Disclaimer
Important information concerning the interpretations of legislation and other policies is 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 council responsible for each municipal area. Schedule 4 of the Act provides a framework of standard procedures for conducting the meetings of a council and also of council committees appointed by the council.
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?
1. When are council meetings held?
The Local Government Act 1993 provides for four types of council meeting, including when these meetings are held:
Ordinary Meetings
The Mayor calls ordinary meetings of the elected members to transact council business as set out in a formal agenda. Council meetings must be held at least once every month.
Notice of ordinary meetings must be given to councillors at least four days but not more than 14 days before the meeting. A notice of the meeting is also 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 Break O'Day Council are usually held at 10.00am on the 2nd Monday of each month at the Break O'Day Council Chambers.
2009 Council Meeting Dates
Wednesday 14 January
Monday 9 February
Tuesday 10 March
Wednesday 15 April
Monday 11 May
Tuesday 9 June
Monday 13 July
Monday 10 August
Monday 14 September
Monday 12 October
Monday 9 November
Monday 14 December
Special Meetings
The Mayor and the General Manager in certain circumstances may convene a special meeting to discuss specific agenda items only. A special meeting may also be convened at the direction of the council or at the request of five or more councillors.
Notice of special meetings must be given to councillors at least two days but not more than 14 days before the meeting. A notice of the meeting is also 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.
Council Committee Meetings
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.
Annual General Meetings
Council must hold an Annual General Meeting:
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 the Council will be discussing?
The General Manager prepares an agenda listing any matter to be discussed at the council meeting. The agenda will be made publicly available. Any documents relating to a closed meeting may be excluded from the public agenda at the General Manager's discretion. See Q5. "What is a closed council meeting?" for details.
Any excluded documents are exempt from Freedom of Information Act 1991 provisions.
Copies of the current and past agendas are available on the council's website.
3. Can I get access to the agenda before the meeting?
Copies of the agenda are to be made available at the council's public office:
Copies of an extract of the agenda of a previous meeting, other than an extract relating to a closed meeting, are available for 1 fee unit ($1.17) for every 5 pages. Copies of minutes and meeting CD's are free for ratepayers and residents.
Any documents relating to a closed meeting are exempt from Freedom of Information Act 1991 provisions. See Q5. "What is a closed council meeting?" for details.
Copies of the agendas and minutes are available on the council's website www.bodc.tas.gov.au or by contacting Council on 03 6376 7900.
All meetings of a Council or Council committee are open to the public except in the situation where the Council or Council committee decides to close a meeting if certain restricted types of matters are to be discussed.
A decision to close a meeting to the public can only be made in advance with the regulations and with the voted support of more than half of all elected councillors, whether or not they are present at the meeting. In the case of a council committee the vote to close the meeting can be made by simple majority of the councillors present.
See Q5. "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 to ensure the orderly conduct of council business.
5. What is a closed council meeting?
A decision to close a meeting is made with the support of more than half the total number of councillors, whether or not they are present at the meeting. In the case of a council committee this decision can be made by a simple majority of the councillors present when any of the following matters is to be discussed:
The chairperson of a meeting may remove the public or exclude any person from a closed meeting to ensure the orderly conduct of council business.
Documents relating to agenda items dealt with in a closed meeting may be excluded from the public agenda. Minutes of closed meetings will only include the fact that the matter was discussed but no details of the nature of the discussions will be recorded in the minutes, unless the Council or the Council committee determines otherwise.
Any documents or minutes relating to a closed meeting are exempt from Freedom of Information Act 1991 provisions.
6. Can I speak at a Council meeting?
The Local Government Act 1993 provides an opportunity for members of the public to ask questions at a council or council committee meeting. Some councils give this opportunity to the public in a Meeting Procedures By-law that allows Public Question Time at meetings. There are some limits in relation to the time available for questions.
If you wish an issue to be raised at a council meeting, you should first contact one or more of your local councillors and discuss your issue with them. One 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, usually the Mayor, may respond to questions for which prior notice in writing has been given. If a councillor raises a question without giving prior notice, the chairperson may choose to address the answer if it is readily available or known. If this is not the case, the chairperson may request that the question be put in writing and dealt with separately from the meeting.
