ALICE SPRINGS (COUNCIL MEETINGS AND PROCEDURES) BY-LAWS 1987 (Northern Territory)

These by-laws set out the internal procedures for meetings of the Alice Springs Town Council and its committees. They operate under the Local Government Act 2008, as the instrument heading records, and specify the mechanics of calling and conducting ordinary meetings, the content and circulation of business papers, notice requirements for members, the role and powers of the mayor and the clerk, rules for public and media attendance, committee conduct, and sanctions for breaches.

Mechanically the by-laws do the following (selective but concrete list, with the controlling provisions cited):

Fix timing and frequency of ordinary meetings as a matter for council resolution (by-law 3). The council determines day and time by resolution.
Require the clerk to prepare a business paper before each meeting and make copies available to members and the public at certain locations as the council resolves (by-law 5(1)-(2)). The business paper must include specific categories of items (by-law 5(3)).
Impose notice rules for member-initiated business (by-law 6), while permitting consideration without prior notice if the meeting resolves to allow it (by-law 7).
Vest the mayor with procedural precedence: mayoral minutes take precedence over all other matters (by-law 8), the mayor may take the chair and intervene in debate (by-law 21), and the mayor may adjourn or quit the chair in the event of disorder (by-law 27).
Regulate petitions, deputations (including a 7 clear days application requirement and mayoral control over whether the deputation is heard, by-law 10), motions, seconding and debate (by-laws 11-17), procedural motions (by-law 19), and limits on speaking (by-law 23).
Provide mechanisms for recording votes and calling divisions (by-law 17), for rescinding or altering resolutions including a 7-day notice and 3-month prohibition on repeat motions (by-law 18), and for dissent against the mayor’s rulings (by-law 28A).

NORTHERN TERRITORY OF AUSTRALIA ALICE SPRINGS (COUNCIL MEETINGS AND PROCEDURES) BY-LAWS 1987 As in force at 1 July 2008 Table of provisions Part I Preliminary 1 Short title ......................................................................................... 1 Part II Meetings of council Division 1 Business 3 Ordinary meetings ........................................................................... 1 4 Order of business ............................................................................ 1 5 Business paper ................................................................................ 1 6 Notice of business to be given by member ...................................... 2 7 Consideration of matter without notice ............................................ 2 8 Mayoral minute ................................................................................ 2 9 Petitions ........................................................................................... 3 10 Deputation ....................................................................................... 3 Division 2 Motions 11 Motions ............................................................................................ 4 12 Unopposed notices of motion .......................................................... 4 13 Motions not to be withdrawn ............................................................ 4 14 Absence of mover of motion ............................................................ 4 15 Motion to be seconded .................................................................... 5 16 Motion and amendment to motion ................................................... 5 17 Method of taking vote – divisions..................................................... 5 18 Rescinding or altering resolutions.................................................... 6 19 Procedural motions.......................................................................... 6 Division 3 Questions and discussions 20 Questions ........................................................................................ 7 21 Mayor to take precedence ............................................................... 8 22 Mode of addressing members and officers ...................................... 8 23 Limitation in relation to number of speeches ................................... 8 24 Priority of speaking .......................................................................... 9 25 Personal reflections on members or officers.................................... 9

Alice Springs (Council Meetings and Procedures) By-laws 1987 ii Division 4 Order and disorder 26 Question of order ............................................................................. 9 27 Disorder ......................................................................................... 10 28 Motion, etc., to be rejected if out of order ...................................... 11 28A Motion of dissent ........................................................................... 11 Division 5 Attendance and non-attendance 29 Quorum not present ....................................................................... 11 Division 6 Media and public 30 Attendance of public and media at meetings ................................. 12 31 Removal of persons....................................................................... 12 32 Public participation at meeting ....................................................... 12 Part III Committees of council 33 Conduct of meetings...................................................................... 12 34 Disorder in committee .................................................................... 12 35 Reports by committees .................................................................. 13 35A Public participation at meeting of committee ................................. 13 Part IV Miscellaneous 36 Dispensing with requirement of By-laws ........................................ 13 37 Mode of proceeding in cases not provided for ............................... 13 38 Offences ........................................................................................ 13 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 July 2008

