpluses, the

order of any transfers of the surplus votes of those

candidates is to be in accordance with the relative numbers

of votes of those candidates at the last count or transfer at

which each of those candidates had a different number of

votes, the surplus of the candidate with the larger or largest

number of votes at that count or transfer being transferred

first, but if there has been no such count or transfer the

returning officer is to draw lots in accordance with

regulations to determine which candidate is, as between

those candidates, taken to have had the larger or largest

surplus.

22. Surplus from earlier count or transfer to be transferred before later surplus

If, after any count or transfer under this Division, a

candidate obtains surplus votes, those surplus votes are not

to be transferred before the transfer of any surplus votes

obtained by any other candidate on an earlier count or

transfer.

23. Procedure to determine excluded candidate if votes equal

If the candidate who has the fewest votes is required to be excluded under clause 14 or 16 and 2 or more candidates (the “tied candidates”) have an equal number of votes (no

other candidate having fewer votes), whichever of the tied

candidates had the fewer or fewest votes at the last count or

transfer at which each of the tied candidates had a different

number of votes is excluded, but if there has been no such

count or transfer the returning officer is to draw lots in

accordance with regulations to determine which of the tied

candidates is excluded.

Local Government Amendment Act 2007

s. 6

24. When votes are to be set aside as finally dealt with

If a candidate is elected by reason that the number of first

preference votes received by the candidate, or the aggregate

of first preference votes received by the candidate and all

other votes obtained by the candidate on transfers under this

Division, is equal to the quota, all the ballot papers

expressing those votes are to be set aside as finally dealt

with.

25. Transfers to be treated separately

Each of the following constitutes a separate transfer for the

purposes of this Division —

(a)	a transfer under clause 11, 12 or 15 of all the surplus votes of an elected candidate;
(b)	a transfer in accordance with clause 14(a) and (b) of all first preference votes of an excluded candidate;
(c)	a transfer in accordance with clause 14(c) of all the votes of an excluded candidate that were transferred to the excluded candidate from a particular

candidate.

”.

6. Schedule 4.2 amended

(1)	Schedule 4.2 clause 8 is amended by inserting before “votes” in each place where it occurs —
“ primary ”.
(2)	After Schedule 4.2 clause 8 the following clause is inserted —
“

8A.	In clause 8 —
“primary vote” received by a person on his or her election

means —

(a)	in relation to an election in which there are only 2 candidates to fill one office of councillor, a vote cast by an elector that indicates the person whom the elector wishes to be elected; or

Local Government Amendment Act 2007

s. 6

(b)	in any other case, a vote cast by an elector that indicates that the person ranks highest in the order of the elector’s preference for the candidates.

”.