Changing the rules regulating owners and occupiers rolls

Is this fair?

One of the important reforms to the Local Government Act 1995 is a change to the rules regulating owners and occupiers rolls. In other words, who can vote or be a candidate.

The Inquiry into the City of Perth identified flaws with existing rules regarding people who occupy property claiming to be able to vote in specific local government elections. For example, the inquiry found instances of sham leases taken out to make people eligible to nominate as a candidate for council elections. And when we say sham leases, under current laws it is possible to make the argument — and the argument has been made — that:

• a backyard toilet (dunny)
• a cupboard (it has four walls and a ceiling)
• a bathroom
• a garden shed
• a workstation
• a parking bay

… are all rateable properties, thus making the renter eligible to vote or be a candidate even though they do not live in the relevant local government area (district or ward).

Come on! Is this fair?

It is intended to tighten these rules to ensure people genuinely use the properties they occupy and that the claim they make is for an appropriate place.

This will include:

• requiring claimants to pay a minimum amount of rent
• requiring a claimant have held a right of occupation in the local government for 12 months prior to making the claim
• not allowing residential properties to be used to make occupation claims as that claimant should be enrolled as a resident.

The detail of these and other requirements will be set out in regulations. Importantly even if these changes are passed, they will not be implemented until 2024 to give the local government sector the time to prepare.