Petitions

A petition may be presented to Council through a Councillor or the General Manager.

To be accepted for discussion at a Council meeting, a petition must meet the requirements of Section 57 of the Local Government Act 1993.

Petition Guidelines

These guidelines explain how to prepare and lodge a petition with Burnie City Council so that it can be formally received and considered at a Council meeting.  They should be read in conjunction with Section 57 of the Local Government Act 1993

Please refer to the requirements here:

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.

 

 

Preparing the Petition

To meet the requirements of Section 57 of the Local Government Act 1993, your petition must:

  • Clearly state the subject matter and the action you are requesting Council to take.
  • Be written respectfully and in clear language.
  • Include a heading and a brief statement of the subject matter and requested action on every page before signatures are collected.
  • Ensure each signatory page contains the same statement of subject matter and action requested as shown on the front page of the petition.

Example Petition Form(DOCX, 20KB) available for use.

 

Collecting Signatures

  • Names and addresses must be printed clearly, with each person signing beside their own details.
  • People signing should be aware that their personal information (name, address, and signature) will be included in the Council Meeting Agenda when the petition is tabled, and therefore will be publicly available.
  • Petitions must contain only signatures from people who support the petition.

 

Electronic Petitions

For electronic petitions:

  • The full name and address of the person lodging the petition must be included.

  • A statement must be provided by that person certifying that the subject matter and requested action have not been altered.

Please note: some online petition templates do not comply with the Local Government Act 1993 and cannot be tabled with Council.
For advice, contact the Governance Team at governance@burnie.tas.gov.au before starting an online petition.

 

Lodging your petition

While not compulsory, the form below may assist you in covering off all the required steps to lodge the petition.  

 

Your petition must:

  • Be addressed to the Councillors and General Manager of Burnie City Council.

  • Contain original signatures on every page (not photocopies, pasted, or transferred).

You can lodge your petition by:

  • Handing it to a Councillor, or

  • Delivering or posting it to:
    General Manager
    Burnie City Council
    80 Wilson Street
    Burnie TAS 7320

 

After lodgement

The petition will be reviewed to ensure it meets the legal requirements.

  • If valid, the General Manager will table at the next Ordinary Council Meeting, and it may be referred to Council officers for investigation or a report.
  • If not valid, the person lodging the petition will be advised in writing with the reason provided.

The person nominated on the Lodging a Petition Form will receive a written response outlining Council’s consideration or decision.

 

Additional References

Local Government Act 1993

58. Tabling petition

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.

 

 

More information

For further advice on preparing your petition, contact the Governance Team at Burnie City Council on (03) 6430 5700 or email governance@burnie.tas.gov.au

 

 

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