Representation Review

This is the first consultation in the Representation Review process. Following this consultation, the Council will review the feedback received and determine its preferred model of representation.

A further consultation will then be conducted on Council’s preferred model. It is important to have your say now so that your feedback is considered by Council when determining the preferred model.

Any changes to representation and wards will be in place for the November 2022 Local Government Elections.

In accordance with section 12 of the Local Government Act 1999, a Representation Review is required to consider the composition of the Council and the advantages and disadvantages of the options that are available for elector representation under the Act. The key areas for consideration are:

• election or appointment of the Principal Member (Mayor/Chairperson);
• the number of councillors;
• how councillors are elected – from wards, across the whole of the Council area or a combination of both;
• whether the Council should have wards or no wards; and
• the name of the Council and the wards (if any).

A council must ensure that all aspects of the composition of the council, and the issue of division or potential division, or the area of the Council into wards, are comprehensively reviewed.

Council is reviewing its composition and structure as part of its Representation Review. This includes reviewing whether the council area should be divided into wards and if so, how many wards should Council have? It also includes reviewing the number of councillors in each ward and in total.

Five different options are proposed for your consideration and you can always propose other options on how the council can best represent its community. All options below exclude the Mayor.

Mayor or chairperson?

The Council can have either a mayor elected by the community, or a chairperson elected by and from the councillors.

The roles and responsibilities of a mayor and a chairperson are identical in all respects; however there are differences in their election/ selection and their voting rights in chamber.

A mayor is elected by the community for a period of four years and, as such, provides continuous community leadership for the term of a council.

By contrast, a chairperson is chosen by (and from among) the elected members of Council for a term of one to four years (as determined by Council).

Our Council has had a directly elected mayor for over 60 years. The option to have a mayor or chairperson may only be for the short term as there is a Bill before the Parliament which proposes to remove the option of having a chairperson.

Option 1 - Current structure of 6 wards, 12 councillors

This has been Council’s ward structure for the past 60 years. The level of representation under this model is equal across the wards. The retention of this ward structure may only be for the short term as there is a Bill before the Parliament which may require Council to consider reducing the number of councillors to a maximum of 12 members (including the mayor).

If this ward structure is selected, Council may need to undertake a further representation review prior to the 2026 election to reduce the number of councillors.

Option 2 - No wards

The Council area can be represented by councillors who are elected by the whole community, not just a smaller area (ward). This reduces the need to maintain ward boundaries which divide the community into areas based solely on the distribution of elector numbers*.

The Council can have any number of councillors in this option.

Option 3 - 5 wards, 10 councillors

This structure would divide the council into 5 wards, with each ward being represented by 2 councillors. There is equal representation of electors* in each ward and this option allows for any future property development and population growth.

The boundaries of the proposed wards align with current suburb boundaries.

Option 4 - 3 wards, 9 councillors

This structure would divide the council into 3 wards, with each ward being represented by 3 councillors. There is equal representation of electors* in each ward; the area within the wards are equal and this option allows for any future property development and population growth.

The boundaries of the proposed wards align with current suburb boundaries.

Option 5 - 4 wards, 8 councillors

This structure would divide the council into 4 wards, with each ward being represented by 2 councillors. There is equal representation of electors* in 3 wards, and less electors in 1 ward (in the Eastwood-Glenside area) to allow for the continuing significant housing development in this area.

The boundaries of the proposed wards align with current suburb boundaries.

Ward Names

Currently the Council names its wards after some of the suburbs contained within each ward. This can be confusing as there are 28 suburbs in the council area. This review provides an opportunity for the Council to consider new names for each ward. The name of a ward can be a compass point, number, letter or a name that is significant to the council area. Please feel free to suggest some names for consideration.

* electors - the number of people who have the right to vote in the local government election

Councils in South Australia are required to undertake regular reviews of their elector representation arrangements.

The City of Burnside undertook its last Representation Review during the period 2012/2013 and the minor changes to the ward boundaries were implemented at the 2014 Local Government elections.

