YUENDUMU COMMUNITY GOVERNMENT SCHEME (Repealed)

This reprint shows the Community Government Scheme as in force at 17 March 2004. Any amendments that may come into operation after that date are not included.

The name of this scheme is the Yuendumu Community Government Scheme. (See back note 1)

"candidate" means a person who has been nominated and accepted, under clause 18, as a candidate for election to the council and who has not withdrawn his or her consent to the nomination before the close of nominations;

"clerk", for the purposes of Part 3 except clauses 38 and 39, includes the Electoral Commission and a person appointed to conduct an election under clause 38;

"election day" means a day specified in or fixed under clause 15 for the holding of an election;

"elector" means a person enrolled or entitled to be enrolled on the electoral roll;

"member" means a member of the council and includes its President and Vice-Presidents and a person authorised under clause 8(7);

"ordinary member" means a person, other than the President, elected or appointed to the council;

"polling place" means a place set aside under clause 22 for the purpose of an election;

The community government area to which this scheme applies are all those parcels of land near Yuendumu and Chilla Well in the Northern Territory of Australia outlined on the plan in the Schedule, containing an area of 22 142 km2 more or less being Northern Territory Portions 1373, 1633, 3745 and part of Northern Territory Portions 1739 and 1740 bounded by lines commencing at the south west corner of Northern Territory Portion 3745 then by lines 360o 95 583 metres, 90o 194 252 metres, 180o 18 453 metres, 270o 16 077.5 metres, 180o 73 953 metres, 270o 16 093.5 metres, 360o 6437.5 metres, 270o 31 243 metres, 180o 25 959.5 metres, 90o 22 531 metres, 180o 24 340.9 metres, 270o 8058.39 metres, 180o 44 248.65 metres, 270o 43 551 metres, 180o 6393.5 metres, 270o 47 847.5 metres, 360o 4828 metres, 270o 38 031 metres, 14o 44' 3309.5 metres, 21o 4' 30" 24 270.5 metres, 90o 91 732.5 metres, 360o 54 266 metres, 270o 42 455.5 metres, 360o 15 883 metres, 270o 16 101.5 metres, 180o 9656 metres, 270o 58 469.5 metres more or less to the point of commencement.

The name of the community government council which administers the community government area is the Yuendumu Community Government Council.

The common seal of the council shall contain the words "Yuendumu Community Government Council" and "Common Seal".

who shall be declared, elected or appointed in the manner provided by this scheme.

(2) The council shall also have a Senior Vice-President and a Junior Vice-President who shall be appointed or elected in accordance with clause 7(2).

(3) Subject to this scheme, the term of office of a member expires upon the declaration of the result of the next election (other than a by-election).

(4) The office of a member becomes vacant if the member ceases to be enrolled as an elector or, unless the member is a traditional owner, ceases to be ordinarily resident in the community government area.

(1) Subject to clause 37, the President shall be declared or elected in accordance with clause 19.

(a) where the ordinary members are declared under clause 20(1), the Senior Vice-President and the Junior Vice-President shall be elected by the council from amongst its own members; and

(i) the Senior Vice-President will be the member who receives the highest number of votes and the Junior Vice-President will be the member who receives the next highest number of votes;

(ii) where 2 or more members have equality in the highest number of votes, the Senior Vice-President and the Junior Vice-President shall be elected in that order by the council from those members having the equality of votes; or

(iii) where 2 or more members have equality in the next highest number of votes and subparagraph (ii) does not apply, the Junior Vice-President shall be elected by the council from those members having the equality of votes.

(3) Any election for a Vice-President under subclause (2) shall be held by the council at its first meeting after a general election of council members and, after that, as may be required.

(4) The President may resign from office at any time in accordance with section 264 of the Local Government Act.

(5) The Senior Vice-President or Junior Vice-President may resign at any time by giving notice in writing to the clerk, and shall vacate office if he or she ceases to be a member of the council.

