Council Meetings

In accordance with S57 of the Local Government Act 1993, a person may lodge a petition with Council by presenting it to a Councillor or the General Manager.

To ensure your petition is tabled at a Council meeting, your petition must satisfy the requirements in S57 of the Local Government Act 1993.

57.   Petitions

(1)    A person may lodge a petition with a council by presenting it to a councillor or the general manager.

(2)    A person lodging a petition is to ensure that the petition contains –

(a)    a clear and concise statement identifying the subject matter and the action requested; and

(b)    in the case of a paper petition, a heading on each page indicating the subject matter; and

(c)    in the case of a paper petition, a brief statement on each page of the subject matter and the action requested; and

(d)    a statement specifying the number of signatories; and

(e)    at the end of the petition –

(i)     in the case of a paper petition, the full name, address and signature of the person lodging the petition; and

(ii)    in the case of an electronic petition, the full name and address of the person lodging the petition and a statement by that person certifying that the statement of the subject matter and the action requested, as set out at the beginning of the petition, has not been changed.

(3)     In this section –

electronic petition means a petition where the petition is created and circulated electronically and the signatories have added their details by electronic means;

paper petition means a petition where the petition is created on paper which is then circulated and to which the signatories have added their details directly onto the paper;

petition means a paper petition or electronic petition;

signatory means –

(a)    in the case of a paper petition, a person who has added his or her details to the paper petition and signed the petition; and

(b)    in the case of an electronic petition, a person who has added his or her details to the electronic petition.

These guidelines will help you lodge a petition with Council. These guidelines should be read in conjunction with S57 of the Local Government Act 1993.

1. A petition is to be addressed to the Councillors and General Manager of the Burnie City Council and meet the requirements of S57 of the Local Government Act 1993:

    

   (2)    A person lodging a petition is to ensure that the petition contains –

   (a)    a clear and concise statement identifying the subject matter and the action requested; and

   (b)    in the case of a paper petition, a heading on each page indicating the subject matter; and

   (c)    in the case of a paper petition, a brief statement on each page of the subject matter and the action requested; and

   (d)    a statement specifying the number of signatories; and

   (e)    at the end of the petition –

   (i)     in the case of a paper petition, the full name, address and signature of the person lodging the petition; and

   (ii)    in the case of an electronic petition, the full name and address of the person lodging the petition and a statement by that person certifying that the statement of the subject matter and the action requested, as set out at the beginning of the petition, has not been changed.

    

2. The Petition is to contain a clear and concise statement identifying the subject matter and the action requested.

    

3. The Petition contains a heading on each page indicating the subject matter, before signatures are collected.

    

4. The Petition contains a brief statement on each page of the subject matter and the action requested, before signatures are collected.

    

5. An example of a Petition Form(DOCX, 20KB) (for hard copy petitions) is available for use.

    

6. The names and addresses of the petitioners are to be printed and each person is required to sign beside their name and address.

    

7. People who sign the petition should be aware that the personal information they provide (name, address and signature) will be published in the Agenda of the Council Meeting at which this petition is tabled, and so will be publicly available.

    

8. Each signatory page must contain the same statement of subject matter and action requested, as stated on the front of the petition. 

9. Electronic Petitions

For petitions submitted electronically, the full name and address of the person lodging the petition and a statement by that person certifying that the statement of the subject matter and the action requested, as set out at the beginning of the petition, must not be changed.

Please be aware that some electronic petition templates (as found on the internet) are not compliant with the Local Government Act 1993’s requirements are unable to be tabled with the Council. Our staff are more than happy to provide advice and can be contacted by emailing governance@burnie.tas.gov.au

10. Every signed page of the petition presented to Council must be an original, and not a photocopy, with each signature placed directly on the petition page and not pasted or transferred.

11. Lodge the petition with Council by following the steps on the attached Lodging a Petition Form.

12. Provided the petition is in accordance with the Local Government Act 1993, the General Manager will table the Petition at the next Ordinary Meeting of Council. The petitioners will be advised if the petition is not to be tabled, and a reason for this provided.

The petitioner/s will be advised in writing of Council’s response to the petition via the person nominated on the Lodging a Petition Form.

58.   Tabling petition

(1)    A councillor who has been presented with a petition is to –

(a)    .  .  .  .  .  .  .  .  

(b)    forward it to the general manager within 7 days after receiving it.

(2)    A general manager who has been presented with a petition or receives a petition under subsection (1)(b) is to table the petition at the next ordinary meeting of the council.

(3)    A petition is not to be tabled if –

(a)    it does not comply with section 57 ; or

(b)    it is defamatory; or

(c)     any action it proposes is unlawful.

(4)    The general manager is to advise the lodger of a petition that is not tabled the reason for not tabling it within 21 days after lodgment.

59.   Petitions seeking public meetings

(1)    A petition under section 57 may request that a council hold a public meeting regarding the subject matter of the petition.

(2)    A council must hold a public meeting if the petition complies with section 57 and it is signed by whichever is the lesser of the following:

(a)    5% of the electors in the municipal area;

(b)    1 000 of those electors.

(3)    A petition that requests a public meeting is not to be made in respect of any matter relating to rates and charges in Part 9 if those rates or charges have been made for the current financial year.

60.   Action on petition

(1)    The general manager, by notice in writing to the person who lodged the petition, is to –

(a)    advise whether the petition complies with section 59 , if it seeks a public meeting; and

(b)    give reasonable notice of when the council is to consider the petition.

(2)    Within 42 days after the tabling of the petition –

(a)    the general manager is to advise the council at a council meeting whether the petition complies with section 59 , if applicable; and

(b)    the council, at that meeting, is to determine any action to be taken in respect of the petition.

(3)    If the petition complies with section 59 , or the council otherwise resolves to hold a public meeting regarding the subject matter of the petition, the council, within 30 days after the meeting referred to in subsection (2) , is to hold a public meeting to discuss the subject matter of the petition.

(4)    The council is to record in the minutes of the meeting referred to in subsection (2)  –

(a)    the subject matter of the petition; and

(b)    the number of signatories to the petition.

While not compulsory, this Lodging a Petition Form(DOCX, 47KB)  may assist you in covering off all the required steps to lodge the petition.

Any further queries can be directed to the Governance team on 6430 5700 or email – governance@burnie.tas.gov.au