The poll provisions and local government reform in Western Australia

The local government system in Western Australia has two unique characteristics. It is the only state in Australia where there has not been significant reform of the sector. In addition, it is the only state where legislation contains binding provisions for a poll of electors on local government amalgamations. It would be reasonable to conclude that these two characteristics are linked. Referenda – the holding of a direct vote on a specific issue – are in common use around the world at every level of government, with the June 2016 Brexit poll being a well-known example. A distinction might be made between mandatory referenda, such as those provided for under certain circumstances in Western Australia’s Local Government Act 1995, with conditions to be met for a binding result, and optional referenda, initiated by local government, which are non-binding and indicative, possibly assisting local government decision making. Further, reference might be made to the ‘popular referendum’, where the means is provided for a petition signed by a certain minimum number of registered voters to force a public vote, a form of direct democracy (Wikipedia, 2016; ACE, 2016). Although Western Australia is the only state in Australia with legislation provisions governing a binding elector’s poll on local government amalgamations, there are poll provisions in place in New Zealand (Local Government Act 2002, schedule 3) and in some parts of Canada (such as in British Columbia: Local Government Act 1996, s8). This article looks at the history and effect of the poll provisions in Western Australia, and considers the question as to whether the poll provisions have impeded structural reform of the local government sector in the state