(6) The Senior Vice-President (or, in the absence of the Senior Vice-President, the Junior Vice-President) shall act as President during any vacancy in that office and shall also perform the functions, exercise the powers and discharge the duties of the President when the President is absent from the community government area or a meeting of the council.

(1) The council shall meet to transact its business not less than once each month.

(2) The date and time of a council meeting shall be as decided by a previous meeting or, in default of that, by the clerk or, where necessary, the Minister or a person authorised by the Minister for that purpose.

(3) The President may call a special meeting of the council by giving at least 2 days notice to the members.

(4) By giving the President notice in writing requesting a special meeting of the council and stating the reasons for the request –

may require the President to call a special meeting of the council, and the President shall call that meeting for a date not later than 7 days after the day on which the notice is received, and shall notify the members accordingly.

(5) Where, under subclause (3) or (4), a special meeting is to be held, the clerk shall notify the members and shall cause written notice of the special meeting to be displayed at the office of the council and at the store within the community government area.

(6) A notice under subclause (5) shall specify the date, time and place of the special meeting and the reason for it being called.

(7) A member proposing to be absent from a meeting of the council may authorise in writing and elector to attend the meeting in his or her place and, subject to and in accordance with any restrictions or instructions specified in the authorisation, to exercise the member's powers at the meeting (including the power to vote) on the member's behalf.

the clerk shall declare that person to be no longer a member, and the office to be vacant.

Meetings of the council shall be open to persons who are not members or officers of the council unless the council determines that a meeting, or part of a meeting, is to be closed.

(1) Meetings of the council shall be presided over by the President, or, where the President is absent, by the Senior Vice-President, or, where both persons are absent, by the Junior Vice-President or, where all are absent, a member chosen by the other members present.

(2) Subject to any standing orders made from time to time by the council, the council shall determine its own procedure for meetings.

(4) The quorum for a meeting of the council shall be a majority of the members then in office.

(5) Questions before a meeting of the council shall be decided by a majority of the votes of the members then in office and, in the event of an equality of votes, the matter shall be taken to have been defeated.

(a) the establishment, development, operation and maintenance of communication, television, and radio broadcasting facilities for the community government area, and in so doing the Council may enter into a contract with Telecom Australia to act, for reward, as its agent;

(b) the establishment and maintenance of parks, gardens and recreational areas and the carrying out of landscaping and other associated works;

(c) the establishment and maintenance of sports facilities, swimming pools, libraries, and museums, cinemas, community halls, social clubs, public toilets, and ablution blocks;

(d) the provision of services for the collection and disposal of garbage, the maintenance of particular places where garbage is to be dumped, the control of litter generally, the provision and maintenance of sanitation, sewerage, drainage and water supply facilities, the maintenance of septic tanks and the removal of health hazards;

(e) the collection, as an agent and for reward, of electricity, water and sewerage charges;

(f) the receipt of money, grants or gifts of property paid or made to the council;

(h) the provision and maintenance of housing for residents and their families on such terms and conditions as the council thinks fit;

(j) the management of community employment programs and the carrying out of agency duties for the Department of Social Security;

(k) the promotion and provision of community welfare, health and care facilities for all age groups;

(q) the development and maintenance of roads within the community government area (including the provision of street lighting and traffic control devices) and, for reward, the development and maintenance of roads outside the community government area;

(s) the hiring out, for reward, of any vehicle, plant, appliance or equipment belonging to the council and the repair and maintenance, for reward, of any vehicle, plant, appliance, or equipment not owned by the council;

(t) the contracting of works projects (including the provision of services and the maintenance of capital works and undertakings) within or outside the community government area;

(w) the establishment and maintenance of a firefighting service, including the acquisition of property and equipment and training of personnel for the service, and the protection of the community government area from fire;

(y) the management and control of sites of historic interest, the promotion and development of tourist attractions, the provision and maintenance of tourist facilities and the production and selling of artefacts and souvenirs; and

(z) the support and encouragement of artistic, cultural and sporting activities.

