Your Rights - Your Power (The Dadour Amendments)
You currently have rights that allow you to stop changes to your Local Government (Council, Shire or Town etc). These rights are around any amalgamations of councils. These rights are often referred to as the 'Dadour Amendments' (see page 337 of the Local Government Act 1995). (This is a summary to the best of my understanding, I'm not a lawyer so check this all out for yourself by reading the Act.)
What this means
A simple animation for those who need something a bit more interesting.
These rights give electors in a local government area the ability to stop an amalgamation if they feel it is not in their best interest. These rights were hard fought when we got them in 1975. (Thank a great bloke call Dr Tom Dadour).
Because of these rights, the people who are directly affected by a change have a real ability to say no. Change can be good, but this law stops change for change's sake. (Which is especially good if you are stuck paying for it).
Because of these rights, the people who are directly affected by a change have a real ability to say no. Change can be good, but this law stops change for change's sake. (Which is especially good if you are stuck paying for it).
How it works
An amalgation of two or more Councils is declared
- Where two or more districts are to be abolished and amalgamated into one;
- Notice must be given to the electors of the districts of the ability to call a poll.
Triggering a poll (to have your say)
- Within one month after the notice;
- If 250 electors or 10% of the electors (whichever is less) of an affected Local Government area demand a poll;
- Then a poll of electors in the affected districts must occur.
Having a poll (to make your decision)
- A poll is held
- For the results of the poll to matter;
- At least 50% of the electors of an affect Local Government area vote;
- Of those 50% who vote, if a majority vote against the amalgamation;
- Then the Minister for Local Government must reject the changes
What is changing?
The current Minister for Local Government (Tony Simpson) and the Premier (Colin Barnett) have not been clear as to what the exact changes to the Local Government Act are, but it is safe to assume, based on what they have been saying, that they are planning to strip away or at least reduce these rights.
The Local Government Minister, Tony Simpson indicated that these rights will be removed or reduced. Laws are expected to be introduced in October 2013 to parliament.
UPDATE: 4 November 2013 - The Government decided not to make changes to the Dadour Amendments. See 'How you can help' for more information.
The Local Government Minister, Tony Simpson indicated that these rights will be removed or reduced. Laws are expected to be introduced in October 2013 to parliament.
UPDATE: 4 November 2013 - The Government decided not to make changes to the Dadour Amendments. See 'How you can help' for more information.
A bit of history
Interesting words spoken when these rights were created ('The Dadour Amendments') in 1975
"I consider that boundary changes are more likely to be achieved by negotiation. and this is the aim of the amendmenit. Previous efforts to force boundary changes have generally been unsuccessful and I contend that people prefer to be led than to be pushed. This is
what we are endeavouring to achieve with this legislation.
I believe it is preferable to have a variety of councils. At one time it was considered desirable to have councils of a similar size,
but I believe councils of a variety of sizes Provide a very good opportunity to assess the efficiency and viability of individual
councils. Not one member of the Opposition has put forward tonight an argument that any Particular council is not viable..."
"The previously contemplated change in respect of forced amalgamations, which seem to be advocated by members opposite.
would cause turmoil, uncertainty, and certainly loss of efficiency within local authorities. It has been most rewarding to me to observe the stimulation afforded to councils by virtue of the fact that they know they have a secure future at the moment. Of course, if amalgamations were carried to the extreme, local government would be destroyed. I support the findings of the Johnston Royal Commission in 1974
which stressed the importance of community interest..."
Mr Rushton (Dale - Minister for Local Government) Hansard 29 April 1975 page 1262
what we are endeavouring to achieve with this legislation.
I believe it is preferable to have a variety of councils. At one time it was considered desirable to have councils of a similar size,
but I believe councils of a variety of sizes Provide a very good opportunity to assess the efficiency and viability of individual
councils. Not one member of the Opposition has put forward tonight an argument that any Particular council is not viable..."
"The previously contemplated change in respect of forced amalgamations, which seem to be advocated by members opposite.
would cause turmoil, uncertainty, and certainly loss of efficiency within local authorities. It has been most rewarding to me to observe the stimulation afforded to councils by virtue of the fact that they know they have a secure future at the moment. Of course, if amalgamations were carried to the extreme, local government would be destroyed. I support the findings of the Johnston Royal Commission in 1974
which stressed the importance of community interest..."
Mr Rushton (Dale - Minister for Local Government) Hansard 29 April 1975 page 1262
"I might say it is rare that a Minister should give away so-called power. The reason It is being done in this way is to enable us to recognise local government for what it is, and It Is encouraging to local government to give it greater autonomy and to give the ratepayers a say.
I feel there is no need for me to answer the charges made because they have no basis, I think the giving away of powers indicates strength, as distinct from trying to acquire greater power and dictatorship of decision. it is desirable that people should be able to participate in decisions."
Mr Rushton (Dale - Minister for Local Government) Hansard 29 April 1975 page 1263
I feel there is no need for me to answer the charges made because they have no basis, I think the giving away of powers indicates strength, as distinct from trying to acquire greater power and dictatorship of decision. it is desirable that people should be able to participate in decisions."
Mr Rushton (Dale - Minister for Local Government) Hansard 29 April 1975 page 1263
Authorised by Jeremy Mowe, 241 Rokeby Road, Subiaco 6008