ALICE SPRINGS (COUNCIL MEETINGS AND PROCEDURES) BY-LAWS 1987 By-laws under the Local Government Act 2008 Part I Preliminary 1 Short title These By-laws may be cited as the Alice Springs (Council Meetings and Procedures) By-laws 1987. Part II Meetings of council Division 1 Business 3 Ordinary meetings An ordinary meeting shall be held on such day and at such time in each month as the council from time to time determines by resolution. 4 Order of business (1) Subject to these By-laws, the order of business at an ordinary meeting shall be as the council from time to time determines by resolution. (2) Notwithstanding a determination under clause (1), the order of business at an ordinary meeting may be altered for a particular meeting where the members at that meeting pass a motion to that effect. (3) A motion under clause (2) may be moved without notice. 5 Business paper (1) The clerk shall, as soon as practicable before each meeting of the council, or within such time as the council determines by resolution, prepare or have prepared a business paper.

Part II Meetings of council Division 1 Business Alice Springs (Council Meetings and Procedures) By-laws 1987 2 (2) Copies of the business paper prepared under clause (1) shall be made available to the members, and to the public at the council office and at such other places as the council, by resolution determines, as soon as practicable before the meeting. (3) A business paper prepared under clause (1) shall contain: (a) business arising out of previous meetings of the council; (b) business which the mayor may wish to have considered at the meeting without notice; (c) matters of which notice, in accordance with by-law 6, is given; (d) matters referred to the council by a standing committee; (e) officers' reports to the council referred to the meeting by the clerk; and (f) such other business as the council from time to time determines by resolution be contained in the business paper. 6 Notice of business to be given by member (1) Subject to these By-laws, where a member wishes the council to consider a matter at a meeting he shall give notice of the matter to the clerk within such time before the meeting as the council from time to time determines by resolution. (2) The Clerk shall, on receipt of a notice under clause (1), include in the business paper prepared under by-law 5, details of the matter to which the notice relates. 7 Consideration of matter without notice Notwithstanding by-law 6, a matter for which notice under that by-law has not been given may be considered at an ordinary meeting where a motion is passed by the members at the meeting permitting it to be considered. 8 Mayoral minute The mayor may, by a minute signed by the mayor, introduce a matter for consideration at an ordinary meeting, and the matter takes precedence over all other matters for consideration at the meeting.

Part II Meetings of council Division 1 Business Alice Springs (Council Meetings and Procedures) By-laws 1987 3 9 Petitions (1) A petition may be presented to a meeting of the council by a member who, before presenting the petition, shall, as far as practicable, acquaint himself with the subject matter of the petition. (2) A member on presenting a petition to a meeting of the council shall: (a) state the nature and prayer of the petition; and (b) read the petition. (3) A petition shall not be presented to a meeting of the council unless it is worded in respectful language. (4) Where, under this by-law, a member presents a petition to a meeting of the council no debate on or in relation to it shall be allowed and the only motion which may be moved is: (a) that the petition be received and consideration stand as an order of the day for the meeting or for a future meeting; or (b) that the petition be received and referred to a committee or officer for consideration and a report to the council. 10 Deputation (1) For the purposes of this by-law, a deputation means a group of persons consisting of not less than 2 persons. (2) A deputation wishing to attend and be heard at a meeting of the council shall, not less than 7 clear days before the meeting, apply in writing to the clerk. (3) The clerk, on receiving an application under clause (2), shall notify the mayor of the application and the mayor shall determine whether the deputation may be heard and shall notify the clerk accordingly. (4) Where the clerk is notified by the mayor under clause (3) he shall: (a) inform the deputation of the determination of the mayor; and (b) where the mayor has determined to hear the deputation, arrange a convenient time for the deputation to be heard at a meeting of the council. (5) Only one person representing the deputation will ordinarily be heard at a meeting of the council unless: (a) the mayor permits other persons in the group comprising the deputation to be heard; and

