Under the Local Government Act 1993 (‘the Act’), a Local Government Electoral and Boundaries Review Commission is set up whenever:

• the Minister for Local Government and Planning issues a reference for a review of a local government’s internal or external boundaries, or the local government’s composition, to the Electoral Commissioner; and

• a local government applies to the Electoral Commissioner for a change to its external boundaries.

The Electoral Commissioner is always either one of the members of a Local Government Electoral and Boundaries Review Commission, or the Electoral Commissioner alone constitutes the Commission. Part time Review Commissioners are appointed to a standing panel by the Governor-in-Council, and the Electoral Commissioner can select Review Commissioners to partly constitute a Local Government Electoral and Boundaries Review Commission. As at May 2005, the Review Commissioners were:

Vincent Corbin Ross Miller Keith Grantham Margaret Henn Alexander Brands Barry Fitzhenry Sandra Moffat Ynes Sanz Rodney Towner  Pamela Goodman David Read Christopher White

Ross Overton Maryann Andersen Colin McDowall Julie Michael Paul Brockwell Christopher Schomburgk John Brady Ann Collins Keith Noble James Gott Noel Playford Susanne Haydon

REASONS FOR A LOCAL GOVERNMENT REVIEW

The Minister for Local Government and Planning can issue a reference to the Electoral Commissioner of his or her own volition. Alternatively, a local government may request the Minister to issue such a reference if, for example, the local government is undivided and it wishes to be divided, or if it wants to change its composition by reducing the number of its councillors.

REDRAWING OF DIVISIONAL BOUNDARIES FOR DIVIDED LOCAL GOVERNMENTS

If a local government’s area is divided, the Act requires each division to be within ‘quota’. The ‘quota’ is worked out by dividing the total number of electors in the local government area by the number of councillors. The Act provides that if a divided local government area has more than 10,000 electors, then each of its divisions can only deviate from this quota by plus or minus 10 per cent. If a divided local government area has less than 10,000 electors, then each division can deviate from the quota by plus or minus 20 per cent.

Brisbane City Council is required under the Act to advise the Minister for Local Government and Planning, by 1 October in the year that is two years before the year of the quadrennial local government elections, either that when the election is in year 2004 and every 8 years after that, if more than one-third of its 26 wards (i.e. 8) are out of quota or in year 2008 and every 8 years after that, if more than one ward is out of quota.

All other divided local governments must advise the Minister by 1 March in the year before the year of the local government quadrennial elections, either that when the election is in year 2004 and every 8 years, whether more than one-third of its divisions are out of quota or in year 2008 and every 8 years that, if more than one division is out of quota.

If the Minister is advised that a local government’s divisions are out of quota, the Minister must issue a reference to the Electoral Commissioner requiring a Local Government Electoral and Boundaries Review Commission to redraw the local government’s internal boundaries and place the divisions back in quota before the next local government quadrennial elections.

The new internal boundaries for a local government's area take effect at the next local government elections.

TYPES OF LOCAL GOVERNMENT REVIEWS

There are four types of local government boundary reviews dealt with by Local Government Electoral and Boundaries Review Commissions. They are:

1. Special References: Special References always involve a possible change to the internal (Ward) boundaries of the Brisbane City Council. The Minister issues a reference to the Electoral Commissioner and a Local Government Electoral and Boundaries Review Commission is formed. The review is a detailed process involving public consultation and public comment on the Commission’s proposals. For a special reference, the members of the Commission are appointed by the Governor-in-Council but the Act specifies that, apart from the Electoral Commissioner (or Deputy Commissioner), one member must be a judge or retired judge and the other member must be the chief executive of a government department.

2. Major References: The Minister issues a reference to the Electoral Commissioner and a Local Government Electoral and Boundaries Review Commission is formed. The review process is a detailed one involving appropriate inquiries by the Commission and public comment on the Commission’s proposals.

3. Minor References: The Minister issues a reference to the Electoral Commissioner and a Local Government Electoral and Boundaries Review Commission is formed. The review process includes appropriate inquiries by the Commission and public comment on the Commission’s proposals, although minor references are less involved than major references. How a major or minor reference is categorised will depend on the complexity of the issue and, possibly, the area of the local government under review.

4. Limited Boundary Reviews: Under the Act, local governments may apply directly to the Electoral Commissioner for a change to their external boundaries. The local governments concerned and all affected landowners must agree to the change. No public comment is required. The Electoral Commissioner determines the matter in his or her capacity as the sole member of the Local Government Electoral and Boundaries Review Commission.

How to obtain a copy of the Commission’s reports

Copies of the reports by Local Government Electoral and Boundaries Review Commissions can be viewed at the Electoral Commission of Queensland.