Scheme

The Community Government Scheme explains how the Council runs. This includes the area of governance, how elections are held and the role of elected members within the council and the functions and powers of the council.

The following is a link to the Northern Territory Legislation Database where the most up to date Daguragu Community Government Scheme can be downloaded as a PDF of RTF document. Click here or read on for an overview of the Scheme.

The Daguragu Community Government Scheme came into force at 21 October 1991. This scheme repeals and replaces the Daguragu Community Government Scheme approved on 11 October 1988 by the Minister for Labour, Administrative Services and Local Government.

Community Government Area

The community government area is administered by the Daguragu Community Government Council. The area governed covers approximately 4,320 hectares of land in and around the Town of Kalkaringi in the Northern Territory.

Members of Council

The council consists of 12 members who are declared, elected or appointed in the manner provided by this scheme for a term of office that expires immediately before the next election day.

To read more about the current members of the Daguragu Community Government Council, select the following link.

Elected Members

Eligibility for Membership

A person is eligible for nomination as a member of the council if he/she is enrolled as a voter, has lived in the community government area continuously for a period of at least 2 years before his/her nomination or is a non-resident traditional owner of the area.

The office of a member becomes vacant if the member ceases to be enrolled as a voter or (if they are not a traditional owner) ceases to live in the community government area.

President and Vice-President of Council

The Council has a President and a Vice-President, who are elected by the members at the council's first meeting after its election and whenever else may be necessary.

The President and Vice-President can resign at any time by giving notice in writing to the clerk and either position will become vacant if its holder ceases to be a member of the council.

If the President's position becomes vacant, the Vice-President acts in his position and may also perform functions, exercise powers and discharge the duties of the President when he/she is absent from the community government area or any meeting of the council.

Meetings of Council

The council must hold at least one meeting per month. The date and time of a council meeting is decided either at a previous meeting, by the clerk or by the Minister for Local Government.

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

A minimum of 3 members or 6 electors, may seek a special meeting of the council, in writing and stating the reasons for the request. The President must then call the meeting no later than 7 days after the request and members are notified accordingly.

When a special meeting is to be held, the clerk must display a written notice of the meeting in a place that he considers likely to be frequented by residents.

A member proposing to be absent from a meeting of the council may authorise an elector to attend the meeting in his/her place to exercise the member's powers at the meeting (including the power to vote) on the member's behalf.

Where a member is absent from 3 consecutive meetings of the council, without the prior consent of the council or for reasons that the council does not accept as satisfactory, the council may declare that he/she is no longer a member and the office becomes vacant.

Meetings to be Open

Meetings of the council are open to the public, unless the council determines that a meeting, or part of a meeting, is to be closed.

Procedure at Meetings of Council

Meetings of the council are presided over by the President, or in his absence, the Vice-President. If both of them are absent, a member chosen by the other members will Chair the meeting.

The council determines its own procedure at meetings subject to any standing orders it may make from time to time.

The council keeps a record of its proceedings. To view the current Minutes of Council meetings select the following link.

The quorum for a meeting of the council is the majority of members then in office.

Matters at a council meeting are decided by a majority of the votes of the members then in office and, in the event of an equality of votes, the matter is defeated.

Functions

The council may perform the following functions:

• the establishment, development, operation and maintenance of communication facilities for the community government area and in so doing the council may enter into a contract with the Australian Telecommunication Commission to act, for reward, as the agent of the Commission;

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

• the establishment and maintenance of sports facilities, libraries, a cinema, community halls and public toilet and ablution blocks;

• the provision of a service for the collection and disposal of garbage, the maintenance of a particular place where garbage is to be dumped, and the control of litter generally;

• the provision and maintenance of sanitation facilities and the removal of health hazards;

• the provision and maintenance of sewerage, drainage and water supply facilities;

• the supply of electricity by contracting with a government department or statutory authority responsible for providing electricity, and acting, for reward, as an agent in respect of the collection of electricity charges;

