A person may lodge a petition with the Council to request action to be taken on a matter.

A petition must comply with the relevant requirements of Part 6 of the Local Government Act 1993. Here is a guide to assist.

A template petition is available at this link Petition Template.

It is up to the person lodging the petition to ensure that the petition compiles with the requirements of the Local Government Act 1993.

If a petition does not comply with the requirements of section 57 of the Local Government Act 1993 then it cannot be tabled at a Council meeting according to section 58 of the Act.  You will be contacted by Council to discuss any issues of the petition compliance and whether you wish to rectify the issues to submit your petition.

Even if your petition does not comply, your issues will be dealt with by the Council as correspondence and responded to by Council Officers.

A petition can be a good way to communicate issues to Council on behalf of many residents and is usually a last resort.  If there is something that you want Council to do, it is always encouraged that you first contact Council firstly to understand more about the process involved or whether Council can assist with the problem. The best contact methods to receive a written response from Council are:

Send a letter to PO Box 210, Huonville TAS 7109

or

Send an email to hvc@huonvalley.tas.gov.au

The Process

Steps for lodging a petition

A person lodging a petition is to ensure that the petition complies with section 57 of the Local Government Act 1993.

For a paper petition, you must ensure there is:

  1. A clear and concise statement identifying the subject matter and action requested; and
  2. A heading on each page indicating the subject matter; and
  3. A brief statement on each page of the subject matter and the action requested; and
  4. A statement specifying the number of signatories; and
  5. At the end of the petition the full printed name, address and signature of the person lodging the petition.

For an electronic petition, you must ensure there is:

  1. A clear and concise statement identifying the subject matter and action requested; and
  2. A statement specifying the number of signatories; and
  3. At the end of the petition the full name and address of the person lodging the petition and a statement by that person certifying that the statement of the subject matter and the action requested, as set out at the beginning of the petition, has not been changed.

A person may lodge a petition with the Council by presenting it to a Councillor or the CEO.

What happens to your Petition?

A Councillor who has been presented with a petition is required to forward it to the CEO within seven (7) days after receiving the petition.

The CEO who has been presented with a petition or receives a petition from a Councillor is required to table the petition at the next ordinary meeting of the Council.

A petition will not be tabled if:

  • it does not comply with the above requirements; or
  • it is defamatory; or
  • any action it proposes is unlawful.

The CEO is to advise the lodger of a petition that is not tabled the reason for not tabling the petition within 21 days after lodgement.

Tabling of the petition means that the petition is presented to the Council and will be considered by Council at a later stage. The CEO is to give reasonable written notice to the person lodging the petition of when it is to be considered by the Council.

The Council is to record in the minutes of the meeting to which it is presented (tabled) the subject matter and number of signatories of the petition.

The Council is to determine any action to be taken in respect of the petition within 42 days after it has been tabled and the lodger of the petition will be advised of that decision.

Petitions and Development Applications

If your petition relates to a specific development application, you should consider making a representation under section 57 of the Land Use Planning and Approvals Act 1993.  A Council acting as a Planning Authority must make a decision in accordance with the Land Use and Planning Approvals Act 1993 and a petition may not impact or be relevant to a development approval decision.

If you would like your petition to be properly considered by Council as a Planning Authority in respect of a development application, a petition must be lodged as a representation during the advertising period for that development application.

Statutory Petitions

There are also formal statutory matters for which a petition can be made which includes requesting a public meeting, an elector poll, petitions in respect of Council’s intention to levy special rates as well as requests for the Minister to require the Local Government Board to carry out a specific review of the Council.

The categories listed below are the types of statutory provisions that can be lodged and the additional requirements that apply for lodgment of such petitions.

Request for Public Meetings or an Elector Poll

Refer to sections 59 and 60A of the Local Government Act 1993.

A petition may request that a Council hold a public meeting regarding the subject matter of the petition.

A Council must hold a public meeting if the petition complies with the requirements of section 57 of the Local Government Act 1993 and it is signed by whichever is the lesser of the following:

  • 5% of the electors in the municipal area;
  • 1,000 of those electors.

A petition that requests a public meeting is not to be made in respect of any matter relating to rates and charges, if those rates or charges have been made for the current financial year.

The CEO is to advise the person lodging the petition whether it complies with the requirements for a petition seeking a public meeting and give reasonable notice of when the Council is to consider the petition.

Within 42 days after the petition is tabled at a Council meeting the CEO is to advise the Council whether the petition complies with the requirements for a petition seeking a public meeting.

