Skip to main content
Home
  Email Link  

Report Details


Committee Name:

Legislation Committee (2001 - 2005)

House:

Legislative Council
Report Type:Report

Title:

Electoral Distribution Repeal Bill 2001 and Electoral Amendment Bill 2001
Report No:8
No of Pages:205
Physical Location:Legislative Council Committee Office

Presentation Date:

11/26/2001
Inquiry Name(s):Electoral Distribution Bill 2001 and Electoral Amendment Bill 2001


Click here to view the report


Hide details for RecommendationsRecommendations


1. Recommendations are grouped as they appear in the text at the page number indicated:

Page 24

Recommendation 1: The Committee recommends that the Electoral Amendment Bill 2001 include an amendment to cause redistributions to occur as soon as practicable, two years after the polling day for each general election for the Legislative Assembly, by deleting section 16F in Clause 4 and substituting a replacement as in Appendix 2.

Page 24

Recommendation 2: The Committee recommends that section 16H in Clause 4 of the Electoral Amendment Bill 2001 be deleted.

Page 24

Recommendation 3: The Committee recommends that paragraph (f) in proposed section 16L in Clause 4 of the Electoral Amendment Bill 2001 be amended to insert at the end “but not so as to make a forward projection of elector numbers” as set out in Appendix 2.

Page 24

Recommendation 4: Subject to recommendations 1, 2 and 3 the Committee by a majority (Hons Jon Ford, Kate Doust, Adele Farina and Giz Watson MLCs) recommends that the Electoral Amendment Bill 2001 be passed with the amendments as set out in Appendix 2.

Page 24

Recommendation 5: The Committee by a majority (Hons Peter Foss, George Cash, Giz Watson and Paddy Embry MLCs) recommends that the Legislative Council take measures to ensure that prior to the Electoral Distribution Repeal Bill 2001 and the Electoral Amendment Bill 2001 coming into effect that the question whether it is lawful for the Clerk to present the Electoral Distribution Repeal Bill 2001 and the Electoral Amendment Bill 2001 for the Royal Assent unless the Electoral Distribution Repeal Bill 2001 and the Electoral Amendment Bill 2001 have been passed by an absolute majority of both Houses on the second and third readings be determined by the Full Court of the Supreme Court of Western Australia.

Page 25

Recommendation 6: The Committee by a majority (Hons Kate Doust, Adele Farina and Giz Watson MLCs) recommends that the Electoral Distribution Repeal Bill 2001 be passed without amendment.

Page 25

Recommendation A: A minority of the Committee (Hons Peter Foss and Paddy Embry MLCs) recommends that the Electoral Distribution Repeal Bill 2001 not be passed until Recommendation 5 has been complied with.

Page 25

Recommendation B: A minority of the Committee (Hons Peter Foss and Paddy Embry MLCs) recommends that the Electoral Amendment Bill 2001 not be passed until Recommendation 5 has been complied with.

Page 25

Recommendation C: A minority of the Committee (Hons Peter Foss, George Cash and Paddy Embry MLCs) recommends that the Electoral Distribution Repeal Bill 2001 be defeated.

Page 25

Recommendation D: A minority of the Committee (Hons Peter Foss, George Cash and Paddy Embry MLCs) recommends that the Electoral Amendment Bill 2001 be defeated.

Page 99

Recommendation 7: The Committee recommends retaining the current balance between regions based on the metropolitan areas and non metropolitan areas in the Legislative Council.

Page 99

Recommendation 8: The Committee by a majority (Hons Jon Ford, Kate Doust, Adele Farina, Giz Watson and Paddy Embry MLCs) recommends that the multi-Member region based system of representation as currently exists in the Legislative Council continue.

Page 99

Recommendation 9: The Committee by a majority (Hons Jon Ford, Kate Doust, Adele Farina and Giz Watson MLCs) recommends that The Greens (WA) Model for the Legislative Council be adopted.

Page 99

Recommendation E: A minority of the Committee (Hon Giz Watson MLC) recommends that the principle of regional representation be enshrined by a statement within the legislation, and that due consideration be given to the inclusion of a statement of principle within the State Constitution.

