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2008 Local Government Elections

The Associations have uncovered numerous examples of rising costs and serious issues of the NSW Electoral Commission (NSW EC) conducting the Local Government elections. The Associations maintain that the NSW EC should be just as accountable as member councils and requested Premier Rees to refer certain matters for an Inquiry. The Premier granted our request, and an Inquiry to be undertaken by the Joint Standing Committee on Electoral Matters was announced on 2 March 2009.

Download Request_inquiry.pdf Letter to Premier Rees requesting Inquiry (145KB)

Download Response_from_Premier_to_Inquiry.pdf Letter from Premier Rees granting Inquiry (183KB)

Submissions for the Inquiry were requested by the Committee, and closed on 13 May 2009.

It is expected that the Committee will call upon the Associations to give evidence upon commencement of the public Inquiry.

The Associations position

Well before the 2008 elections the Associations and its members raised serious concerns in relation to the way in which both the costs and conduct of the elections were being dealt with by the New South Wales Electoral Commission (NSWEC) to the extent that both Associations discussed the issues and passed resolutions at their respective annual conferences.

At the 2007 Annual Local Government Association Conference it was resolved:

That the Association:

  1. Deplores the significant and unsubstantiated cost increases advised to Councils for the 2008 Local Government elections over the cost of the 2004 elections;
  2. Encourages Councils to meet individually with the NSW Electoral Commissioner to seek review of and adjustments to these costs;
  3. Calls for the return of any revenue from fines, to the area in which the fines were incurred.
  4. Expresses its concern to the Treasurer and the NSW Government at their full cost recovery model for Local Government elections within which Councils are expected to fund a state monopoly provider with little or no capacity to manage or influence costs;
  5. Calls on the NSW Government to enter into negotiations with a view to formulating an agreed scheme and complementary legislative amendments, allowing Councils to conduct their own elections if they so wish; and
  6. Calls on the Federal Government to recognise that Local Government elections are integral to the democratic process and fund all elections from taxation revenue.

The Annual 2008 Shires Association Conference resolved:

That the Shires Association:

  • Abhors the State Government policy of using the Electoral Commissioners monopoly to extort money from the people of NSW which could otherwise be used to fund basic services and vital community infrastructure.
  • Advise the NSW Electoral commission that councils will pay a maximum amount based on 2004 costs plus cumulative CPI.
  • That the Association's submit the costs to independent assessment by IPART.
  • The 2008 Annual Local Government Association Conference resolved:
  • That the Local Government Association request the Electoral Commission to undertake:
  1. A review of the application of a consistent approach, for all elections in relation to the definition of a polling place and the minimum distance that candidate workers are required to be from all polling place entrances.
  2. An enquiry into the length of time taken to determine local government elections.
  3. That the Local Government Association request the federal government to review the tax deductible allowance applicable to campaign expenses for candidates in LG elections to bring it into line with the allowance for candidates in the State and Federal elections.
  4. That all polling booths should be created within the council area unless there be exceptional circumstances.
  5. That the local government association ask for an independent review to be undertaken in regards to the costings and conduct of the 2008 local government elections.
  6. That the following issues be raised with the NSW Electoral Commission:
  • Recycling of ballot papers;
  • Education and advertising;
  • Declared institutions;
  • Delays in refund of monies;
  • Training of returning officers and polling booth staff;
  • Scrutineering involvement;
  • Rigidity of names on ballot papers;
  • Incorrect and absence of voters on electoral roles;

Many of the issues raised as a result of these conference resolutions remain unresolved.

Transparency and flow of information from the NSW Electoral Commission

The Associations have requested information from the NSW EC on numerous occasions. Some of these attempts have proved fruitless, and a number of applications under the FOI Act were made to obtain resolutions to questions the Associations asked.  

The Associations were informed that a performance review undertaken by the Department of Premier and Cabinet(DPC) Council on the Cost and Quality of Government Information was undertaken along with an Independent review. Both of these reports were granted under the FOI Act and can be found following the links below:

Download Local_Government_Election_Pricing_Final_Z_report.pdf Independent Review of NSW EC pricing (176KB)

Download Performance_review_-_NSW_EC.pdf Performance Review - NSW EC (584KB)

You may note, the Independent Review came following advice to Councils that suggest the independent audit report had been both commissioned and completed by June 2007. The Walterturnbull report at page 1 however outlines that a "review was completed during March, April and July 2008"

Further, the Associations requested information regarding the issue of penalty notices to electors, asking the NSW EC for advise on the following:

  • the number of penalty notices issued as a result of the 2008 local government elections;
  • the total dollar sum of the penalty notices;
  • the amount of revenue received to date; and
  • who is the final beneficiary of money to be collected as a result of the issuing of the penalty notices.

This request was not met by the Commissioner who states:

"Most of the information you have requested will be available in our Report on the Conduct and Administration of the 2008 Local Government Elections which will be the basis of our submission to the current inquiry being held by the New South Wales Joint Standing Committee on electoral matters."

2008 Local Government Elections - Final Expenses  

The Associations have received documentation from the NSW Electoral Commission (NSW EC) regarding the final expenses of the 2008 Local Government elections following an application under the Freedom of Information Act. To view, please download the Excel Spreadsheet below:

Download Final_expenses_-_NSW_EC.xls Final Expenses NSW (92KB)

The Inquiry

The Associations have made a lengthy submission to the Inquiry, and are awaiting for further advice from the Committee.

A number of submissions have been made to the Inquiry, which have now been published by the Committee. For further reference, these submissions, including the Associations are available on the NSW Parliament website or by following the link: http://www.parliament.nsw.gov.au/Prod/parlment/committee.nsf/V3ListSubmissions?open&ParentUNID=7481444A850D310BCA25758300129128 .

For further information, please contact Skye Smith, 02 9242 4052 or skye.smith@lgsa.org.au

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