• the provision of adult education and vocational and other training;

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

• the provision of relief work for unemployed persons;

• the promotion and provision of community welfare, health and care facilities for all age groups within the community government area and the provision of appropriately trained staff to provide counselling or temporary assistance;

• the maintenance of a cemetery;

• the control or prohibition of animals within the community government area;

• 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;

• the maintenance of the Kalkaringi airstrip and facilities related thereto;

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

• the contracting of works projects, within or outside of the community government area;

• the establishment and operation of pastoral and commercial enterprises;

• the selling of petroleum products;

• 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;

• the promotion and development of tourist attractions and facilities within the community government area;

• the production of and selling of artefacts and souvenirs;

• the management and control of sites of historic interest;

• the maintenance and preservation of Aboriginal law and custom; and

• the support and encouragement of artistic, cultural and sporting activities.
  

Powers

In addition to the powers delegated through the Local Government Act , the council has the authority to do all things necessary or convenient to perform its functions, including the orderly running and control of the community government area.

All land within the community government area is rateable, except for the land declared not rateable under section 58 (2) of the Local Government Act, and the council may levy rates in relation to it for the purpose of raising revenue to perform its functions.

The council may declare charges to be payable by a person who either holds residence in the community government area, carries on a business in the area or has an interest in rateable land in the area.

The Council may, with the agreement of that body, take over and manage any activity of the Daguragu Community Council Incorporated consistent with the functions of the council.

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

Eligibility to Vote at Elections

A person is eligible to vote at a council election and entitled to be enrolled as a voter, if he/she is enrolled as an elector within the meaning of the Electoral Act and has resided in the community government area for at least 12 months before the notice of Election is given, or is a non-resident traditional owner of the area.

Roll of Electors

The clerk must maintain an electoral roll of the full names and addresses of persons who are eligible to vote at elections.

The clerk shall close the electoral roll at 12 noon on the Friday, 21 days before election day.

A resident may inspect the electoral roll at the offices of the council during the time that the offices are open.

Notice of Elections

The clerk must give at least 28 days notice that an election is to be held. An election notice must be prominently displayed at locations in the community government area, that are likely to ensure that all residents view the notice.

Nominations

By lodging a written nomination with the clerk, a person who is enrolled as a voter may nominate a person as a candidate for election to the council.

The clerk will not accept a nomination unless he is satisfied that the proposed candidate is identified, eligible to be nominated and unless he is supplied with a number of copies of a recent photograph of the proposed candidate which is suitable for display.

A candidate may withdraw his consent to his nomination at any time before the close of nominations.

Nominations of candidates for election close at 12 noon on the Friday, 14 days before election day.

After nominations have closed, the clerk must display a list of the names of the candidates, together with their photographs, in the same places as the election notice.

Declaration or Election of Members

Where at the close of nominations, not more than 12 persons have been nominated as candidates, the clerk will declare the candidates to be members of the council by a notice displayed in the same places as the election notice.

If, at the close of nominations there are more than 12 candidates, an election will be held.

Polling Places

The clerk must set aside 2 polling places for an election. One of them at Daguragu and the other at Kalkaringi.

Hours of Polling

The clerk must ensure that each polling place is open for voting between the hours of 8 a.m. and 1 p.m. on the day of an election.

Declaration of Result

The clerk must, as soon as practicable after the votes have been counted, declare the result of the election by a notice displayed at the same locations as the election notice.

Re-count

At any time before a candidate is declared to be elected, the clerk may, on the written request of a candidate or of his/her own accord, re-count the votes cast for each of the candidates.

By-Elections

Where the office of a member becomes vacant for any reason, a by-election may be held to fill the vacancy, unless it arises less than 6 months before the holding of the next election.

The council may resolve to appoint a person to fill a vacancy in the membership of the council, at any time, and in that event, a by-election would not be necessary.

 
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