This is the personal blog of Ian Ker, who was Councillor for the South Ward of the Town of Vincent from 1995 to 2009. I have been a resident of this area since 1985. This blog was originally conceived as a way of letting residents of Vincent know what I have been doing and sharing thoughts on important issues. I can now use it to sound off about things that concern me.

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Tuesday, November 18, 2014

Tony Simpson: Give Us Our Rights

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This letter will be presented to the Minister for Local Government at 1pm today on the step of Parliament House (except that we have been told he won't deign be there to meet with us) calling on him to rectify irregularities: 

(a) in the Local Government Advisory Board process, in that it has not informed Vincent and Perth residents of their right to request a poll under the Local Government Act (Schedule 2.1, clause 8, subclauses (1) and (2)).

Schedule 2.1, Clause 8, subclause (1) clearly states that where the Board recommends the abolition of two or more districts and their amalgamation into one or more districts, the Board shall give notice to affected local governments and affected electors. Subclause (2) states that this notice shall inform affected electors of their right to request a poll under subclause (3) within one month of the issuing of the notice.
The LGAB has not issued any such notice in respect of its recommendation of Proposal 16 (Perth/Vincent) despite its meeting the criteria and despite its recommendation being worded identically to that for South Perth/Victoria Park, for which it has issued such a notice.
(b) in his purporting to make decisions on LGAB recommendations under which electors have the right to call a poll before such poll process has been concluded.

The Local Government Act clearly makes the right to a poll contingent upon the recommendation of the LGAB not on any purported response to that recommendation by the Minister. Since such a poll may bind the Minister, he cannot make a decision in advance of the results of any such poll being known.

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