What is the City of Bayswater’s position on political signage? The City's Election Signage Policy is based on the decisions of the High Court of Australia on political signage which protect the display of election signs that exercise the implied freedom of political communication within the Australian Constitution.
The City enforces a reasonably applied restriction on political signage that is no more onerous on political signage than on a comparable sign that has no political connection, this being cconsistent with the implied freedom of political communication.
Election signs must comply with the requirements of the Local Government Act 1995 and the Electoral Act 1907 (WA). The name and address of the person authorising the sign and the relevant name and address of the printer must both be on the sign.
Similar provisions apply in relation to State and Federal elections.
Any breaches of these requirements will be referred to the relevant Returning Officer.
The use of the City’s logo or crest on an election sign is not permitted.
The period varies depending on whether the election is Federal, State or Local Government.
State and Federal election periods commence with the issue of writs.
Local Government election periods commence at the close of nominations and conclude following the declaration of the results by the Returning Officer.
Political signage is not permitted to be erected on private land outside of the election period without obtaining prior approval from the City in accordance with the requirements of the City's Town Planning Scheme No. 24 and Signage Policy.
Election signage on private land is exempt from requiring development approval, provided the signs are installed within six weeks of the date of the election.
During the election period ,there is no restriction on the erection of political signage on private land, provided you have the consent of the property owner, the structure is not dangerous and does not cause a hazard to other land or road users.
The signs must also meet the requirements of the Planning and Development (Local Planning Schemes) Regulations 2015, including that the signs not be erected within 1.5m of any part of a crossover or street intersection.
During an election period, election signs may be placed on thoroughfares, without approval from the City, provided that the signs:
- Be erected at least 30m from any intersection;
- Be free standing and not affixed to any existing sign, post, power or light pole, or similar structure;
- Be placed so as not to obstruct or impede the reasonable use of a thoroughfare, or access to a place by any person;
- Be placed so as not to obstruct or impede the vision of a driver of a vehicle entering or leaving a thoroughfare or crossing;
- Be maintained in good condition;
- Be erected during the election period (i.e. not prior to the commencement of the election period);
- Be removed within 48 hours of the close of polls on voting day;
- Be at least 100m away from any works on a thoroughfare;
- Be securely installed;
- Not be an illuminated sign;
- Not incorporate reflective or fluorescent materials;
- Not display only part of a message which is to be read with other separate signs in order to obtain the whole message;
- Not be within 30m of another election sign promoting the same candidate; and
If a sign is erected on a verge outside a private residence, approval of the owner or occupier must be obtained.
A thoroughfare is defined in the Local Government Act 1995 as:
“…a road or other thoroughfare and includes structures or other things appurtenant to the thoroughfare that are within its limits, and nothing is prevented from being a thoroughfare only because it is no open at each end.”
A thoroughfare includes roads, streets and other public ways, as well as any related structures like footpaths, verges and certain types of vehicle crossings.
Election signs are not permitted on any Council-owned or managed land other than thoroughfares. This includes City-occupied facilities, City-leased facilities, and City parks and reserves.
Where the City permits the provisions of general advertising, such as bus shelters and street benches, there is no restriction on political advertising.
Candidates who wish to place an election sign on a State road reserve will need to follow the requirements of Main Roads Western Australia.
The placement of election signs at a polling place must comply with the relevant legislation and any instructions of the Returning Officer, or any other person in charge of the polling place.
The City will not remove election signs on City land or facilities that are used as a polling place on the day of an election. That is, on the day of an election, an election sign may be displayed on land or facilities owned or controlled by the City that is used as a polling place.
Complaints must be made in writing to the Manager Community Safety by a resident or ratepayer of the City of Bayswater.
They can be submitted by email to mail@bayswater.wa.gov.au , in person at the customer service desk at the City of Bayswater Civic Centre, 61 Broun Avenue, Morley, or by mail to PO Box 467, Morley 6943.
If the City receives a complaint regarding the installation of political signage, the extent of compliance action undertaken by the officers is in accordance with the Election Signage Policy.
If the sign is found to be non-compliant with the Policy or the City of Bayswater Activities in Thoroughfares and Trading Local Law 2020, the City may take enforcement action, such as:
- Issuing a caution
- Requesting the sign be moved or altered
- Impounding or confiscating the sign; and/or
- Issuing an infringement or prosecution.
In response to a valid complaint, the City will give the candidate 24 hours’ notice of the non‑conforming sign, after which time it may be impounded, and made available for collection by the candidate or their nominee.
The City will give priority to complaints that, in the opinion of a City officer, involve an election sign that poses a health or safety hazard.
Where an election sign poses a health or safety hazard, it may be removed without notice.
A candidate may appeal a City officer determination through the Office of the CEO.
City officers may not respond to complaints about election signs that are deemed vexatious or unreasonable.
If there is no planning approval on file, then the City would give a time frame for the sign to be removed completely.
If the electoral sign is on property owned and operated by a State Government entity (for example, the Water Corporation), the City will not investigate it any further.
The complainant should contact the relevant agency.
Election signs found on land owned or operated by the City (other than thoroughfares) must be removed by the candidate within 24 hours or they will be impounded.
The signs should be removed within 48 hours after the election period ends. Signs not removed within this timeframe may be impounded.
Candidates will be given an opportunity to collect their impounded signs within 10 working days. After the 10 working days ,they may be destroyed with no warning.