Important information concerning the interpretations of legislation and other policies contained in this page. It is recommended that the Disclaimer be read in conjunction with the information provided.

The Local Government Act 1993 establishes and names the councils in each municipal area. It provides for the standard procedures relating to meetings of the councils.

Council committees are also provided for under the Act. The committees are to be appointed by council. The Local Government (Meeting Procedures) Regulation 2005 sets out the procedures relating to the meetings of the committees.

In addition, each council is empowered to make supplementary procedures in relation to the holding and conduct of meetings.

Huon Valley Council also has a Public Question Time and Deputation Policy and Procedure which contains provisions relating to those matters.

 FREQUENTLY ASKED QUESTIONS:

1. When are council meetings held?

2. How do I know what council will be discussing?

3. Can I get access to the agenda before the meeting?

4. Can I attend the meetings?

5. What is a closed council meeting?

6. Can I speak at a council meeting?

7. How do I get councillors to bring a topic up?

8. How do I get a petition presented?

9. How do I get input into the decision making process?

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1. When are council meetings held?

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The Local Government Act 1993 and Local Government (Meeting Procedures) Regulations 2005 provides for four types of council meetings which affect when meetings are held:

a) Ordinary meetings of council;

b) Special meetings of council;

c) Meetings of council committees;

d) Annual general meetings.

Council meetings are not to start before 5pm unless otherwise authorised.

a)  Ordinary Meetings

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Ordinary meetings are called by the Mayor to transact ordinary business and any other business on the agenda. These meetings must be held at least once in each month.

Notice of ordinary meetings is to be provided to Councillors at least four days but not more than 14 days before the meeting. A notice of the meeting is also to be published in a daily newspaper circulating in the municipal area at least four days but not more than 14 days before the meeting.

Note: Weekends and public holidays are included in the number of days in the notice provisions.

Ordinary meetings of the Huon Valley Council are usually held at 6:00pm on the second Wednesday of each month at the Council Chambers, 40 Main Street, Huonville.

b)  Special Meetings

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A special meeting may be convened by the Mayor to discuss agenda items only. A special meeting is also to be convened at the direction of Council or at the request of a majority of Councillors.

Notice of special meetings is to be provided to Councillors at least two days but not more than 14 days before the meeting. A notice of the meeting is also to be published in a daily newspaper circulating in the municipal area at least two days but not more than 14 days before the meeting.

Note: Weekends and public holidays are included in the number of days in the notice provisions.

c)  Council Committee Meetings

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A Council Committee meeting may be convened at any time by the Chairperson of the Committee. A meeting must be held if the Council or Council Committee so directs.

d)  Annual General Meetings

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Councils must hold an Annual General Meeting:

a) no later than 15 December in each year; and,

b) not before 14 days after the date of first publication of the notice.

A notice must be published on at least two separate occasions in a daily newspaper circulating in the municipal area that specifies the date of the Annual General Meeting.

2. How do I know what council will be discussing?

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The General Manager is to prepare an agenda for each meeting. The agenda lists any matter to be discussed at the meeting.  The business of a meeting is conducted in the order it is set out in the agenda unless Council approves otherwise by an absolute majority.

Only matters on the agenda may be discussed unless the General Manager certifies it is an urgent matter and the Councillors allow it by an absolute majority.  The business of a special meeting of the Council or a Council Committee is to be conducted in the order in which it is set out in the notice of that meeting.

3. Can I get access to the agenda before the meeting?

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Copies of the agenda are to be made available free of charge:

a) at least two days before a special or four days before any other meeting; and

b) at the meeting.

Copies of any associated reports and documents, other than those relating to Closed Council, are made available for public inspection as above.

Any documents in the associated reports and documents which relate to closed meetings are exempt from Freedom of Information Act 1991 provisions.

Copies of the agendas are available on the council's website.  Associated reports and documents, other than those relating to Closed Council, are also available for inspection on the website.

4. Can I attend the meetings?

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All meetings of a Council or Council Committee are to be open to the public. However, the Council (by more than half of the number of Councillors to be elected to a Council, whether or not present at the meeting), or a Council Committee (by simple majority), may decide to close a meeting where certain restricted matters are to be discussed (see "What is a closed council meeting?" for details). The Chairperson of a meeting may remove the public or exclude any person from a closed meeting.

