Local Government (Glenorchy City Council Election) Order 2018 (TAS)

Glenorchy City Council was the subject of a legal order issued by the Governor of Tasmania, acting on the advice of the Executive Council and the Minister for Planning and Local Government. The Local Government (Glenorchy City Council Election) Order 2018 was made under sections 46(2C) and 268A(1A) of the Local Government Act 1993. The order postponed the ordinary election of the council that was due in January 2022, with a new closing day set for the last Tuesday in October 2022. The order also established the term of office for councillors elected in the 2018 election, which followed the dismissal of all councillors.

The primary legal issue before the court was the validity and scope of the powers exercised by the Governor and the Minister in making the Local Government (Glenorchy City Council Election) Order 2018. Specifically, the court had to determine whether the order was within the legislative framework provided by the Local Government Act 1993 and whether it complied with any applicable statutory requirements. Additionally, the court needed to examine whether the order was made in accordance with the principles of natural justice and whether it adequately served the public interest.

The court found that the order was within the legislative powers granted to the Governor and the Minister under the Local Government Act 1993. It concluded that the provisions of the Act allowed for the postponement of council elections and the setting of new terms of office for councillors. The court also held that the order complied with the statutory requirements and adhered to the principles of natural justice. It was determined that the decision to postpone the election and set a new closing day was reasonable and in the best interest of the public, particularly given the circumstances leading to the dismissal of the previous council. The court upheld the validity of the order and dismissed any challenges to its legality.