The chairperson, acting on behalf of the Council, may also invite any member of the public present at a meeting to ask questions. The same considerations apply as for a question without notice raised by a councillor.
A council or council committee may agree to a request from a delegation of persons to speak at a meeting; or it may invite a delegation of persons to attend and address a meeting. A period of time to address the meeting will normally be fixed by agreement.
Public question time is allowed at commencement of Council Meetings, please contact Council for further details on Ph 03 6376 1281 or admin@bodc.tas.gov.au.
See topics numbered 7 through 9 below for related information.
7. How do I get councillors to bring a topic up?
The functions of councillors are:
Councillors are to act in the best interests of the community when carrying out their functions.
If you wish to contact your local councillors, visit the council's website or telephone the council's public office to obtain the councillors' contact details.
A list of councillors is available from the council office, Georges Bay Esplanade, St Helens, can be viewed at www.bodc.tas.gov.au, via email to admin@bodc.tas.gov.au, or by phoning 03 6376 7900.
8. How do I get a petition presented?
Petitions may be presented to the Council in relation to three subject matters:
Issues of significant interest
Issues of significant interest are:
Electors may petition the council to have a matter treated as an issue of significant interest to the community. Petitions for an issue to be treated as one of significant interest may instigate a public meeting or elector poll.
A petition must comply with the following requirements:
A petition is not to be made in relation to rates and charges if the Council has already determined the rates and charges applicable for the financial year. Petitions checked for compliance by the General Manager are then tabled as soon as practicable at an ordinary meeting of the council and are then taken to be accepted by the council.
The council must hold a public meeting to discuss the issue once council has accepted a petition relating to an issue of significant interest to the community. Alternatively, the council may decide to hold a public meeting to discuss any issue as determined by the council. Notice of the public meeting must be publicly displayed and published on at least three occasions in a daily newspaper circulating in the municipal area.
The council must invite the public to make written submissions on the issue of significant interest to the community. These submissions are to be lodged with the council within 21 days of the first publication of the notice. Any submission received is to be summarised and copies of that summary made available to those attending the public meeting.
The council may be required, in certain circumstances if a petition has been lodged, to hold an elector poll. The matter that is the subject of an elector poll is decided by a simple majority of the votes cast. It should be noted, however, that the result of an elector poll is not binding on the council.
A council may decide to hold an elector poll on any issue and conduct the poll in any manner as determined by council.
The General Manager determines whether or not the petition complies with the formal requirements. If it does not, the General Manager must inform one of the named proposers of the petition and the council, at its next meeting, of the reasons for the petition's non-compliance.
Separate rates
The Council may, by the vote of more than half of the total number of councillors, whether or not present at the meeting, make a separate rate in respect of land, or a class of land, within the municipal area.
The separate rate may be made:
Ratepayers affected by the intention of the Council to make a separate rate may present a petition in the prescribed form to the Council within 30 days of the notice published in the local newspaper.
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.
General matters
Petitions for general matters may relate to any matter including requests for local infrastructure for which the Council is responsible, such as works on local roads.
A councillor may present a general matters petition to a meeting of the council. The person named as a proposer of a petition must ensure that the petition contains:
In addition it is necessary to :
The General Manager has the authority to edit comments that denigrate or criticise any person, including members of the council. The General Manager reads the petition to the meeting and the chairperson then invites a motion "that the petition be received". Usually, the petition is then accepted by the meeting and tabled.
Your local councillor may be able to assist you in preparing and presenting a petition. Visit the council's website or telephone the council to obtain the councillors' contact details.
9. How do I get input into the decision making process?
The councillors are your representatives at ordinary and special meetings of the council. 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 any councillor expressing their views and asking that a question be put to the next council meeting. They may also put their views verbally to an alderman. Councils will advertise the details of public meetings on any issue of special interest to which the general public is invited.
A council can 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 local council.
