Who can nominate to stand as a candidate?

Under the Local Government Act 1995, to be eligible to nominate as a candidate for a local government election, the candidate must be an elector of the district (residential or owner/occupier) and over 18 years of age. A person cannot nominate as a candidate if they:

• are a member of the Legislative Assembly, the Legislative Council, the House of Representatives or the Senate (or has been elected as such a member but has not yet taken office)
• are a member of the council of another local government
• are an insolvent under administration
• are in prison serving a sentence for a crime
• have been convicted of a serious local government offence within the last 5 years (unless the court waived the disqualification)
• have been convicted on indictment of an offence for which the indictable penalty was, or included:
• imprisonment for life, or
• imprisonment for more than five years.
• are subject to a court order disqualifying him or her from being a member of a council because he or she has misapplied local government funds or property.
• Are a nominee of a body corporate.

Prior to nominating, all candidates must complete the online candidate induction course from the Department of Local Government, Sport & Cultural Industries website.

How do I nominate as a candidate for Council?

To nominate as a candidate, it is recommended to use the WAEC's Nomination Builder. Watch the step by step video for instructions on how to use Nomination Builder.

To nominate as a candidate for a local government election, the candidate must make a valid nomination application. This consists of:

• a completed nomination form - For elections being run by the WAEC, it is recommended that candidates use Nomination Builder to complete their nomination form and construct their candidate profile.
• a candidate profile (800 characters maximum).
• a deposit of $80, this can be paid by cash or EFTPOS at the Shire Administration Building.
• a photograph (optional).

All nomination applications must be signed by the candidate in front of a witness.

The nomination application must be presented to the Returning Officer at a pre-arranged appointment before 4.00pm on the day of close of nominations, 44 days before election day (Thursday, 7 September 2023).

As the Returning Officer may ask candidates to amend their nomination, it is recommended that candidates ensure that they have allowed sufficient time to finalise any required changes prior to the close of nominations.

The Electoral Commissioner has appointed Wendy Porter as the Returning Officer for the 2023 Shire of Merredin Ordinary Election.

The Returning Officer is available to provide limited assistance for nominations. Queries regarding campaign materials can be directed to the Returning Officer using the below details.

Email: LGro­_Merredin@elections.wa.gov.au

Phone: 0476 079 120

What are the roles and responsibilities of the Elected Members

The Local Government Act 1995 and Regulations provide the legislative framework within which the Elected Members operate and from where they derive specific details of their roles and responsibilities.

In accordance with section 2.10 of the Local Government Act 1995, the role of Councillors is:

1. represents the interests of electors, ratepayers and residents of the district; and
2. provides leadership and guidance to the community in the district; and
3. facilitates communication between the community and the council; and
4. participates in the local government’s decision-making processes at council and committee meetings; and
5. performs such other functions as are given to a councillor by this Act or any other written law.

In accordance with section 2.7 of the Local Government Act 1995, the role of Council is:

1. The council —

1. governs the local government’s affairs; and
2. is responsible for the performance of the local government’s functions.

1. Without limiting subsection (1), the council is to —

1. oversee the allocation of the local government’s finances and resources; and
2. determine the local government’s policies.

Further, information can be found on the Department of Local Government, Sport and Cultural Industries website.

Do candidates have to declare gifts?

Yes, candidates have a duty of disclosure of electoral donations. Candidates and donors are required to disclose any electoral-related gifts promised or received within the six months prior to election day.

Part 5A of the Local Government (Elections) Regulations 1997 - Disclosure of Gifts:

Both candidates and donors to disclose information about any electoral related gift with a value of $300 or more that was given or promised during the disclosure period (being six months before Election Day. Commencing Friday, 21 April 2023).

Electoral gifts

A "gift" means a disposition of property, or the conferral of any financial benefit, made by one person in favour of another.

It can include:

• a gift of money
• a gift which is non-monetary but of value
• a gift in kind or where there is inadequate financial consideration such as the receipt of a discount (where the difference or the discount is worth more than $300)
• a financial or other contribution to travel
• the provision of a service for no consideration or for inadequate consideration
• a firm promise or agreement to give a gift at some future time

It is important to note that a gift could be one or more gifts from the same donor that's combined value is $300 or more.

A "gift" does not include a gift by will; a gift from a relative; a gift that does not relate to the candidate's candidature; or the provision of volunteer labour.

Disclosure of electoral gifts

Both candidates and donors are required to disclose information about any electoral related gift with a value of $300 or more that is given or promised within the disclosure period. It is essential that candidates be aware of this legislative requirement and should advise donors of their reporting responsibilities.

Disclosure period

Within three days of nomination, any candidate in a local government election is required to disclose any gifts received within the disclosure period prior to nomination. The disclosure period commences six months prior to Election Day (Friday, 21 April 2023). Any gift received after nomination is required to be disclosed within three days of acceptance of the gift. Penalties apply $5,000.

The disclosure period finishes three days after Election Day for unsuccessful candidates and on the start day for financial interest returns for successful candidates.

How a disclosure is made

All disclosures are to be made on a LG09A Disclosure of Gifts form and delivered to the Chief Executive Officer within three days of receiving the gift, once your candidate nomination has been made to the Returning Officer.

Donors will also need to disclose any gifts made within the relevant period. Information to be supplied includes the name of the candidate, the name and address of the donor, the date the gift was promised or received, the value of the gift and a description of the gift.

The Chief Executive Officer is required to establish and maintain a public electoral gift register. Disclosures will be removed three days after Election Day for unsuccessful candidates and at the completion of the term of office for successful candidates.

Does campaign material have to be authorised?

A common area or concern for some candidates relates to the authorisation of election campaign material. It is important to note that any material “that is intended, calculated or likely to affect voting in an election” is required to be authorised once the writs have been issued.

The requirements relating to the authorisation of election material apply irrespective of who is publishing the material and whether it is in printed or electronic form.

Any electoral advertisement, handbill, pamphlet or electoral notice (other than an advertisement in a newspaper announcing the holding of a meeting), must have at the end of it, the name and physical street address (not a PO Box number) of the person authorising it. If the material is printed in hard copy, then it must also include the name and place of business of the printer at the foot of the material. This applies unless the advertisement is in a newspaper (in which case the printer is obvious and contactable).

If election material is produced and printed by the one person (eg. using a home computer and printer), then the legislative provisions are satisfied by adding ‘Authorised and printed by (name), (address)’ at the end of it.

Certain small items of a candidate or party promotional nature are exempt from the requirement to carry the authorisation and addresses. These include:

• T-shirts, lapel buttons, lapel badges, pens, pencils or balloons
• Business or visiting cards that promote the candidacy of any person in an election.

Any advertising on the Internet (eg. banner ads) must also be authorised. A website or Facebook site created for electioneering purposes needs to be authorised (on the home or landing page), however individual comments on social media (eg. such as Twitter or Facebook) do not.

Penalties may be applied for non-compliance with the authorisation requirements, as well as for any misleading or deceptive publications

Prior to nomination, candidates must complete a short online induction to be aware of what to expect as an elected member and the rules related to campaigning.

For more information please visit the Department of Local Government, Sport and Cultural Industries website.