The process for the Representation Review requires Council to undertake the following steps:

1. Initiate the preparation of a Representation Options Paper (you can find this paper in the Document Library), by a person who, in the opinion of the Council, is qualified to address the representation and governance issues that may arise with respect to the matters under review;
2. Conduct the first round of public consultation on the Paper pursuant to section 12(7) of the Act. Consultation must be open for a minimum period of six (6) weeks;
3. Consider the submissions made during the first public consultation and prepare a Representation Review Report that details the representation arrangements it favours, the reasons why and respond to issues raised during the first consultation;
4. Conduct the second round of public consultation, providing an opportunity for people making submissions to be heard personally or through a representative on the Representation Review Report, by either the Council or a Committee of the Council. Consultation must be open for a minimum period of three (3) weeks with opportunities for verbal submissions to follow;
5. Adopt a representation structure;
6. Prepare the final Representation Review Report;
7. Submit the final Representation Review Report to the Electoral Commissioner of South Australia (ECSA) to obtain a certificate of compliance. If the certificate of compliance is not provided, the Council will be required to undertake further actions to meet the ECSA’s requirements; and
8. Place a notice in the Gazette providing for the operation of any proposal in the final Review Report for which the ECSA has provided a certificate of compliance.
9. If the Council wishes to adopt a representation structure that changes the composition of the Council, or to appoint a Chairperson instead of an Elected Mayor, a poll must be held on that aspect of the Representation Review.

Any changes as a result of the Representation Review will be implemented for the next periodic election to be held in November 2022.

The Representation Review Report must take into account the principles set out in section 26 of the Local Government Act 1999, namely:

• that any changes to the Council’s representation should benefit ratepayers;
• arrangements should reflect communities of interest, values and aspirations and avoid significant dislocation within the community;
• encourage local community participation in decisions about local matters; and
• provide effective local governance and foster co-operation with other councils.

Section 33 of the Local Government Act also needs to be considered as it requires the Council to consider the need to ensure adequate and fair representation while at the same time avoiding over-representation in comparison to other councils of a similar size and type.

For over 60 years, the Council has had an elected Mayor and 12 councillors representing 6 wards.

The council area is currently divided into 6 wards, with each of the wards being represented by two councillors (a total of twelve councillors). The current names of the 6 wards are: Beaumont, Burnside, Eastwood and Glenunga, Kensington Gardens and Magill ward, Kensington Park and Rose Park and Toorak Gardens.

The Mayor is the thirteenth and principal member of Council. 

The current structure, which was adopted by Council at the previous elector representation review in 2012/2013, came into effect at the periodic Local Government elections in November 2014.

Council is required to take the following matters into account in conducting the Representation Review:

• Demographic trends;
• Population data and projections;
• Communities of interest; and
• Elector representation and ward quotas.

A councillor is paid an annual allowance of $ 18,100¹ (indexed annually) plus the Council provides each member a tablet device, and other facilities to undertake their role in accordance with the Elected Members’ Allowances and Benefits policy. 

The Mayor is paid an annual allowance of $72,400¹ (indexed annually) plus the Council provides a tablet device, and other facilities to undertake their role in accordance with the Elected Members’ Allowances and Benefits policy.

¹ The allowance is for the period 9/11/2020 – 8/11/2021

An elector is a person or body who is either enrolled on the House of Assembly electoral roll (used for state and federal elections) or has applied to be on the Council’s Voters Roll. The Council’s voters roll allows:

• a resident or a non-Australian citizen who has lived at your residential address for one month or more, or
• an owner of an organisation or business, or
• an owner of a holiday home, or
• a sole owner, or group of owners, of a rateable property, or
• a sole occupier, or group of occupiers, of a rateable property, or
• a landlord of rateable property.

to apply to be on the Council’s Voters Roll and will receive ballot materials when an election is held.

To be included on the Council’s Voters Roll for the 2022 election eligible persons and groups will need to apply after 1 January 2022 to the close of rolls using the forms available on council’s website.

The SA Government has proposed a number of significant changes to the Local Government Act 1999, in the Statutes Amendment (Local Government Review) Bill 2020 (Bill). These changes include changes to the provisions relating to how council conducts a Representation Review, removes the ability for a council to appoint a Chairperson and seeks to cap the total number of Council Members to 12, which includes the Mayor.

This Bill is still currently before parliament, and is subject to further amendment, and if passed by the upper and lower houses of parliament unchanged, will require the council to reduce its current membership to be at or under the proposed membership cap by the 2026 Council election. If the council does not reduce its membership at this representation review to be under the cap, it will be required to undertake a further Representation Review prior to the 2026 election.

The Representation Review is expected to cost the council $30,000. This includes the preparation of the two consultation reports, costs of the statutory notices in the SA Government Gazette and in a newspaper circulating in the council area and all consultation activities.