Guide for Submissions: 2015 Yarra Ranges Shire Council Electoral Representation Review

Preliminary Report
2015 Yarra Ranges Shire Council Electoral Representation Review

Wednesday 30 September 2015

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Preliminary Report: 2015 Yarra Ranges Shire Council Electoral Representation Review

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Contents

1 Executive summary 4

2 Background 6

2.1 Legislative basis 6

2.2 The VEC’s approach 6

2.3 The VEC’s principles 8

2.4 The electoral representation review process 8

3 Yarra Ranges Shire Council representation review 10

3.1 Background 10

3.2 Public information program 12

3.3 Public submissions (preliminary) 13

4 The VEC’s findings and options 18

4.1 Preliminary report findings 18

4.2 Options 23

5 Next steps 24

5.1 Response submissions 24

5.2 Public hearing 24

5.3 Final report 25

Appendix 1: List of preliminary submissions 26

Appendix 2: Option maps 27

Appendix 3: Public information program 31

1 Executive summary

The Local Government Act 1989 (the Act) requires the Victorian Electoral Commission (VEC) to conduct an electoral representation review of each municipality in Victoria before every third council general election.

The purpose of an electoral representation review is to recommend an electoral structure that provides fair and equitable representation for the persons who are entitled to vote at a general election of the council. The matters considered by a review are:

· the number of councillors

· the electoral structure of the council (whether the council should be unsubdivided or divided into wards and, if subdivided, the details of the wards).

The VEC conducts all reviews on the basis of three main principles:

1. ensuring the number of voters represented by each councillor is within 10 per cent of the average number of voters per councillor for that municipality

2. taking a consistent, State-wide approach to the total number of councillors and

3. ensuring communities of interest are as fairly represented as possible.

2015 electoral representation review

The current electoral representation review for Yarra Ranges Shire Council commenced on Wednesday 5 August 2015.

Current electoral structure

2007 representation review

2012 subdivision review

As a result of the subdivision review, minor changes were made to the boundary between Melba and Walling Wards, and the boundary between Billanook and Chandler Wards, to correct the voter number imbalances.

Preliminary submissions

The VEC received 18 preliminary submissions by the deadline for submissions at 5.00 pm on Wednesday 2 September. Submissions were received from a range of stakeholders including current and former councillors, community members and groups including the Healesville Action Group, the Proportional Representation Society of Australia and the Mount Evelyn Environment Protection and Progress Association.

VEC options

The following options are being considered by the VEC:

· Option A (preferred option)
Yarra Ranges Shire Council continue to consist of nine councillors elected from singlecouncillor wards, with modified ward boundaries.

· Option B (alternative option)
Yarra Ranges Shire Council consist of nine councillors elected from three threecouncillor wards.

· Option C (alternative option)
Yarra Ranges Shire Council consist of nine councillors elected from one fourcouncillor ward, one three-councillor ward, and one two-councillor ward.

2 Background

2.1 Legislative basis

The Act requires the VEC to conduct an electoral representation review of each municipality in Victoria before every third general council election, or earlier if gazetted by the Minister for Local Government.

The Act specifies that the purpose of a representation review is to recommend the number of councillors and the electoral structure that provides ‘fair and equitable representation for the persons who are entitled to vote at a general election of the Council.’[1]

The Act requires the VEC to consider:

· the number of councillors in a municipality and

· whether a municipality should be unsubdivided or subdivided.

If a municipality should be subdivided, the VEC must ensure that the number of voters represented by each councillor is within 10 per cent of the average number of voters per councillor for that municipality.[2] On this basis, the review must consider the:

· number of wards

· ward boundaries (and ward names) and

· the number of councillors that should be elected for each ward.

2.2 The VEC’s approach

Deciding on the number of councillors

The Act allows for a municipality to have between 5 and 12 councillors, but does not specify how to decide the appropriate number.[3] In considering the number of councillors for a municipality, the VEC is guided by the Victorian Parliament’s intention for fairness and equity in the local representation of voters under the Act.

