To Poll or Not To Poll?

The Government has configured all but the G7 (western suburbs) proposal in a way that it claims takes the Dadour Amendment out of play. 

The Dadour poll provision in the Local Government Act states that the poll provision is triggered "Where the Advisory Board recommends to the Minister the making of an order to abolish 2 or more districts" - but the Act does not define 'abolish'.

Nor does the Interpretation Act 1984 define 'abolish'.

My understanding is that in such circumstances, the next recourse is to the Minister's Second Reading speech in Parliament. 

The original Dadour Amendment had its second reading as a Private Member's Bill in the Legislative Assembly on 2nd May 1973 (http://www.parliament.wa.gov.au/Hansard/hansard1870to1995.nsf/vwMainBackground/19730502_Assembly.pdf/$File/19730502_Assembly.pdf, pp1300-1302, but, as is so often the case with Private Members' Bills, lapsed. In his second reading speech for the Bill, Tom Dadour said: "The Bill provides that the recommended union [0f two or more municipalities] be approved by a referendum conducted within the preceding 12 months in each municipality involved in the proposed union. Further, the Bill provides for a poll of at least 40 per cent of the enrolled electors"

The poll provision was incorporated, with slightly different provisos and in rather tortuous legalese, in the Local Government Amendment Act, 1975 (http://www.slp.wa.gov.au/pco/prod/FileStore.nsf/Documents/MRDocument:9327P/$FILE/LoclGovActAmAct1975_00-00-00.pdf?OpenElement).

But the key to today's situation is the Local Government Act 1995 (http://www.slp.wa.gov.au/pco/prod/FileStore.nsf/Documents/MRDocument:6744P/$FILE/LoclGovAct1995_00-00-00.pdf?OpenElement) which is where the undefined term 'abolish' comes in. 

In his second reading speech in the Legislative Assembly (http://www.parliament.wa.gov.au/Hansard/hansard1870to1995.nsf/vwMainBackground/19950831_Assembly.pdf/$File/19950831_Assembly.pdf, pp7547 - 7553), the then Minister for Local Government said:

"The Bill includes also provisions for the use of polls, including indicative polls to evaluate community attitudes and binding polls by which the advisory board recommends the amalgamation of two or more districts. The provision for binding polls on amalgamations reflects the high degree of community concern about such issues."

This statement is of relevance here for two reasons:

- First, there is no mention of abolition or one council taking precedence over another.

- Second is the then-Minister's acknowledgment of the "high degree of community concern" about amalgamations and  his specific mention of "the provision for binding polls on amalgamations".