(2) Without limiting the power of the council to establish committees under section 61, 62, or 63 of the Local Government Act (by virtue of section 267A of that Act), the council may establish a committee to provide a forum for the expression of the views of, and the co-ordination of the activities of, those organisations in the community government area which agree to join the committee, and for this purpose the council may –

(1) The council has power to do all things necessary or convenient for the performance of its functions including the orderly running and control of the community government area.

(2) Subject to subclause (3), all land within the community government area is ratable, and the council may declare and levy rates in relation to it for the purpose of raising revenue for the performance of its functions.

(3) Land is not ratable by virtue of subclause (2) if it is land of a description which would be exempt from rating by a council of a municipality under section 97 of the Act.

(4) Liability for the payment of rates declared by virtue of subclause (2) shall be determined in accordance with section 122 of the Act, and all other provisions with respect to rates contained in the Act or regulations made under it shall, to the extent that they are capable of doing so and with any necessary changes, apply to and in relation to rates so declared.

(5) Without prejudice to the powers of charging conferred on the council by section 272(2) of the Act, charges are payable by reason of a person's residence in the community government area, or his or her carrying on a business in the area or having an interest in ratable land in the area, whether that person uses any service provided or not, and all other provisions with respect to charges contained in the Act or regulations made under it shall, to the extent that they are capable of doing so and with any necessary changes, apply to and in relation to charges so declared.

(6) The council may exempt persons, or any class of persons, from all or part of the charges for which they would otherwise have been liable by virtue of this clause.

(7) The council may, where a group gives its consent, take control of and manage activities of that group which are consistent with the council's functions.

(8) The council may contract with the Territory or other person in order to perform any of its functions.

(a) is enrolled or is eligible to be enrolled as an elector within the meaning of the Electoral Act; and

(i) has ordinarily resided in the community government area for not less than 6 months continuously immediately before the closure of the rolls under clause 14(4); or

(ii) is a traditional owner in respect of land in the community government area, whether or not ordinarily resident in the area.

(1) The clerk shall maintain, by such means as is thought fit (including by electronic means or the use of a roll under the Electoral Act), an electoral roll of the full names and addresses of persons who are eligible to vote at elections.

(2) A resident or a traditional owner may inspect the electoral roll at the office of the council when it is open.

(3) A person who is otherwise eligible but is not enrolled may apply for enrolment in such manner as the clerk approves.

(4) The clerk shall close the electoral roll at 12 noon on the day occurring 21 days before election day.

(5) Except as provided by clause 26(2) or to correct an oversight in the making up of the electoral roll, the clerk shall not add any name to the roll in the period between its closure and the conclusion of the election.

(2) The first election shall be held on Thursday, 28 April 1994, and subsequent elections shall be held on a Thursday in April to be fixed by the council in every third calendar year after the end of that year or, where an election is held under clause 39, in April in every third calendar year after the date of that election.

(1) The clerk shall give not less than 28 days notice before an election day that an election is to be held.

(2) An election notice shall be prominently displayed at such places in the community government area as the clerk considers likely to reasonably ensure that all residents who are eligible to vote have notice of the election.

(b) the persons who may nominate other persons, and who may be nominated, as candidates;

and shall also contain a statement that only persons whose names are on the electoral roll are entitled to vote at the election.

(1) A person is eligible for nomination as a member of the council if he or she –

(i) has ordinarily resided in the community government area for not less than 1 year continuously immediately before nomination; or

(ii) is a traditional owner in respect of land in the community government area, whether or not ordinarily resident in the area.

(2) A person who is enrolled under clause 14 may, by lodging a written nomination with the clerk, nominate another person for election as the President or as an ordinary member, or both.

(b) that the proposed candidate is eligible under subclause (1) to be nominated and has consented to the nomination,

and unless the clerk is supplied with such number of copies as the clerk may require of a recent photograph of the proposed candidate, being a photograph which is suitable for the purposes of display under subclause (6) and clause 22(3).

(4) A candidate may withdraw consent to his or her nomination at any time before the close of nominations.

(5) Nominations of candidates for election shall close at 12 noon on the day occurring 14 days before election day.