The VEC considers that there are three major factors that should be taken into account:

· diversity of the population

· councillors’ workloads and

· the situation in similar municipalities.

Generally, those municipalities that have a larger number of voters will have a higher number of councillors. Often large populations are more likely to be diverse, both in the nature and number of their communities of interest and the issues of representation.

However, the VEC considers the particular situation of each municipality in regards to: the nature and complexity of services provided by the Council; geographic size and topography; population growth or decline; and the social diversity of the municipality, including social disadvantage and cultural and age mix.

Deciding the electoral structure

The Act allows for a municipality ward structure to be:

· unsubdivided—with all councillors elected ‘at-large’ by all voters or

· subdivided into a number of wards.

If the municipality is subdivided into wards, there are a further three options available:

1. single-councillor wards

2. multi-councillor wards or

3. a combination of single-councillor and multi-councillor wards.

A subdivided municipality must have internal ward boundaries that provide for a fair and equitable division of the municipality, and ensure that the number of voters represented by each councillor remains within 10 per cent of the average number of voters per councillor for the municipality.

In considering which electoral structure is most appropriate, the VEC considers the following matters:

· communities of interest, consisting of people who share a range of common concerns, such as geographic, economic or cultural associations

· the longevity of the structure, with the aim of keeping voter numbers per councillor within the 10 per cent tolerance as long as possible

· geographic factors, such as size and topography

· the number of voters in potential wards, as wards with many voters often have a large number of candidates, which can lead to an increase in the number of informal (invalid) votes and

· clear ward boundaries.

2.3 The VEC’s principles

Three main principles underlie all the VEC’s work on representation reviews:

1. Ensuring the number of voters represented by each councillor is within 10 per cent of the average number of voters per councillor for that municipality.

Over time, population changes can lead to some wards in subdivided municipalities having larger or smaller numbers of voters. As part of the review, the VEC corrects any imbalances and also takes into account likely population changes to ensure ward boundaries provide equitable representation for as long as possible.

2. Taking a consistent, State-wide approach to the total number of councillors.

The VEC is guided by its comparisons of municipalities of a similar size and category to the council under review. The VEC also considers any special circumstances that may warrant the municipality having more or fewer councillors than similar municipalities.

3. Ensuring communities of interest are as fairly represented as possible.

Each municipality contains a number of communities of interest. Where practicable, the electoral structure should be designed to ensure they are fairly represented, and that geographic communities of interest are not split by ward boundaries. This allows elected councillors to be more effective representatives of the people and interests in their particular municipality or ward.

2.4 The electoral representation review process

Developing recommendations

The VEC bases its recommendations for particular electoral structures on the following information:

· internal research specifically relating to the municipality under review, including Australian Bureau of Statistics and .id (Informed Decisions) Pty Ltd data[4]; voter statistics from the Victorian electoral roll; and other State and local government data sets

· small area forecasts provided by .id (Informed Decisions) Pty Ltd

· the VEC’s experience conducting previous electoral representation reviews of local councils and similar reviews for State elections

· the VEC’s expertise in mapping, demography and local government

· careful consideration of all input from the public in written and verbal submissions received during the review and

· advice from consultants with extensive experience in local government.

Public involvement

Public input is accepted by the VEC:

· in preliminary submissions at the start of the review

· in response submissions to the preliminary report and

· in a public hearing that provides an opportunity for people who have made a response submission to expand on this submission.

Public submissions are an important part of the process, but are not the only consideration during a review. The VEC ensures its recommendations are in compliance with the Act and are formed through careful consideration of public submissions, independent research, and analysis of all relevant factors, such as the need to give representation to communities of interest.

3 Yarra Ranges Shire Council representation review

3.1 Background

Profile of Yarra Ranges Shire Council

Yarra Ranges Shire is located on the fringe of metropolitan Melbourne. Geographically, it is one of the larger metropolitan councils, covering an area of 2,466 square kilometres. The Shire is bordered by Nillumbik and Murrindindi Shires to the north, with the outer-urban municipalities of Manningham, Maroondah and Knox to the west, and the municipalities of Casey, Cardinia, Baw Baw and Mansfield to the south, east and north-east. The population of Yarra Ranges Shire is concentrated in the western outer-urban part of the municipality, with smaller populations dispersed throughout the centre of the Shire around the foothills of the Yarra Ranges to the east, comprising mostly rural land and native forest.

