Author email Graham Hawkes

Proposal for fair representation in the Legislative Council in Western Australia

A re-distribution of electoral boundaries was concluded on 27th November 2019
Reform essential for 2023 re-distribution and 2025 election

Sections of existing Act relevant to proposals




ELECTORAL ACT - REPRESENTATION




16D. Electoral regions, number of and MLCs for

  1. The State shall be divided into 6 electoral regions.
  2. Each region will return 6 members to serve in the Council.





16H. Regions, how State to be divided into
  1. The Commissioners shall divide the State into regions so that those regions generally reflect the recognised communities of interest and land use patterns in the State and so that -
    1. 3 contiguous regions, to be known, respectively, as the North Metropolitan Region (being a region that is generally to the north of the Swan River), the South Metropolitan Region (being a region that is generally to the south of the Swan River) and the East Metropolitan Region (being a region that includes the hills and foothills of the Darling Escarpment) -
      1. each consist of approximately the same number of complete and contiguous districts; and
      2. together form an area that is generally coextensive with the metropolitan area of Perth; and
    2. one region, to be known as the Mining and Pastoral Region, consists of complete and contiguous districts that together form an area that is remote from Perth and in which the land use is primarily for mining and pastoral purposes; and
    3. one region, to be known as the Agricultural Region, consists of complete and contiguous districts that together form an area that is generally south, or south and west, of and adjacent to the Mining and Pastoral Region and in which the land use is primarily for agricultural purposes; and
    4. one region, to be known as the South West Region (being a region that includes coastal and forest areas in the South West of the State), consists of complete and contiguous districts.









  2. In subsection (1) - metropolitan area of Perth means the part of the State that comprises -
    1. the region that was, as at the relevant day, described in the Third Schedule to the Metropolitan Region Town Planning Scheme Act 1959 4; and
    2. Rottnest Island.

No change to Sections below

16M. One vote one value principle, absolute majorities required for Bills affecting
  1. A Bill that repeals or alters any of the provisions of this Part, other than Division 2, section 16G(3) or (4) or section 16L, shall not be presented for assent by or in the name of the Queen unless the second and third readings of the Bill shall have been passed with the concurrence of an absolute majority of the whole number of the members for the time being of the Council and the Assembly, respectively.
  2. A Bill assented to consequent upon its presentation in contravention of subsection (1) shall be of no effect as an Act.
CONSTITUTION ACTS AMENDMENT ACT
5. Constitution of Legislative Council

The Legislative Council shall consist of 36 elected members who shall be returned and sit for electoral regions.
18. Constitution of Legislative Assembly
The Legislative Assembly shall consist of 59 elected members who shall be returned and sit for electoral districts.
Alternative draft - 1
Retains descriptions of the regions, the number of districts that may be in each and reference to the Metro boundary.


ELECTORAL ACT AMENDMENT ACT


Section 16D of the principal Act is repealed and the following section is substituted -
16D. Electoral regions, number of and MLCs for
  1. The State shall be divided into eight electoral regions.
    1. Six regions will each return five members to serve in the Council and,
    2. two regions will each return three members to serve in the Council.
Section 16H of the principal Act is repealed and the following section is substituted -
16H. Regions, how State to be divided into
  1. The Commissioners shall divide the State into regions so that those regions generally reflect the recognised communities of interest and land use patterns in the State and so that -
    1. six contiguous regions,
      1. each consist of eight or nine complete and contiguous districts; and
      2. together form an area that generally includes the metropolitan area of Perth and coastal and forest areas in the South West of the State; and
      3. regions to be known, respectively, as the North Metropolitan Region (being a region that is generally to the north of the Swan River), the South Metropolitan Region (being a region that is generally to the south of the Swan River), the East Metropolitan Region (being a region that includes the hills and foothills of the Darling Escarpment), the Central Metropolitan Region (being a region generally in the centre of the metropolitan area of Perth), the South East Metropolitan Region (being a region that is generally south and east of the metropolitan area of Perth) and the South West Region (being a region that generally includes southern parts of the metropolitan area of Perth and coastal and forest areas in the South West of the State); and
    2. one region, to be known as the Mining and Pastoral Region will return three members to serve in the Council and consist of four or five complete and contiguous districts that together form an area that is remote from Perth and in which the land use is primarily for mining and pastoral purposes; and
    3. one region, to be known as the Agricultural Region will return three members to serve in the Council and consist of four or five complete and contiguous districts that together form an area that is generally south, or south and west, of and adjacent to the Mining and Pastoral Region and in which the land use is primarily for agricultural purposes.