(6) As soon as practicable after nominations have closed the clerk shall display a list of the names of the candidates, together with a photograph of each of them, in the same places as the election notice.

(1) Where at the close of nominations under clause 18(5) only 1 person has been nominated for election as President –

(a) the clerk shall declare that person to be President and display a notice to that effect in the same places as the election notice; and

(b) by virtue of that declaration, any nomination of that person for election as an ordinary member shall lapse for all purposes.

(2) Where at the close of nominations under clause 18(5) more than 1 person has been nominated for election as President, an election to decide which of the persons nominated shall be the President shall be held on election day.

(3) If a candidate dies between the close of nominations and election day and the effect is to reduce the number of candidates to 1, subclause (1) shall apply as if the candidate had withdrawn before the close of nominations.

(1) Where, at the close of nominations under clause 18(5) the number of candidates nominated for election as ordinary members of the council (disregarding any nomination that has lapsed) does not exceed 12, then –

(a) if they have all been nominated only for election as ordinary members, the clerk shall declare them all to be ordinary members; or

(b) if 1 or more of them has also been nominated for election as President, the clerk shall, after holding the election for that office under clause 19(2), declare all persons nominated, other than the person who has been elected President, to be ordinary members.

(2) Where, at the close of nominations under clause 18(5) the number of candidates nominated for election as ordinary members (disregarding any nomination that has lapsed) exceeds 12, an election to decide 12 ordinary members shall, subject to subclause (3), be held on election day.

(3) Subclause (2) shall not require the holding of an election to decide ordinary members if –

(a) the candidates include persons who have also been nominated for election as President; and

(b) the number of them remaining as candidates for ordinary membership will not exceed 12 after holding the election for President under clause 19(2),

but instead, after holding the election under clause 19(2), the clerk shall declare that those remaining as candidates for ordinary membership are to be ordinary members on and from election day.

(4) A declaration by the clerk under this clause shall be made by a notice which shall be displayed in the same places as the election notice.

(5) Where both the President and the members of the council are declared under subclause (1) and (3) respectively, the clerk shall –

(a) in addition to displaying the notices required under subclause (4), display in the same places as those notices a notice informing voters that no election will be held on the day specified in the election notice; and

(b) shall, within 10 days, send a copy of all notices issued under this clause to the Minister.

(6) If a candidate dies between the close of nominations and election day and the effect is to reduce the number of candidates to the number of members required, subclause (1) shall apply as if the candidate had withdrawn before the close of nominations.

(1) Where an election is to be held under clause 19(2) and/or 20(3), the clerk shall cause to be prepared or printed in sufficient numbers for the purposes of the election tokens for use by those voting in person and ballot-papers for use in postal voting.

(2) Where ballot-papers are required for use in postal voting the names of candidates shall be set out in the order determined by the clerk by ballot.

(2) The polling place shall have within it a voting area in which a voter is able to cast his or her votes without being observed otherwise than by a polling official.

(3) The clerk shall provide in a voting area, for each candidate, a container clearly marked with the name of the candidate which shall be placed in front of or below a photograph of the candidate supplied in accordance with clause 18(3).

(4) The container shall have a securely fitted or fastened lid and have a slit in the upper side through which voting tokens may be put into the container.

(1) Subject to subclause (2), the clerk may, by notice in writing, appoint polling officials to assist in conducting an election.

(2) The clerk shall not appoint a member of the council, a candidate, or a spouse or de facto partner of a member or candidate, to be a polling official.

(1) Each candidate may, by notice in writing, appoint persons to be scrutineers for the candidate for the purposes of the election.

(2) One scrutineer for each candidate is entitled to remain in the polling place with the clerk or polling officials to observe the conduct of the voting and counting of votes.

The clerk shall ensure that the polling place is open and remains open for voting between the hours of 9 am and 1 pm on the day of an election.

(1) Subject to subclause (2), a person whose name appears on the electoral roll shall vote and a person whose name does not appear on the roll shall not be entitled to vote at an election.