5. What is a closed council meeting?

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The Council (by more than half of the number of Councillors to be elected to a Council, whether or not present at the meeting), or a Council Committee (by simple majority), may decide to close a meeting because any of the following matters are to be discussed:

a) personnel matters including complaints against an employee of the Council;

b) industrial matters relating to a person;

c) contracts for the supply and purchase of goods and services;

d) the security of property of the Council;

e) proposals for the Council to acquire land or an interest in the land or for the disposal of land;

f) information provided to the Council on the condition it is kept confidential;

g) trade secrets of private bodies;

h) matters relating to actual or possible litigation taken by or involving the Council or an employee of the Council;

i) applications by Councillors for leave of absence;

j) the personal affairs of any person.

The Chairperson of a meeting may remove the public or exclude any person from a closed meeting.

Minutes of closed meetings will only include the fact that the matter was discussed but no details of the meeting (unless the Council or the Council Committee determines otherwise) will be recorded in the minutes.

Any documents or minutes relating to closed meetings are exempt from Freedom of Information Act 1991 provisions.

6. Can I speak at a council meeting?

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The Local Government Act does not provide for or allow the public to speak at a Council or Council Committee meeting.

If you wish an issue to be raised at a Council meeting, you should first contact your local Councillors and discuss your issue with them. The function of Councillors is to facilitate communication between the Council and the community. Your Council's website or your Council's public office will have the Councillors' contact details.

The Chairperson of a meeting may address questions on notice, without notice from Councillors, or invite any member of the public present at a meeting to ask questions. A Council or Council Committee may also invite a delegation of persons to address the meeting.

At each Council meeting, at a time provided for in the agenda, up to 15 minutes in total will be provided for any person who is a resident or ratepayer within the municipal area and present at the meeting (other than a Councillor) to ask questions.

A person seeking to ask a question must first stand and identify himself or herself.

No person will be entitled to ask more than two questions, and will only be entitled to ask a second question after all other persons who wish to ask a question have asked one question each and provided the 15-minute period has not elapsed.

All questions asked must be directed to the Chairperson, who will:

(a) answer the question himself or herself; or

(b) refer the question to another Councillor or the General Manager.

Every attempt will be made to provide an answer to your question.

Debate on questions cannot be entered into and Council cannot make decisions on issues that arise in public question time.

In addition, Council will not accept or answer any question that:

• does not relate to the activities of the Council;
• relates to business on the agenda at the meeting;
• contains an insult, makes a personal reflection on a Councillor or an employee of Council;
• imputes an improper motive on a Councillor or employee of Council.

Alternatively, a request may be made for deputation.

A person who intends or wishes to comprise a deputation to the Council or any Council committee is to:-

• make a written request to the Chairperson setting out the likely members of the deputation;
• the purpose of the request; and
• the nature of the matter or matters intended to be placed before the Council or Council committee.

The Chairperson is to decide whether or not the deputation is to be received.

If the Chairperson decides that the deputation is to be received, the Chairperson is to inform the General Manager to note the item on the appropriate agenda.

If the Chairperson decides that the deputation is not to be received, any person who intends to comprise the deputation may appeal that decision in writing to the General Manager who is to list this appeal on the agenda of the next ordinary meeting of Council.

The Council may by absolute majority uphold the appeal and if an appeal is upheld the deputation is to proceed in accordance with the Regulation 38 of the Local Government (Meeting Procedures) Regulations 2005 and this Policy and Procedure.

A deputation -

• is not to exceed 3 persons; and
• is not to be permitted to continue in attendance on the Council or committee for a longer period than 15 minutes.

Unless the Council or committee decides otherwise, the recommendation, request or other matter placed before the Council or Council committee from a deputation is not to be considered until the deputation has withdrawn.

The Council or committee may by resolution invite a person to address the meeting and to make statements or deliver reports.

