Petitions & Special Meetings of Electors
Petitions
Petitions are documents used by persons to directly lobby representative bodies such as parliament or local governments about matters of public concern. A petition is basically a request for action. However, the subject of a Petition must be a matter on which the Council has the power to act.
Requirements for a Petition
Clause 2.24 of the City's Meeting Procedures Local Law 2008 sets out the requirements for a petition to be effective, which are:
- be addressed to the Mayor, Chief Executive Officer or City;
- be made by a person, with that person's contact details included on the petition (this person will be the contact for the petition);
- state the request on every page of the petition;
- provide reasons for the request;
- contain the names, addresses and signatures of the persons making the request, and the date each person signed;
- be polite, legible (either clearly hand written or typed)
- be in English or be accompanied by a certified translation; and
- contain at least six (6) signatures.
The Petition must not:
- have any crossing out or erased passages in the reasons for the Petition or the request for action;
- contain signatures copied or pasted onto the Petition;
- have other documents attached to the Petition;
- contain irrelevant statements;
- be defamatory; or
- promote illegal acts.
The attached Petition Form (PDF) or Petition Form (Word Doc) can be used as a template.
Timescale for Submission of Petitions
Petitions must be submitted two (2) business days before the meeting to allow Administration time to review. If the petition is submitted later than that, it will be included in the next meeting.
Who Can Sign a Petition
A Petition needs to have at least six (6) signatures to be accepted, however it will appear more representative of community feeling if it is signed by as many people as possible. Any adult can sign a Petition and signatories must sign for themselves except in cases of sickness and incapacity. Those who cannot sign their own name may make their mark. The signature and address of a witness should accompany this mark. Petitions of corporations may be made under their common seal.
Submitting a Petition
The Petition should be sent to the Chief Executive Officer, either in hard copy (PO Box 82, Leederville WA 6902) or electronically - mail@vincent.wa.gov.au.
All Petitions will be recorded and an acknowledgement letter will be sent to the person who lodged the Petition. Generally, an acknowledgement will not be sent to all signatories of the Petition.
What Happens After a Petition Has Been Presented?
Petitions, which comply with the requirements as set out above will be submitted to the next Ordinary Council Meeting. This involves reading the Petition (or a summary version) at the meeting. A report is then prepared by the City's Administration for the consideration of the Council. This normally takes 3-6 weeks.
More Information
If you have any queries about submitting a petition please contact the Executive Manager Corporate Strategy and Governance - 9273 6000 or email mail@vincent.wa.gov.au
To view the full requirements of a petition please see the City's Meeting Procedures Local Law 2008 clause 2.24.
Special Meeting of Electors
Request for a Special Meeting of Electors
Persons wishing to Petition the Council in respect to a matter specified under the Local Government Act 1995, including seeking a Special Meeting of Electors are strongly encouraged to contact the City's Executive Manager Corporate Strategy and Governance (9273 6000 or mail@vincent.wa.gov.au) for advice concerning the matter.
Special Meetings of Electors are prescribed by s5.28 of the Local Government Act 1995 which states:
"5.28. Electors' special meetings
- A special meeting of the electors of a district is to be held on the request of not less than -
- 100 electors or 5% of the number of electors - whichever is the lesser number; or
- 1/3 of the number of council members.
- The request is to specify the matters to be discussed at the meeting and the form or content of the request is to be in accordance with regulations.
- The request is to be sent to the mayor or president.
- A special meeting is to be held on a day selected by the mayor or president but not more that 35 days after the day on which he or she received the request."
Generally, the following procedures will apply to a Special Meeting of Electors
Documentation
1. This matter is prescribed by the Local Government Act 1995 (Sections 5.27-5.33) and Local Government (Administration) Regulations 1996 (Regulations 16-18).
2. Upon receiving of the required number of Electors on Form 1, the Mayor will convene a meeting - which must be held within 35 days of the receipt of the Petition. The meeting time, date and venue is required to be advertised on a local basis in a newspaper circulating in the City (e.g. community newspaper or The West Australian), a minimum of fourteen (14) days prior to the meeting date.
3. Only matters specified in the Electors' Petition can be discussed at the meeting.
4. Only Electors are entitled to vote at the meeting. Names and addresses will be checked upon arrival at the meeting. With the permission of the Presiding Member, non-Electors can speak (but not vote). Electors will be provided with an "Elector Voting Paper". Voting is not compulsory. All decisions are to be made by a Simple Majority of votes. Secret voting is not permitted.
5. Minutes of the Meeting will be kept and made available for public inspection, five (5) days after the meeting date.
Meeting Procedure
The meeting procedure is prescribed by Section 5.31 of the Local Government Act 1995 and Regulation 18 of the Local Government (Administration) Regulations 1996. The Presiding Member will Chair the Meeting, in accordance with Section 5.30(1) of the Act.
The following procedures will normally apply to the meeting (unless changed by the Presiding Member):
- Opening.
- Welcome and Introduction.
- Apologies.
- Business to be discussed - as stated in Form 1.
- Questions and Answers:
- Speakers to state their name and address.
- Maximum speaking time per person is three (3) minutes.
- Speakers "For" and "Against" alternatively / Consideration of Motions (if any).
- Close.
Consideration by the Council
Decisions made at a Special Meeting of Electors are required to be considered in accordance with s5.33 of the Local Government Act 1995, which states:
"5.33 Decision made at electors' meetings
- All decision made at an electors' meeting are to be considered at the next ordinary council meeting or, if that is not practicable -
- at the first ordinary council meeting after that meeting; or
- at a special meeting called for that purpose, whichever happens first.
- If at a meeting of the council a local government makes a decision in response to a decision made at an electors' meeting, the reasons for the decision are to be recorded in the minutes of the council meeting."
However, it should be noted that any decisions made at a Special Meeting of Electors are not binding on the Council.