Council seeks raft of legislative reforms

Published 3rd February 2023
Barunga West Council has finalised its submissions for the 2023 Local Government Association Ordinary General Meeting, with proposals aimed at improving democracy, community engagement, and the effective functioning of rural councils across South Australia.

Submissions, reflecting the policy decisions of Barunga West councillors, will go to the South Australian Regional Organisation of Councils (SAROC) for inclusion in the agenda of the meeting to be held in April.

Reforms to allow rural councils to elect their mayors from within

Barunga West Council believes that allowing rural councils to elect their mayors from within their elected bodies will strengthen democracy, increase community engagement and provide a direct link between the elector and the mayor.

The current process of electing a mayor from within for councils with less than 5000 people allows councillors to select the person with the right skills and attributes to preside over meetings, provides for a review of the mayor's performance and allows for the sharing of the role and responsibility of mayor during the four-year term.

On the other hand, having mayors elected directly by ratepayers could prevent highly suitable candidates from sitting on council if they are not successful.

As of the next election in 2026, rural councils will be required to be constituted on the basis that the Principal Member (Mayor) is to be appointed or elected as a representative of the area as a whole.

“A direct election of a mayor in a rural council will result in a mayor being elected based on personality and popularity, opposed to electing a person with the skill set to undertake the roles and responsibilities of mayor,” Barunga West Council CEO Maree Wauchope said.

“We are recommending reforms to allow rural councils to determine their leader and not have a leader imposed upon them that may not have the skills and attributes to lead a council and their meetings.”

Reforms to allow council nominations to be made public

Barunga West Council is proposing reforms to legislation to allow council election candidate nominations to be made public during the campaign period. Candidate nomination forms summarising each of the candidates were disallowed for the first time in more than two decades at the last local government election.

The Electoral Commission of South Australia (ECSA) stipulated that candidate applications would instead be managed through the ECSA Portal, and names would be revealed online within 24 hours after the close of the nomination period. Barunga West Council believes that making nominations public earlier will improve the administration of the nomination process and increase transparency during the campaign period. It will allow voters to have access to candidate information and make informed decisions during the election.

Council believes the blind nomination process for the 2022 elections could be a major factor that contributed to a record number of supplementary elections, compared with the results of recent periodic council elections.

Ten rural councils received insufficient nominations in the 2022 Council Elections, and are now required to run supplementary elections estimated to cost each of these councils and their ratepayers between $20,000 and $30,000.

“For rural and regional councils this change to the nomination process has proven detrimental to the community participatory process, with communities unaware there was not enough interest to fill the roles of mayors and councillors,” Ms Wauchope said.

“A blind nomination process did not enable or empower communities to further encourage community members to nominate for a position on council. While ECSA has benefitted administratively, it has been to the detriment and disadvantage to regional and rural communities across the state.”

Creation of Rural Living Land and minimising the amenity impacts of transportable dwellings

Barunga West Council is calling on the State Government to resume supporting code amendments for the creation of Rural Living Land and to include provisions in the Planning and Design Code that allow councils to minimise the amenity impacts of transportable dwellings in rural and regional areas. Council believes that these reforms will improve the quality of life for residents of rural and regional areas by providing them with more suitable living options.

Councils are finding an increase of development applications for transportable dwellings within regional and rural areas, raising some issues with their impact to street and township amenity because of their overall form, style and visual character.

“It is recognised transportable dwellings offer an ‘affordable housing’ option especially in this current market where building costs have skyrocketed and trade persons are difficult to source in regional areas,” Ms Wauchope said. “However, ‘affordable housing’ should never severely compromise the amenity of a community.”

Improve regional local government roads

Barunga West Council also is calling on the Local Government Association to advocate for State Government support to improve regional roads that accommodate school bus routes.

Council believes that improving these roads will ensure the safety of school children and improve the overall infrastructure in rural and regional areas.

“Barunga West Council is committed to improving the quality of life for its residents by advocating for reforms that will enhance democracy, community engagement, and effective functioning of rural councils,” Ms Wauchope said.

“Council is hopeful that its submissions will be considered by SAROC and the LGA in April 2023, and that the proposed changes will be implemented in the near future to benefit all rural councils across the state.”