Any person who intends to comprise a deputation to the council or any Council Committee is to:

(a) make a written request to the Chairperson setting out the likely members of the delegation;

(b) the purpose of the request; and

(c) the nature of the matter or matters intended to be placed before the Council or Council Committee.

The Chairperson is to decide whether or not the deputation is to be received. If the deputation is to be received, the general matter will note the item on the appropriate agenda.

Unless otherwise decided, the recommendation, request or other matter placed before the Council or Council Committee is not to be considered until the deputation has withdrawn.

See topics numbered 7 through 9 below for related information.

As a resident, you are encouraged to speak to Council Officers or Councillors at any time on matters which may be of concern and this may be a more immediate way of gaining the relevant information which you require.

7. How do I get councillors to bring a topic up?

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The functions of Councillors are:

• to represent the community;
• to act in the best interests of the community;
• to facilitate communication by the Council with the Community;
• to participate in the activites of the Council; and
• to undertake duties and responsibilities as authorised by the Council.

Councillors may ask questions:

(a) without notice of the Chairperson, or through the Chairperson, of another Councillor or of the General Manager; or

(b) with notice given at least seven days before the next meeting, at that meeting of the Council or a Council Committee.

If the question without notice is not related to the subject under discussion, the Chairperson may require the Councillor to submit the question in writing or give written notice of the question to the General Manager. The Chairperson is not to allow debate on the question or the answer to the question.

If the question is on notice, a reply to the question need not be given if the Councillor who gave the notice is not present at the meeting.

The Chairperson may require a Councillor intending to move a motion during a meeting to provide a copy of the motion in writing.

Written notice of a motion must be given at least seven days before the meeting for inclusion on the agenda of the next meeting of the Council or Council Committee.  The Chairperson of the meeting may refuse to accepta motion on notice if it is defamatory, continues offensive language or is unlawful.

If you wish to contact your local Councillors, visit the Council's website or telephone the Council to obtain the Councillors' contact details.

8. How do I get a petition presented?

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A person may lodge a petition with the Council by presenting it to a Councillor or the General Manager.

A person lodging a petition is to ensure that the petition contains:-

• a clear and concise statement identifying the subject matter; and
• a heading on each page indicating the subject matter; and
• a brief statement on each page of the subject matter and the action requested; and
• a statement specifying the number of signatories; and
• the full printed name, address and signature of the person lodging the petition at the end of the petition.

A template petition is available at this link  Petition Template (46 kb).  It is up to the person lodging the petition to ensure that the petition compiles with the requirements of the Local Government Act 1993.

A Councillor who has been presented with a petition is to:

• table the petition at the next ordinary meeting of the Council; or
• forward it to the General Manager within seven days after receiving it.

The General Manager who has been presented with a petition or receives a petition from a Councillor is to table the petition at the next ordinary meeting of the Council.

A petition will not be tabled if:

• it does not comply with the above requirements; or
• it is defamatory; or
• any action it proposes is unlawful.

The General Manager is to advise the lodger of a petition that is not tabled the reason for not tabling the petition within 21 days after lodgement.

The General Manager is to give reasonable written notice to the person lodging the petition of when it is to be considered by the Council.

The Council is to record in the minutes of the meeting to which it is presented the subject matter and number of signatories of the petition.

The Council is to determine any action to be taken in respect of the petition within 42 days after it has been tabled.

Along with the above, special provisions apply to petitions that request a public meeting or elector poll and petitions in respect of a Council's intention to levy Special rates.

(a) Request for Public Meetings or an Elector Poll

A petition may request that a Council hold a public meeting regarding the subject matter of the petition.

A Council must hold a public meeting if the petition complies with above requirements and it is signed by whichever is the lesser of the following:

• 5% of the electors in the municipal area;
• 1,000 of those electors.

A petition that requests a public meeting is not to be made in respect of any matter relating to rates and charges if those rates or charges have been made for the current financial year.

The General Manager is to advise the person lodging the petition whether it complies with the requirements for a petition seeking a public meeting and give reasonable notice of when the Council is to consider the petition.

Within 42 days after the petition is tabled at a Council meeting the General Manager is to advise the Council whether the petition complies with the requirements for a petition seeking a public meeting.

