Elections and representation

Caretaker period

Tranche 1

Status: Commenced

Commencement: 1 July 2024

What has changed?

This reform standardises a caretaker period across all local governments in Western Australia. It prevents a local government from making significant decisions while an election is underway, particularly decisions that would bind a future council to a particular course of action.

The caretaker period will apply to all ordinary local government elections from 2025 onwards. It will also apply to any election to elect a council after it has been declared vacant or dismissed. It will not apply to extraordinary local government elections.

The caretaker period runs from the close of nominations to declaration of the poll.

What a local government needs to do to implement the change

Local governments will need to ensure they are aware of the changes and understand them, particularly for the 2025 local government elections. Local governments should also plan projects and council reporting schedules and items with the caretaker period in mind.

Find out more about caretaker periods.

Owners and occupiers rolls

Tranche 1

Status: Commenced

Commencement: 1 January 2024

What has changed?

The Inquiry into the City of Perth identified that there were flaws with the management of people who occupy property claiming to be able to vote in local government elections. These rules are now tightened to ensure people genuinely use the properties they occupy and that the claim they make is for an appropriate place.

For an enrolment claim of a non-resident occupier the person must: 

• continuously occupy the property in that local government under a lease or other legal instrument for at least 12 months prior to the claim
• not be seeking to claim eligibility based upon occupying a place of residence
• exclusively occupy at least 10m² of eligible space
• pay at least the minimum amount of rent prescribed for that local government
• be able to secure that property from intruders
• genuinely use that property for their business.

What a local government needs to do to implement the change

Owners and occupiers' rolls must now be managed in accordance with these amendments. Local governments should ensure all processes reflect these new compliance requirements.

Find out more about owners and occupiers rolls.

Optional preferential voting

Tranche 1

Status: Commenced

Commencement: 21 October 2023

What has changed?

All local government elections must now be conducted using the optional preferential voting method.

This brings local government in line with State and Federal voting mechanisms and means candidates elected are more representative of the majority of electors.

What a local government needs to do to implement the change

Local governments will need to ensure that every election is conducted using the optional preferential voting method, regardless of whether the CEO is the returning officer, or the WA Electoral Commission is conducting an election on the CEO's behalf.

Find out more about optional preferential voting.

Backfilling extraordinary vacancies

Tranche 1

Status: Commenced

Commencement: 21 October 2023

What has changed?

Council vacancies can now be filled based on the results of an election that has taken place within the previous 12 months. This new system is possible due to the use of optional preferential voting, which allows for the identification of the overall order in which electors would prefer candidates to be elected.

What a local government needs to do to implement the change

If the office of a council member elected in the 2023 ordinary elections (or future elections) becomes vacant, backfilling may be an option to fill the position rather than holding an extraordinary election.

Find out more about how backfilling works.

Election of mayors and presidents

Tranche 1

Status: Commenced

Commencement: 21 October 2023

What has changed?

Class 1 and 2 local governments are now required to elect their mayor of president by a vote of electors. This is because mayors and presidents are in a position of leadership and heightened responsibility. For larger local governments, it is appropriate that they be elected by and accountable to the electors of the entire local government district.

What a local government needs to do to implement the change

Class 1 and 2 local governments will need to ensure that any mayoral or presidential election is conducted with the electors of the district.

Find out more about the election of mayors and presidents.

Classes of local government

Tranche 1

Status: Commenced

Commencement: 1 July 2023

What has changed?

Schedule 2 of the Local Government (Constitution) Regulations 1998 prescribe the different classes of local government based on the bands under Salaries and Allowances Tribunal determination.

Find out more about classes of local government.

Council sizes

Tranche 1

Status: Commenced

Commencement: 1 July 2023

What has changed

The number of council members a local government has is now based on their populations:

Find out more about changes to local government representation.

What a local government needs to do to implement the change

All relevant local government orders have been gazetted to ensure council member numbers reflect the change for the 2023 local government elections (or for the 2025 local government elections, if a staged approach).

Changes to wards

Tranche 1

Status: Commenced

Commencement: 1 July 2023

What has changed?

Class 3 and 4 local governments are no longer able to have wards. Council members that represented wards that are now abolished no longer represent a ward.