Local Government elections and by-elections are conducted in a legal environment in accordance with the provisions of the Local Government 1993 and the Local Government (General) Regulation 2005.
The NSW Electoral Commission (NSWEC) is responsible for the conduct of all Local Government elections to ensure that the elections are conducted independently and impartially.
An independent Returning Officer is appointed by the NSWEC to each council area to conduct the election on behalf of and under the direction of the Electoral Commissioner.
The Electoral Commissioner appoints the polling places for council elections and the Returning Officer appoints the election officials.
Each council is required by law to meet the costs of the conduct of its election. The NSWEC works with each council to establish agreed service levels.
All residents of Byron Shire are entitled to vote at the local government elections if they are registered on the electoral roll and voting is compulsory. Electors enrolled for Federal and State elections are automatically enrolled for their local Council area.
Certain non-resident ratepayers are entitled to vote in local government elections. Byron Shire Council prepares and maintains a non-resident ratepayers’ roll for the statutory period associated with a scheduled Local Government election.
The Local Government Act 1993 (Section 299) provides that the non-resident ratepayer roll lapses after each election, including by-elections, and the roll is prepared specifically for each election. The roll is not maintained between elections.
The opening of the roll must be advertised 60 days before the closing of the roll; ie 6 June 2008. Past practice has been to advertise the opening of the roll prior to the election in accordance with Clause 280 of the Local Government (General) Regulation 2005, inviting claims for inclusion on the roll for that election. Applications must be made on the prescribed form.
Inclusion on the non-resident ratepayer roll entitles a person to vote in the election, but application must still be made for a pre-poll or postal ballot to exercise that right if not physically voting at a polling booth in the Council area on election day.
For information on State Elections visit the NSW Electoral Office website.
For information on Federal Elections visit the Australian Electoral Commission website.