Local Government Act 1995 (WA)(CKI) (Amendment) Ordinance 1996

Overview

The Local Government Act 1995 (W.A.) (C.K.I.) (Amendment) Ordinance 1996 was enacted to address certain gaps and make amendments to the Local Government Act 1995 (W.A.) (C.K.I.) for the Territory of Cocos (Keeling) Islands. The ordinance was made by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, under the authority of the Cocos (Keeling) Islands Act 1955. The primary purpose of this amendment was to modernise and streamline the governance framework within the local government of the Cocos (Keeling) Islands, ensuring that the local government operates more effectively and transparently. This was achieved by revising specific provisions related to the termination of employment upon election to council, the eligibility criteria for voting, and the allowance of translations on ballot papers and other forms to cater to the linguistic diversity of the community.

Scope and Application

The Local Government Act 1995 (W.A.) (C.K.I.) Amendment Ordinance 1996 amends the Local Government Act 1995 (W.A.) (C.K.I.) to revise the regulations concerning the employment and electoral eligibility of certain officials within the Shire of Cocos (Keeling) Islands. This legislation applies to persons who hold specified positions within the Shire, including the CEO, deputy CEO, senior employees, shire clerk, shire engineer, town planner, building surveyor, and treasurer. The ordinance specifies that the employment of these officials terminates upon their election to the Cocos (Keeling) Islands Council. Furthermore, the ordinance updates the eligibility criteria for enrolment to vote in local elections, aligning it with the Commonwealth Electoral Act 1918, and allows for ballot papers to include translations or summaries in languages other than English. The jurisdictional reach of this legislation is confined to the Territory of Cocos (Keeling) Islands, operating under the authority of the Western Australian Local Government Act 1995 as adapted to the local context. The ordinance does not explicitly state any exclusions, exemptions, or thresholds, and its application is not extended or restricted through subordinate instruments.

Key Provisions

The Local Government Act 1995 (W.A.) (C.K.I.) Amendment Ordinance 1996 introduces significant amendments to the existing Local Government Act, particularly affecting the employment and electoral processes within the Shire of Cocos (Keeling) Islands. Section 2.26 now specifies that certain employment positions within the Shire are terminated when the holder of such a position is elected to the Cocos (Keeling) Islands Council. These positions include the CEO, deputy CEO, senior employee, shire clerk, shire engineer, town planner, building surveyor, and treasurer (sections 2.26(1) and (3)). This amendment ensures that individuals in these roles must choose between their employment with the Shire and their role as a council member. Section 2.32 clarifies that extraordinary vacancies in elected offices can occur when an individual to whom section 2.26 applies is elected to the council (section 2.32(e)). Furthermore, section 4.29 redefines the eligibility criteria for residents to be enrolled to vote, specifying that a person must be enrolled or qualified for enrolment in the District constituted by the Territory under subsection 79(2) of the Commonwealth Electoral Act 1918 (section 4.29). Section 4.30 similarly redefines the eligibility criteria for non-resident owners and occupiers, requiring them to be enrolled or qualified for enrolment under the Commonwealth Electoral Act 1918, own or occupy rateable property within the Territory, and have made and had accepted an electoral eligibility claim (section 4.30). Additionally, a new section 4.71A permits ballot papers and other forms to include translations or summaries in languages other than English (section 4.71A). The amendments impose specific obligations on the Shire of Cocos (Keeling) Islands and its employees, particularly those in the outlined positions, who must terminate their employment upon election to the Council. The Act also requires the Shire to facilitate the electoral process by ensuring that ballot papers and other forms can include translations or summaries in languages other than English, enhancing accessibility for non-English speaking residents (section 4.71A). Furthermore, the Act mandates that the Shire must adhere to the revised eligibility criteria for enrolment, ensuring that only eligible residents and non-resident owners or occupiers are allowed to vote in local elections. Breach of the provisions of this Ordinance can lead to various consequences. For instance, individuals who continue their employment with the Shire after being elected to the Council may face disciplinary actions or be required to relinquish their council position. Additionally, failure to adhere to the new eligibility criteria for enrolment may result in disqualification from voting, potentially leading to legal challenges and the need for judicial intervention to determine eligibility. While the Ordinance does not explicitly state maximum penalties, breaches of electoral laws in Australia generally carry significant fines and potential imprisonment, depending on the severity and intent of the violation.