If the petition complies with the requirements for a petition seeking a public meeting, or the Council otherwise resolves to hold a public meeting regarding the subject matter of the petition, the Council is to hold a public meeting to discuss the subject matter of the petition within 30 days of the petition being discussed at the Council meeting.

Before holding a public meeting for a petition subject matter, the Council is to give notice –

  • stating the date on which, and the time and place at which, the public meeting is to be held; and
  • stating the details of the subject matter; and
  • inviting written submissions in relation to the subject matter to be lodged with the CEO.

A copy of the notice is to be published on at least two occasions in a daily newspaper circulating in the municipal area; and sent to the person who lodged the petition.

A submission must be lodged within 21 days after the first publication of the notice.

Any submission received is to be summarised by the CEO in a document, copies of which are to be made available to those attending the public meeting.

The minutes of the next ordinary meeting of the Council following the public meeting are to record a summary of any submission received under this section; and any decision made at the public meeting.

Council may hold a public meeting on its own motion on any matter it considers appropriate.

Request for an Elector Poll

Refer to Sections 60B-60E of the Local Government Act 1993.

Following a public meeting a petition may request an elector poll.

The Council must hold an elector poll if:

  • a petition requesting the elector poll is received within 30 days after the public meeting is held in relation to the same subject matter as that contained in the petition requesting that public meeting; and
  • the petition is signed by at least 5% of the electors in the municipal area or 1000 of those electors, whichever is the lesser; and
  • the petition complies with section 57(2) of the Local Government Act 1993.

If the person who lodged the petition agrees to an elector poll being held in conjunction with the next ordinary election; or a petition requesting an elector poll is received within 60 days before the notice of election for the next ordinary election then the elector poll may be held in conjunction with that next ordinary election.

An elector poll is to be –

  • held within 60 days after the receipt of the petition, except if held at the next ordinary election as provided above; and
  • held for the whole municipal area; and
  • conducted as determined by the Electoral Commissioner or any other person authorised by the Council.

An elector poll held in conjunction with an election is to be conducted as determined by the Electoral Commissioner.

A matter which is the subject of an elector poll is to be decided by a simple majority of the formal votes cast.

The CEO is to ensure that the result of an elector poll is published in a newspaper circulating in the municipal area.

A further elector poll on the same issue is not to be held until after the next ordinary election.

A Council is to discuss the result of an elector poll at its next ordinary meeting.

The result of an elector poll is not binding on a Council.

Council may hold an elector poll on its own motion on any matter it considers appropriate.

Separate Rates

The Council may make a separate rate or separate charge in respect of land, or a class of land, within a part of its municipal area under Division 5 of Part 9 of the Local Government Act 1993.

The separate rate or separate charge may be made –

  • in addition to any other rates or charges; and
  • in respect of a financial year or part of a financial year; and
  • for the purpose of planning, carrying out, making available, maintaining or improving anything that in the Council’s opinion is, or is intended to be, of particular benefit to the affected land; or the owners or occupiers of that land.

Ratepayers affected by the intention of the Council to make a separate rate or separate charge may lodge a petition to the Council in accordance with the general requirements for petitions above within 30 days of the date on which a notification is made in a newspaper under that notification is given of an intention to make a separate rate or charge.

If at least 100 affected ratepayers or at least 10% of affected ratepayers, whichever is the lesser, present a petition, the Council must arrange a public meeting to discuss the issues involved.

The Council must consider any submission, petition or results of a public meeting before deciding

  • whether or not to make a separate rate or separate charge; or
  • the area to which the separate rate or separate charge is to apply; or
  • the amount of the separate rate or separate charge; or
  • the period during which the separate rate or separate charge is to apply.

Local Government Board Review

Under section 214(2)(c) of the Local Government Act 1993 upon received of a compliant petition containing signatures of at least 20% of the electors in the municipal area, the Minister for Local Government may require the Local Government Board to carry out a review of a Council in relation to one or more of the following:

  • the governance and operations of a council;
  • the boundaries of the municipal area and any electoral district;
  • the naming of the municipal area, council and electoral district;
  • the declaration of a municipal area or part of a municipal area as a city;
  • the naming, or changing of the name, of a city;
  • the creation or abolition of a municipal area or electoral district;
  • the division of the municipal area into electoral districts;
  • the combining of 2 or more municipal areas, parts of 2 or more municipal areas or 2 or more electoral districts;
  • the creation or abolition of councils;
  • the election of councillors of a municipal area;
  • the total numbers of persons to be elected as councillors of a municipal area or in respect of each electoral district;
  • any other factor;
  • any matter referred to it by the Minister.

A petition requesting review of Council must comply with section 57 of the Local Government Act 1993.

Also in Council Governance