[1989] VR 641
ATTORNEY-GENERAL FOR THE STATE OF VICTORIA v THE MAYOR, COUNCILLORS AND
CITIZENS OF THE CITY OF GEELONG; THE PRESIDENT, COUNCILLORS AND RATEPAYERS OF THE SHIRE OF CORIO v SIMMONDS;
THE PRESIDENT, COUNCILLORS AND RATEPAYERS OF THE SHIRE OF KYNETON v SIMMONDS
SUPREME COURT OF VICTORIA FULL COURT
O'BRYAN, KING and VINCENT JJ
5-8 September, 26 October 1988
[1989] VR 641
Local government — Resubdivision of municipal districts — Reduction in number
of councillors — Orders by Governor in Council acting on recommendation of
minister — Notice of proposal — Whether mandatory or directory — Reasonableness of content and timing of notice — Effect of failure to give
reasonable notice — Local Government Act 1958 (No 6299), s24F.
.
S24B of the Local Government Act 1958 provides that the Governor in Council,
on the recommendation of the Minister for Local Government, may, by order,
provide, inter alia, for the resubdivision or abolition of subdivisions of a
municipal district and the alteration of the number of councillors to be
assigned to a municipality. S24F provides that where the minister is to make a
recommendation to the Governor in Council in relation to such proposals
without referring them to the Local Government Commission, "the Minister shall
cause to be given notice of the impending order in the Government Gazette and
in a newspaper generally circulating in the municipalities which in his
opinion are likely to be affected by the proposal".
The minister wished to alter the subdivisions and the number of councillors
within three municipalities. He did not refer any of the proposals to the
commission.
On 23 December 1987 the minister caused to be inserted a notice in the
Government Gazette and a newspaper of his "intention to make a recommendation
to the Governor in Council about proposals for the resubdivision of the
municipal districts" in the City of Geelong. On 23 February an order was made
by the Governor in Council on the recommendation of the minister which reduced
the number of wards in the city from five to four and the number of
councillors from 15 to 12. The order redefined ward boundaries and provided
that all councillors were to go out of office on the day of the next election.
On 3 February 1988 a similar notice was published in the Government Gazette
and a newspaper in relation to the Shire of Corio. On 23 February 1988 the
Governor in Council made an order on the recommendation of the minister
resubdividing the shire and requiring that all councillors were to go out of
office at the next election
On 3 May 1988 the order was revoked and on 24 May 1988 a new notice was
published in the Government Gazette setting out fully the minister's
proposals. The notice was published in a newspaper on the following day. On 27
May 1988 the minister again recommended his proposals to the Governor in
Council. On 30 May 1988 the Governor in Council again made the order.
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[1989] VR 641
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