(2) Where the clerk is satisfied that a person whose name has not been entered on the roll is eligible under clause 13 to vote the clerk shall, upon the person signing a declaration that an application for enrolment was made before the closure of the roll under clause 14(4) –

The clerk or polling official shall, immediately before the polling place is opened for voting, demonstrate to a person who is eligible to vote but is not a candidate that there are no voting tokens in any of the voting containers.

A voter, and any person assisting the voter under clause 29(6), other than the clerk, a polling official or scrutineer, shall remain in the polling place only for the time necessary to vote.

(1) A voter shall state his or her name to the clerk or polling official, who shall –

(b) if a line has not been drawn through that name, draw a line through it and hand the voter 1 voting token for President if there is to be an election for President and 12 voting tokens for the election of ordinary members if there is to be an election for ordinary members.

(2) After the clerk or official hands the voting tokens to a voter, the voter shall go into the voting area and vote for 1 candidate for President and/or 12 candidates for ordinary members of the voter's choice by placing one of the tokens in the container relating to each chosen candidate.

(5) Subject to subclause (6), no person other than a voter who has been issued with a voting token shall vote with the token.

(6) Where the clerk or official in charge of the polling place is satisfied that a voter is, for any reason, unable to vote without assistance, the voter may appoint a person to assist him or her, and the clerk or official shall permit that person to accompany the voter into the voting area and vote on his or her behalf.

(b) will be absent from the community government area during the hours when the polling place will be open; or

(2) An application in writing for a postal ballot-paper shall give an address to which the ballot-paper may be posted or delivered by hand in a sealed envelope.

(3) Where, before election day, the clerk receives an application for a postal ballot-paper and the name of the applicant is on the electoral roll, the clerk shall –

(a) hand or send to the applicant a ballot-paper, initialled by the clerk, together with a self-addressed envelope marked with the words "Ballot-paper"; and

(b) write the letters "PBP" against the name of the applicant on the electoral roll.

(4) Where a person who has applied for a postal ballot-paper receives the ballot-paper, he or she shall vote by placing on it an "X" in the box opposite the name of 1 candidate of his or her choice in an election for President and an "X" in the boxes opposite the names of 12 candidates of his or her choice in an election for ordinary members.

(5) After an applicant for a postal ballot-paper has voted, the ballot-paper is to be returned in the marked self-addressed envelope to the clerk.

(6) Where the clerk, on or before 1 pm on election day, receives an envelope apparently containing a postal ballot-paper the clerk shall retain the envelope unopened and in safe custody until the counting of votes.

(7) Where the clerk, after 1 pm on election day, receives an envelope apparently containing a postal ballot-paper, the clerk shall mark the envelope "rejected" and the votes on that ballot-paper shall not be counted.

(1) After 1 pm on election day and as soon as voting has finished, the clerk and polling officials shall, in the presence of a scrutineer or at least one other person who is eligible to vote but is not a candidate –

(a) open any postal ballot-papers retained by the clerk under clause 30(6) and, subject to subclause (2), count and record the number of postal votes received by each candidate; and

(2) In carrying into effect subclause (1)(a), the clerk shall set aside as an informal vote any ballot-paper where the voter has voted for more than 1 candidate in an election for President or for more than 12 candidates in an election for ordinary members, or has failed to make his or her intentions clear; but a paper shall not be set aside by reason only that the voter has marked it otherwise than in accordance with clause 30(4), or has voted for fewer than 12 candidates in the election for ordinary members.

(3) After counting, voting tokens shall be replaced in the container from which they came.

(4) The clerk shall, immediately after counting the votes, sign a certificate stating –

(e) the number of postal ballot-papers issued by the clerk, the number of them included in the count and the total number of informal votes.

(1) The clerk shall, as soon as practicable after the votes have been counted, declare the result of the election by a notice displayed in the same places as the election notice is or was displayed.

