Petitions

The Local Government Act (The Act) is very prescriptive about the format of a “petition”. If a representation is not presented in the prescribed format Council may consider it, but the procedure detailed in the Local Government Act for dealing with a correctly formatted petition will not be followed.

Section 57(2) of the Act states that “A person lodging a petition is to ensure that the petition contains”

(a) a clear and concise statement identifying the subject matter; and

(b) a heading on each page indicating the subject matter; and

(c) a brief statement on each page of the subject matter and the action requested; and

(d) a statement specifying the number of signatories; and

(e) the full printed name, address and signature of the person lodging the petition at the end of the petition.

A sample “form” is available to help you to put together a petition in the correct format.

When you are ready to give your petition to Council, Section 57(1) of the Act says that it may be “lodged” by presenting it to an Alderman or to the General Manager.

If you lodge your petition with an Alderman they must either “table” it at the next ordinary Council meeting or, forward it within 7 days of receipt to the General Manager.

When the General Manager receives a petition, either from you or via an Alderman, he or she must “table” it at the next ordinary meeting of Council.

A petition will not be tabled if:

(a) it does not comply with section 57; or

(b) it is defamatory; or

(c) any action it proposes is unlawful.

You will be notified within 21 days of lodgement if your petition is not tabled and the reason(s) why it was not tabled.

When a petition is “tabled” at a Council meeting this merely brings to Council’s attention that the petition has been received. At this stage Council is not in a position to “consider” the petition because it does not have any “background” and other relevant information on which to make a decision.

Council must consider your petition within 42 days of it being tabled and the General Manager is to notify you in writing regarding when this will be.

There are two types of petition that could be considered to be “special” for which there are additional requirements.

Firstly, in accordance with Section 59 of the Act, a petition can be prepared requesting that Council hold a public meeting regarding the subject matter of the petition.

Secondly, in accordance with section 60C of the Act, a petition may be lodged requesting that Council conduct an “elector poll”.

If you are contemplating preparing a petition requesting either a public meeting or an elector poll please contact us to discuss the requirements.

Offences relating to petitions

Section 339B of the Act prescribes certain offences relating to petitions, including significant penalties for each offence. The section is reproduced below. From 24 October 2007 a “penalty unit” was $120 (indexed each year).

(1) A person must not include in, or delete from, a petition the name of another person without that other person's consent.

Penalty: Fine not exceeding 50 penalty units.

(2) A person must not include in a petition a statement knowing it to be false or misleading.

Penalty: Fine not exceeding 50 penalty units.

(3) A person must not make a statement knowing it to be false or misleading to induce or attempt to induce another person to sign a petition.

Penalty: Fine not exceeding 50 penalty units.