Circulars

What’s new or changing

• Councils are reminded to inform the NSW Electoral Commissioner (NSWEC) if they have resolved for the NSWEC to administer a constitutional referendum or poll in conjunction with the September 2021 local government elections.

What this will mean for your council

• Under section 16 of the Local Government Act 1993, a council must obtain the approval of its electors at a constitutional referendum to do each of the following:
  • divide a council area into wards or abolish wards
  • change the number of councillors
  • change the method of electing the mayor
  • change the method of election for councillors where the council’s area is divided into wards.

Key points

• Councils should notify the NSWEC as soon as possible if they wish to enter into an arrangement for the administration of a referendum or poll.
• If a council resolves that a constitutional referendum or poll is to be conducted, it must comply with the notification requirements contained in Schedule 10 of the Local Government (General) Regulation 2005.
• Any changes approved at a referendum will come into effect at the September 2024 local government elections.

Where to go for further information

• For councils considering, or that have resolved to have the NSWEC conduct a constitutional referendum or poll, contact Steve Robb at the NSW Electoral Commission on telephone 9290 5431 or Steve.Robb@elections.nsw.gov.au.
• See the attachment to this Circular for further information.

Tim Hurst
Deputy Secretary
Local Government, Planning and Policy