Mr McCARTHY - 1997-12-02
The minister will be aware that a by-election was held to elect one new member to the Cox Peninsula Community Government Council on 9 August this year. Approximately 15% of the votes taken on the day were from persons not on the electoral roll, but were supported by statutory declarations. These votes were counted immediately following the close of voting, without verification and against the objections of scrutineers. The poll was declared immediately following the count, with the successful candidate holding a margin of just 2 votes or 1% of the total.
Complaints made to the Chief Electoral Officer drew the response that the votes were accepted under the provisions of clause 27 of the Cox Peninsula Community Government Scheme and, as the poll had been declared, no further action would be taken. My reading of clause 27, while noting some ambiguity, does not lead me to the conclusion that the decision to accept the votes was the correct or appropriate one. Given the potential for injustice in the decision and the council’s wish to have the offending clause clarified, will the minister undertake to expedite an amendment to the scheme to ensure that this procedure is not followed in counting votes for the council’s general election in 1998?
ANSWER
Madam Speaker, following the by-election, there were media reports about some unease concerning the process. The member for Goyder has elaborated on that. Since that time, there has been a similar instance relating to the Mataranka Community Government Council election.
Mr Bailey: There are no problems in Yulara.
Mr BALDWIN: No, there is not a problem in Yulara.
The Cox Peninsula scheme is similar to many other schemes in respect of eligibility to be on the roll. Since the problems at Cox Peninsula and Mataranka, questions of whether or not the test is right for people being on the roll, and who determines who goes on to the roll, have been brought to my attention. I understand the Northern Territory Electoral Office, which conducted the by-election, believes that the procedures at the time were correct and proper. I am aware that the Ombudsman is inquiring into the by-election process in response to an approach from a Mandorah resident. Similar complaints have arisen from the Mataranka Community Government Council by-election. Those are being heard in the Local Court in Katherine.
I can inform the House that the department has commenced a review of the scheme. If it is warranted, a stricter regime for the conduct of elections will be forwarded to me for consideration with a view to amending the act to overcome the problems that have occurred at Cox Peninsula. When I receive the report, I will be happy to forward my recommendations to the member for Goyder so that he is fully aware of the future action that may be taken.
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Complaints made to the Chief Electoral Officer drew the response that the votes were accepted under the provisions of clause 27 of the Cox Peninsula Community Government Scheme and, as the poll had been declared, no further action would be taken. My reading of clause 27, while noting some ambiguity, does not lead me to the conclusion that the decision to accept the votes was the correct or appropriate one. Given the potential for injustice in the decision and the council’s wish to have the offending clause clarified, will the minister undertake to expedite an amendment to the scheme to ensure that this procedure is not followed in counting votes for the council’s general election in 1998?
ANSWER
Madam Speaker, following the by-election, there were media reports about some unease concerning the process. The member for Goyder has elaborated on that. Since that time, there has been a similar instance relating to the Mataranka Community Government Council election.
Mr Bailey: There are no problems in Yulara.
Mr BALDWIN: No, there is not a problem in Yulara.
The Cox Peninsula scheme is similar to many other schemes in respect of eligibility to be on the roll. Since the problems at Cox Peninsula and Mataranka, questions of whether or not the test is right for people being on the roll, and who determines who goes on to the roll, have been brought to my attention. I understand the Northern Territory Electoral Office, which conducted the by-election, believes that the procedures at the time were correct and proper. I am aware that the Ombudsman is inquiring into the by-election process in response to an approach from a Mandorah resident. Similar complaints have arisen from the Mataranka Community Government Council by-election. Those are being heard in the Local Court in Katherine.
I can inform the House that the department has commenced a review of the scheme. If it is warranted, a stricter regime for the conduct of elections will be forwarded to me for consideration with a view to amending the act to overcome the problems that have occurred at Cox Peninsula. When I receive the report, I will be happy to forward my recommendations to the member for Goyder so that he is fully aware of the future action that may be taken.
Page 56
Last updated: 09 Aug 2016