(a) a list of the candidates for election as President or ordinary members stating the number of votes received by each candidate; and

(b) subject to subclause (3), a statement declaring the candidate for President with the most votes elected as President, and the 12 candidates for ordinary membership with the most votes elected as ordinary members.

(3) To the extent that compliance with subclause (2)(b) is impossible because of an equality of votes between 2 or more candidates in the election for President or, as the case may be, ordinary members, the clerk shall arrange for lots to be drawn to decide which of them shall be declared elected, and the notice required by subclause (1) shall contain a statement that the successful candidate or candidates was or were selected by lot.

Not more than 10 days after an election day, the clerk shall forward to the Minister –

(1) The clerk may, if the clerk thinks it desirable or on the written request of a candidate, re-count the votes at any time before a candidate is declared to be elected.

(2) Request under subclause (1) shall contain a statement of the reasons for the request.

(1) After the counting of the votes has been completed, the clerk shall keep the postal ballot-papers in a sealed package unopened for 1 month and shall then destroy that unopened package.

(2) After the counting of the votes has been completed and the relevant candidates declared elected, the clerk shall keep the voting tokens in a secure place.

(1) If it appears to the clerk to be necessary or desirable to do so by reason of –

(c) any other event which, in the opinion of the clerk, may temporarily prevent or discourage significant numbers of voters from voting on a day set aside for an election,

the clerk may adjourn polling at an election from day to day to a maximum of 21 days.

(2) The clerk shall take such steps as the clerk considers necessary and practicable to inform persons entitled to vote of an adjournment under subclause (1).

(3) Where polling has been adjourned under subclause (1), clause 30(6) and (7) and clause 31(1) shall have effect as if the reference to election day were a reference to the day on which voting is finally concluded.

(1) Subject to clause 39, where the office of President becomes vacant for any reason a by-election will be held to fill the vacancy unless it arises within 6 months of the next general election in which case the council may appoint either of the Vice-Presidents or another member to fill the vacancy.

(2) Where the office of an ordinary member becomes vacant for any reason, a person who –

(a) was the highest polling unsuccessful candidate in the most recent election (including a by-election); and

a by-election for the vacant office shall be held in accordance with this clause unless an election is required, under clause 15, to be held within the 3 month period following the date the office became vacant.

(4) Where a by-election is to be held under sub-clause (1) or (3) the provisions of this scheme, with any necessary changes, shall apply to the conduct of that election.

Where a new council is to be elected under this scheme and the clerk is also a member of the existing council, the Minister may appoint another person to perform the functions of the clerk in relation to that election.

(1) If all members of the council cease to be members, or a quorum is not present on 2 consecutive occasions at the place and within 1 hour after the time specified for a council meeting, the clerk shall be deemed to constitute the council for the purposes of –

(2) Subject to this scheme, when the clerk determines under subclause (1)(a) the date of an election of a new council, the date determined shall be as soon as is practicable, and in any case not later than 3 months after the event giving rise to the determination.

(3) Notwithstanding subclause (2), if the period of 3 months referred to in that subclause expires during the month of April in which a general election of members would otherwise be held, the clerk shall determine the date of the election to be on a day of that month.

(4) The term of office of a council elected under subclause (2) shall expire on the declaration of the result of the next election (not being a by-election) held pursuant to clause 15(2).

(5) For the purposes of exercising a power of the council in pursuance of subclause (1)(b), the clerk shall appoint a person whose name appears on the electoral roll as an assistant to the clerk.

1. The Yuendumu Community Government Scheme, under the Local Government Act and amendments made by other legislation, the details of which are specified in the following table:

Scheme	Date of approval	Date notified in the Gazette	Date of commencement
Original	20 Oct 1993	29 Oct 1993	29 Oct 1993
Act No. 1, 2004	–	–	17 Mar 2004 (b)
Act No. 12, 2004	–	–	15 Mar 2004 (a)

(a) See section 2, section 2 of the Electoral Act 2004 and Gazette S6, dated 15 March 2004.

Northern Territory Repealed Regulations

YUENDUMU COMMUNITY GOVERNMENT SCHEME