Question regarding complaints received by the WAEC relating to incorrectly authorised election material in Local Government elections between 2008 and 2012. The answer details the number of complaints, a breakdown by council, and actions taken.

AnsweredQoN 7602Legislative Assembly
Asked
27 March 2012
Portfolio
Electoral Affairs

QuestionView source ↗

In relation to Local Government elections held in Western Australia, I ask:
(a) what is the total number of complaints received by the Western Australian Electoral Commission (WAEC) in relation to alleged breaches of the
Local Government Act 1995
where the allegation is that election material was not correctly authorised, for every Local Government election held between January 2008 and March 2012; and
(i) will the Minister provide a breakdown of the total number of complaints of this type against the relevant Local Government elections;
(ii) in how many cases were charges laid or disciplinary action instigated; and
(iii) in how many subsequent prosecutions have the WAEC been successful?

AnswerView source ↗

Answered
1 May 2012
Responded by
Minister representing the Minister for Electoral Affairs
Response time
35 days
(a)  The Western Australian Electoral Commission received 38 complaints during the 2009 Ordinary Local Government elections relating to election material not being correctly authorised.
The Commission also received 38 complaints for the 2011 Ordinary Local  Government Elections relating to electoral material not being correctly authorised.
Under the
Local Government Act 1995
(the Act) the Commission is responsible for  conducting postal elections. In person elections are usually administered by the  Department of Local Government and individual Chief Executive Officers, and  complaints relating to those elections would be made to them in the first instance. On  rare occasions the Commission conducts in person elections. For example in  2011 the  Commission conducted 76 (74 postal and two in person) elections out of  a total of 137 local government elections.
(i) 2011 Break Down = 38
Bayswater 10
Bridgetown-Greenbushes 4
Broome 4
Bunbury 1
Canning 2
Cottesloe 1
Donnybrook-Balingup 1
Joondalup 2
Mundaring 2
Melville 1
Nedlands 5
Perth 3
Vincent 1
York (Not WAEC election) 1
2009 Break Down = 38
Ashburton 1
Bassendean 2
Belmont 1
Broome 1
Busselton 1
Cambridge 1
Collie 1
Cottesloe 1
Denmark 3
Fremantle 3
Geraldton-Greenough 1
Joondalup 5
Kalamunda 3
Melville 1
Shark Bay 1
South Perth 2
Stirling 4
Swan 4
York (Not WAEC election) 1
Wanneroo 1
(ii) No charges were laid for any of the above elections. Section 4.87 of the Act states that electoral material to be properly authorised must state the name and address of the person who authorised the material and the name and address of the printer. The Commission's standard practice is to instruct the person responsible to cease its distribution and to ensure any further material is correctly authorised. If the advertisement has been placed in a newspaper unauthorised the Commission also directs the person responsible for the advertisement to put an apology in the next addition of the newspaper stating that they were responsible for the unauthorised electoral material.
(iii) Not applicable.
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