Page 100

Recommendation F: A minority of the Committee (Hons Peter Foss and George Cash MLCs) recommends that the Legislative Council return to a system of direct election of Members from 17 two Member electorates with a staggered fixed term. The term should be four years with alternate elections taking place in conjunction with local government elections.

Page 100

Recommendation G: A minority of the Committee (Hons Peter Foss and George Cash MLCs) recommends that failing the adoption of Recommendation F, the Legislative Council be elected upon the current boundaries, but that the Mining and Pastoral, Agricultural and South West Regions be divided into five, five and seven single Member provinces respectively so that those parts of Western Australia which have been deprived of meaningful representation, in some measure have that representation returned to them. The Metropolitan Regions will be elected on the same basis as currently.

Page 100

Recommendation H: A minority of the Committee (Hon Paddy Embry MLC) recommends that the status quo or current model for the Legislative Council be maintained.

Page 120

Recommendation I: A minority of the Committee (Hons Peter Foss, George Cash and Paddy Embry MLCs) recommends that the Electoral Distribution Repeal Bill 2001 and the Electoral Amendment Bill 2001 be amalgamated.

Page 135

Recommendation J: A minority of the Committee (Hons Peter Foss, George Cash and Paddy Embry MLCs) recommends that the Electoral Distribution Bill 2001 and Electoral Amendment Bill 2001 be amended to provide that they not come into effect until they have been submitted to a referendum of the people.

Page 141

Recommendation 10: The Committee recommends that extra resources be provided to rural and remote Members in the form of extra office locations, additional staff, additional travel and accommodation allowance, and increased mobile telephone allowance.

Page 141

Recommendation 11: The Committee recommends that the research capacity of all Members be increased from a 0.4 FTE to a 1.0 FTE.

Page 141

Recommendation 12: The Committee recommends that all Members be provided with resources to establish and maintain a website.

Page 141

Recommendation 13: The Committee recommends that the administrative functions relating to Members resources be carried out by a single entity, namely the Department of Parliamentary Services subject to the determinations and recommendations of the Salaries and Allowances Tribunal.

Page 142

Recommendation 14: The Committee recommends that allowances paid to Members be reviewed following each redistribution to ensure that Members’ allowances are commensurate with any variation of electoral district resulting from the redistribution.

Page 149

Recommendation 15: The Committee recommends that a parliamentary inquiry be held to consider the effectiveness of the current representation of indigenous people in the Western Australian Parliament.

Page 149

Recommendation K: A minority of the Committee (Hon Giz Watson MLC) recommends that a parliamentary inquiry be held to consider the appropriateness and methodology for representation of indigenous people, including the possibility of entrenchment, in the Western Australian Parliament.

Page 152

Recommendation 16: The Committee recommends that the Legislative Council review its standing committee advertising practices with a view to achieving greater flexibility and public participation.

Page 154

Recommendation 17: The Committee recommends that the Legislative Council consider reviewing committee hearing proceedings with a view to adopting more informal and friendly procedures, particularly when hearings are held in rural and remote areas of the State.

Page 161

Recommendation L: A minority of the Committee (Hons Peter Foss, George Cash and Paddy Embry MLCs) recommends that a new clause be inserted into the Electoral Amendment Bill 2001 that amends Clauses 7 and 18 of Schedule 1 to the Electoral Act 1907 as set out in Appendix 1.

Page 163

Recommendation 18: The Committee recommends by a majority (Hons Peter Foss, George Cash, Paddy Embry and Giz Watson MLCs) that all parties publicly adopt the following principles:
i Cabinet operates by consensus – it does not vote.
ii In the party room, on matters where Cabinet has deliberated and its Members would be obliged to vote as a bloc, Cabinet Members may not vote (that is, a measure needs a majority of the non Cabinet party Members to pass – this is probably the best protection against domination by the Executive)
iii In the Parliament, on any matter, a Member is entitled to vote against the party line without any penalty if the matter is of particular detriment or benefit to his or her electorate, provided that the Member informs the party room before hand of his or her intention to do so.

and that in due course the principles be enacted in legislation.

Page 164

Recommendation 19: The Committee by a majority (Hons Jon Ford, Kate Doust, Adele Farina and Giz Watson MLCs) recommends that that an inquiry be held into optional voting for 16 and 17 year olds.