If the petition complies with the requirements for a petition seeking a public meeting, or the Council otherwise resolves to hold a public meeting regarding the subject matter of the petition, the Council is to hold a public meeting to discuss the subject matter of the petition within 30 days of the petition being discussed at the Council meeting.

Before holding a public meeting under the Council is to give notice  -

• stating the date on which, and the time and place at which, the public meeting is to be held; and
• stating the details of the subject matter; and
• inviting written submissions in relation to the subject matter to be lodged with the General Manager.

A copy of the notice is to be published on at least two occasions in a daily newspaper circulating in the municipal area; and sent to the person who lodged the petition.

A submission must be lodged within 21 days after the first publication of the notice.

Any submission received is to be summarised by the General Manager in a document, copies of which are to be made available to those attending the public meeting.

The minutes of the next ordinary meeting of the Council following the public meeting are to record a summary of any submission received under this section; and any decision made at the public meeting.

Council may hold a public meeting on its own motion on any matter it considers appropriate.

(b) Request for an Elector Poll

Following a public meeting a petition may request an elector poll.

The Council must hold an elector poll if:

• a petition requesting the elector poll is received within 30 days after the public meeting is held in relation to the same subject matter as that contained in the petition requesting that public meeting; and
• the petition is signed by at least 5% of the electors in the municipal area or 1000 of those electors, whichever is the lesser; and
• the petition complies with the general requirements for petitions above.

If the person who lodged the petition agrees to an elector poll being held in conjunction with the next ordinary election; or a petition requesting an elector poll is received within 60 days before the notice of election for the next ordinary election then the elector poll may be held in conjunction with that next ordinary election.

An elector poll is to be -

• held within 60 days after the receipt of the petition, except if held at the next ordinary election as provided above; and
• held for the whole municipal area; and
• conducted as determined by the Electoral Commissioner or any other person authorised by the Council.

An elector poll held in conjunction with an election is to be conducted as determined by the Electoral Commissioner.

A matter which is the subject of an elector poll is to be decided by a simple majority of the formal votes cast.

The General Manager is to ensure that the result of an elector poll is published in a newspaper circulating in the municipal area.

A further elector poll on the same issue is not to be held until after the next ordinary election.

A Council is to discuss the result of an elector poll at its next ordinary meeting.

The result of an elector poll is not binding on a Council.

Council may hold an elector poll on its own motion on any matter it considers appropriate.

(c) Separate Rates

The Council may make a separate rate or separate charge in respect of land, or a class of land, within a part of its municipal area.

The separate rate or separate charge may be made -

• in addition to any other rates or charges; and
• in respect of a financial year or part of a financial year; and
• for the purpose of planning, carrying out, making available, maintaining or improving any thing that in the Council's opinion is, or is intended to be, of particular benefit to the affected land; or the owners or occupiers of that land.

Ratepayers affected by the intention of the Council to make a separate rate or separate charge may lodge a petition to the Council in accordance with the general requirements for petitions above within 30 days of the date on which a notification is made in a newspaper under that notification is given of an intention to make a separate rate or charge.

If at least 100 affected ratepayers or at least 10% of affected ratepayers, whichever is the lesser, present a petition, the Council must arrange a public meeting to discuss the issues involved.

The Council must consider any submission, petition or results of a public meeting before deciding -

• whether or not to make a separate rate or separate charge; or
• the area to which the separate rate or separate charge is to apply; or
• the amount of the separate rate or separate charge; or
• the period during which the separate rate or separate charge is to apply.

9. How do I get input into the decision making process?

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At ordinary and special Council meetings, your Councillors are your representatives. Each Councillor has one vote at a meeting. A question arising at a meeting is determined by a simple majority of votes.

A ratepayer may write to the Mayor or Councillor expressing their views and asking that a question be put to the next Council meeting.

They may also put their views verbally to a Councillor. Councils regularly advertise public meetings where members of the general public can attend regarding an issue of special interest, and Councils also invite the public to attend community consultations on various submissions or surveys. In these ways every member of the community can actively participate through a consultative process in the workings of their Council.