  2. In subsection (1) - metropolitan area of Perth means the part of the State that comprises -
    1. the region that was, as at the relevant day, described in the Third Schedule to the Metropolitan Region Town Planning Scheme Act 1959 4; and
    2. Rottnest Island.
Alternative draft - 2
Names of the regions to be decided by the Electoral Distribution Commissioners, provides a formula to decide the number of districts in each region and removes reference to the Metro boundary.

ELECTORAL ACT AMENDMENT ACT


Section 16D of the principal Act is repealed and the following section is substituted -
16D. Electoral regions, number of and MLCs for
  1. The State shall be divided into eight electoral regions.
    1. Six regions will each return five members to serve in the Council, and
    2. two regions will each return three members to serve in the Council.
Section 16H of the principal Act is repealed and the following section is substituted -
16H. Regions, how State to be divided into
  1. The Commissioners shall divide the State into regions so that those regions generally reflect the recognised communities of interest and land use patterns in the State and so that -
    1. six contiguous regions each consist of complete and contiguous districts, and
    2. two contiguous regions each consist of complete and contiguous districts will each return three members to serve in the Council and will include but are not limited to districts in which under Section 16G (3) and (4) the large district allowance is applied, and
    3. each are named in recognition of existing or historic descriptions or following suggestions received under Section 16F. [Amendment of S16F(2)(d)&(4) may be required]

  2. In a region the number of districts will match, as nearly as practicable, the product of the number of members to serve in the Council in that region and the ratio between the total number of members in the Assembly and the total number of members in the Council.


Outline of proposal for fair representation in the Legislative Council in Western Australia

Overview
  • All boundaries to be drawn by the independent WA Electoral Distribution Commissioners,
  • allow flexibility about the boundary of the metropolitan area of Perth in re-distributions,
  • retain the existing numbers of Members in both Houses, and
  • create more equitable representation.

  • Names of regions in the proposals are similar to the existing ones but the law could have the Electoral Distribution Commissioners choose names such as Aboriginal, notable Western Australians or others as happens for Federal electoral divisions.
  • Lower enrolments exist to assist electors in large Legislative Assembly districts. This benefit automatically applies as districts are grouped into Legislative Council regions.
  • Below is a table of the existing system for comparison.
The proposal includes an estimate of possible election results, however many things are unpredictable;
  • districts have altered boundaries,
  • people may vote differently and
  • the presence or arrangement of ticket votes is unkown.
Comparison
Existing six regions for Legislative Council
regionMsLC
per region
Number of
MsLA/districts
East Metro614
North Metro614
South Metro615
South West68
Agricultural6* 4
Mining and Pastoral6* 4
* In some large districts lower enrolments are permitted.
[LDA - large district allowance]

Metro:Country average = 3:1, worst case = 5.9:1
Eight regions for Legislative Council
regionNumber of MsLC
per region
Number of
MsLA/districts
Central Metro58 or 9
East Metro58 or 9
North Metro58 or 9
South Metro58 or 9
South East Metro58 or 9
South West58 or 9
Agricultural3* 4 or 5
Mining & Pastoral3* 4 or 5
* In some large districts lower enrolments are permitted. [LDA - large district allowance]
  • In Victoria the Legislative Council is elected by proportional representation from 8 equal enrolment divisions, each returning 5 Members. A similar arrangement could suit the WA Legislative Council with adaptation for large districts in remote areas and the existing number of Members in each House.
  • The proposal is that Parliament add two regions to have six regions represented by five MsLC each and have two regions represented by three MsLC each. Districts already have equitable enrolments which includes an allowance for large districts *. The number of districts in each region to be in balanced proportion to the number of MsLC as shown in the table.
  • The metropolitan regions of 5 MsLC each would contain about 6 fewer districts than the existing system.
  • The 3 regions outside the metro area would remain much the same as now. South West region with 8 districts and the 2 regions with 3 MsLC each would each contain about 4 districts.
  • To be elected from a region with 5 MsLC would require 16.67% of votes and with 3 MsLC, 25%.
  • Precise equality cannot be created with the existing numbers of Members in each House. The numbers in the table approach equality. e.g. In regions with 5 MsLC; 9 districts = +9.8%, 8 districts = -2.4% and in regions with 3 MsLC; 5 districts = +1.7%, 4 districts = -18.6% or -14.7% if * LDA included.
  • Restores odd numbers to be elected which ensures a majority of votes will win a majority of seats.
Possible results based on 2017 and 2013 elections
Year-PartyALPGRNLIBLDNATPHONSFF
2017 election 14 4 9 1 4 3 1
2017 estimate 16 4 11 0 3 2 0
2013 election11 2 17 0 5 0 1
2013 estimate 14 1 19 0 2 0 0
Year-PartyALPGRNLIBFFPNATONCDP
2008 election 11 4 16 0 5 0 0
2008 14 4 15 3


Go back to overview of several proposals for fair representation in the Legislative Council in Western Australia
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