A series of four Councillor Information Sessions have now been held in the lead up to the Local Government Elections on 14 September 2024. More than 120 people attended the sessions, run by local government experts, that provided information and insights for potential councillor candidates. 

Three sessions were run in partnership with The New South Wales Office of Local Government. The Australian Local Government Women’s Association, NSW branch (ALGWA NSW) conducted a special forum on June 22 to encourage women to become councillors. More information about the ALGWA can be found at ALGWA New South Wales Branch

Below is a collection of presentations from each information session, along with a summary of questions and answers.

Council has written to candidates of the upcoming Central Coast local government election providing information on key matters of interest during campaign activities and to outline the relevant legislation and rules that apply to elections generally. 

This advice does not encompass all facets of elections and election campaigning and we encourage candidates to undertake their own research and due diligence to ensure compliance. 

Key matters of interest:

•    Where to access relevant candidate information.
•    The rules that apply to the use of Council resources and materials.
•    The rules that apply to election signage.
•    The rules that apply to election materials in respect of vehicles.
•    The rules that apply to election materials in respect of litter.
•    The use/misuse of public land.

Please note, Council provides similar information to support candidates across federal and state elections to understand and comply with relevant rules. 

The information is applicable to affiliated persons and we ask that you share it accordingly.

Should you require further information about this matter, please contact Ms Teressa Chadwick, A/Unit Manager Governance, Risk and Legal at teressa.chadwick@centralcoast.nsw.gov.au. 

Candidate information

The NSW Electoral Commission has a range of helpful free resources for candidates including advice about registrations and obligations, webinars, bulletins, an election calendar and the 2024 Candidate Handbook.  
You are encouraged to make use of these resources to help you understand the processes involved in being a candidate.
Council resources
Please keep visiting the ‘Election and Referendum’ page for regular updates as information is constantly being refreshed.  
Important dates to keep free in your diary:
•    Tuesday 8 October 2024: The new Councillors will be sworn in, and a Mayor elected. 
•    Tuesday 29 October 2024: The first official Ordinary Council meeting.
•    October/ November 2024: A tailored induction schedule will be rolled out to all Councillors. For the most part, the sessions will take place on Tuesday evenings and during the day on Saturdays. We ask that you keep the following Saturdays free: 
o    5 October, 12 October, 19 October, 26 October and 2 November. 

Election signage

The nature and placement of election signage is principally set out in Part 7, Division 14, of the Electoral Act 2017 and Part 11, Divisions 9A and 10 of the Local Government (General) Regulation 2021.

In addition to the abovementioned rules, we have summarised key rules of relevance below for your information for which the NSW Electoral Commission and Council are responsible for enforcing. The advice below relates to the placement of election signage given the visual obstruction and amenity impacts such signage can cause and the time and resources incurred by Council in removing unlawful signage post an election. This is a key concern to Council and our community. 

Signage on private property 

Election signage may be displayed on private property within the Central Coast local government area where each of the following conditions are met: 

a)    The written permission/consent of the owner of the private property is obtained prior to the installation and display of election signage. 
b)    The signage only relates to a nominated/registered candidate. 
c)    The signage is displayed only during the period that commences 8 weeks prior to the Central Coast election and ceases to be displayed 1 week after that election. For this election, relevant dates are 21 July 2024 to 21 September 2024. The display of election signage outside of this period is not considered to be “exempt development” under the Environmental Planning & Assessment Act 1979 or the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and is therefore unlawful without development approval. 
d)    The area of the signage does not exceed 0.8m2. 
e)    The signage is not fixed to any building that is a heritage item or draft heritage item. 
f)    The signage is displayed in accordance with any relevant requirements imposed under the Electoral Act 2017, which include the requirements that both the name and address of the person who authorised the signage, as well as the name and place of business of the person who printed the signage appearing on the signage.  

Signage on public land 

The Electoral Act 2017 and the Local Government (General) Regulation 2021 prohibits election signage from being displayed on any land owned by the Crown, a NSW Government agency, or any local council at any time. This includes public road reserves, public footpaths and power poles. The only exceptions to this are outlined at Section 184(3) of the Electoral Act 2017 and which are reproduced below: 

(3) Subsection (2) (a) does not apply in relation to a poster— 
(a) on the outer wall, fence or other boundary of the grounds of an enclosure in which a building used for voting is situated, or 
(b) within the grounds of an enclosure in which a building used for voting is situated, or 
(c) on a vehicle on a road or road related area (within the meaning of section 4 (1) of the Road Transport Act 2013), or 
(d) fixed or attached to a table or stall on a footpath or other public place at any time on the day of voting for an election. 

Breaches of the Electoral Act 2017 and the Local Government (General) Regulation 2021 is a criminal offence, with the NSW Electoral Commission and Council monitoring and enforcing compliance where appropriate. If Council becomes aware of any election signage being installed and displayed in alleged contravention of the Electoral Act 2017 and the Local Government (General) Regulation 2021, Council will refer the matter to the NSW Electoral Commission and consider whether regulatory action is required by Council itself. Council may also remove and dispose of any unlawfully placed election material. 

Election material placed on vehicles

The Protection of the Environment Operations Act 1997 prohibits the placement of advertising material in or on any vehicle which includes election material. Please refer to Section 146B of the Act below:

Section 146B   Advertising material not to be placed in or on vehicles
(1) Offence A person must not deposit any advertising material in or on any vehicle. Maximum penalty—5 penalty units.
(2) Application of this section This section applies whether the vehicle is situated in or on a public place or a private place.
(3) Exceptions This section does not apply to the deposit of—
(a)  any material by a person who is the custodian of the vehicle or is acting with the express consent of the custodian of the vehicle, or
(b)  any material by a person who deposits it in accordance with any regulations made for the purposes of this section or in such circumstances as may be prescribed by any regulations made for the purposes of this section.
(4)  For the purposes of subsection (3) (a), a person is not the custodian of a vehicle parked at a parking station merely because the person is the custodian of the parking station. In this subsection, parking station means a place (such as a car park) provided for the parking of vehicles, and includes a place or place of a class prescribed by the regulations.

This prohibition exists to limit the generation of litter which can impact amenity values and impact on the environment. 

Breaches of the Protection of the Environment Operations Act 1997 is a criminal offence. If Council becomes aware of election material being placed on vehicles in contradiction of the Protection of the Environment Operations Act 1997, Council will consider what regulatory action may be required. 

Election material and litter generally

The Protection of the Environment Operations Act 1997 prohibits the deposition of litter/waste. We ask that candidates be mindful of the way in which brochures and other election material are distributed to limit the potential for littering to occur. 

The Central Coast is known for its natural environment, and we aim to protect it as far as possible. 

Public land

There is a broad array of legislation and rules which prohibit certain activities in public places. Generally, we ask that candidates do not undertake activities in public places that affect the amenity of a public place, that prevent or obstruct access to a public place, that obstructs a public road or obstructs a public footpath.