Current population estimates in major towns and suburbs
Mooroolbark / 20,689
Lilydale / 15,649
Kilsyth / 10,043
Mount Evelyn / 9,374
Chirnside Park / 9,125
Healesville / 6,839
Montrose / 6,732
Monbulk / 3,456
Warburton / 2,171

Yarra Ranges Shire has a population of just over 150,000 residents,0F[5] and is expected to experience a slow rate of growth (under 1 per cent per year) over the next 20 years.1F[6] The number of voters in the Shire is currently estimated at 113,596, with 12,622 voters per councillor. The Shire has a population density of around 61 people per square kilometre, which is higher than rural and regional Victoria generally.

As a municipality that is close to Melbourne’s outer-eastern urban fringe, and rural and regional shires to the east, Yarra Ranges has a mixed social profile that reflects both urban and nonurban characteristics. While the municipality has a similar number of older residents to that of rural and regional Victoria, this population is slightly higher when compared to Greater Melbourne.2F[7] The Shire has a median age of 38, which is slightly lower than other rural and regional municipalities in Victoria as a whole. By contrast, the municipality has a higher number of residents born overseas and a slightly higher population of people aged between 18 and 49, when compared to rural and regional Victoria. The Shire also has a relatively high workforce participation rate and comparatively low unemployment. Yarra Ranges Shire also has a slightly lower mobility rate than rural and regional Victoria, with up to 32 per cent of residents moving in the five years between 2006 and 2011.

The Shire has a number of distinct natural environments in the Dandenong Ranges, Kinglake, Yarra Ranges National Parks and local reservoirs which contribute to Melbourne’s water supplies. As well as protected natural environments, land use includes agricultural and wineproducing areas. Construction is one of the biggest local economic drivers (employing 13.3 per cent of the workforce) with manufacturing (12.7 per cent) and retail trade (11.3 per cent) also significant employers.

The Yarra Ranges Shire Council has a strong focus on environmental protection and bushfire management.3F[8] Many townships in the Shire were severely impacted by major fires including Ash Wednesday in 1983, and most recently the Black Saturday fires of 2009. Bushfire fuel reduction and weed eradication has been a Council priority as part of its overall environmental management role.4F[9] The priorities of Yarra Ranges Shire Council also include community engagement and infrastructure. The Wurundjeri people are recognised as the original inhabitants of parts of the Yarra Ranges Shire Council area,5F[10] and cultural trails and landmarks form part of the Shire’s unique identity and features.

A significant wine-growing region, the Shire hosts some of Victoria’s most popular tourist attractions. The Yarra River runs from the Yarra Valley through to Melbourne and Port Phillip Bay. The Shire’s Melba and Streeton Wards are named after well-known historical figures, the opera singer Dame Nellie Melba, who spent her childhood in Lilydale, and Australian landscape painter Sir Arthur Streeton, who settled in the Long Acres area.

Current electoral structure

2007 representation review

The last representation review for Yarra Ranges Shire Council took place in 2007. At the time of the review, the Shire was subdivided, with nine councillors elected from single-councillor wards. Following the review, the VEC recommended retaining this structure of nine single-councillor wards, and making a minor adjustment to the boundary of Ryrie Ward and O’Shannassy Ward, to reflect the view expressed in submissions that all residents with access off Don Road south of the Panton Gap should be in O’Shannassy Ward.

2012 subdivision review

A subdivision review of Yarra Ranges Shire Council took place in 2012 to address concerns that the number of voters within Melba and Walling Wards could deviate beyond the legislative requirement to be within 10 per cent of the average number of voters per councillor across the municipality. The ward boundaries of Billanook Ward were also considered, as the ward’s enrolment was projected to exceed the legislative tolerance by 2016.