Part II Meetings of council Division 2 Motions Alice Springs (Council Meetings and Procedures) By-laws 1987 4 (b) there is no objection by a member present at the meeting to other persons in the group being heard. (6) A person in a deputation at a meeting of the council shall be temperate in his speech and manner, and shall not use insulting or offensive language. (7) Subject to clause (8), a deputation attending at a meeting of the council in accordance with this by-law shall be given adequate opportunity and facility to explain the purpose of the deputation. (8) Notwithstanding clause (7), the mayor may terminate an address by a person in a deputation at any time where he is satisfied that the purpose of the deputation has been sufficiently explained to the members at the meeting. Division 2 Motions 11 Motions A motion brought before a meeting of the council in accordance with the Act or these By-laws shall be received and put to the meeting by the mayor. 12 Unopposed notices of motion At a meeting of the council the mayor may call over the notices of motion in the order in which they appear on the business paper, and where no objection is taken to a motion being taken as a formal motion he may, without discussion, put the motion to the vote. 13 Motions not to be withdrawn Except with the consent of a majority of the members at a meeting of the council, a motion may not be withdrawn after being placed on the business paper prepared for that meeting. 14 Absence of mover of motion Where a member who has given notice of a motion under by-law 6 is absent from the meeting of the council at which the motion is to be considered, the motion may be: (a) moved by another member at the meeting; or (b) deferred to the next ordinary meeting.

Part II Meetings of council Division 2 Motions Alice Springs (Council Meetings and Procedures) By-laws 1987 5 15 Motion to be seconded (1) Subject to clause (2), a motion or an amendment to a motion shall not be debated at a meeting of the council unless or until the motion or the amendment, as the case may be, is seconded. (2) Notwithstanding clause (1), a member who moves a motion or an amendment to a motion may speak in support of that motion or that amendment, as the case may be, before it is seconded or may reserve the right to speak to it immediately after it has been seconded. (3) A member who seconds a motion or an amendment to a motion may, if the mover has reserved the right to speak to the motion or amendment immediately after it has been seconded, reserve the right to speak in support of his or her seconding immediately after the mover has finished speaking for the first time. 16 Motion and amendment to motion At a meeting of the council, a member shall not put more than one motion or one amendment to the motion at any one time. 17 Method of taking vote – divisions (1) A motion or amendment to a motion shall be moved and seconded by members present at the meeting at which the motion or amendment is considered before the motion or amendment is put to the vote. (2) The mayor shall call: (a) firstly, for votes for the motion or amendment to the motion; and (b) secondly, for votes against the motion or amendment to the motion, and may do so as often as the mayor considers it necessary to enable him or her to form and declare an opinion as to whether there is a majority of affirmative or negative votes. (3) A member present and voting may request that his or her name be recorded in the minutes as having voted for or against a motion or amendment to the motion, and the clerk shall comply with the request. (4) A member may, immediately after a vote on a motion or an amendment to a motion has been taken, call for a division in respect of the voting.

Part II Meetings of council Division 2 Motions Alice Springs (Council Meetings and Procedures) By-laws 1987 6 (5) Where a division is called under clause (4), the members who voted in the affirmative when the vote was taken shall stand in their places and the clerk shall record their names in the minutes of the meeting. (6) Where a division is called under clause (4), it shall not operate to vary the result of a vote taken by a show of hands. 18 Rescinding or altering resolutions (1) A resolution of the council passed at a meeting may not be altered or rescinded unless a notice of motion to alter or rescind the resolution is given in accordance with this by-law or the alteration or recission is on the recommendation of a standing committee of the council. (2) A notice of motion referred to in clause (1) shall: (a) be in writing and signed by the member proposing the motion; (b) have the name of the seconder of the motion endorsed on it; and (c) be given to the clerk not less than 7 days before the meeting of the council at which the motion is to be put. (3) Where at a meeting of the council a notice of motion to rescind a resolution of the council is given in respect of a resolution passed at the meeting, the resolution shall not be carried into effect until after the motion is put and lost. (4) Where a motion, of which notice under clause (1) is given, is lost, a motion to the same or like effect may not be moved until after the expiration of 3 months after the date on which the first-mentioned motion was lost. (5) This by-law does not apply to a motion referred to in by-law 19. 19 Procedural motions (1) Subject to this by-law, a member at a meeting of the council may, during the debate of a matter at the meeting, move, as a procedural motion, that: (a) the question be put; (b) the debate be adjourned; (c) the meeting proceed to the next item of business;

Part II Meetings of council Division 3 Questions and discussions Alice Springs (Council Meetings and Procedures) By-laws 1987 7 (d) the meeting stands adjourned; (e) the meeting be closed; or (f) the question lie on the table. (2) A procedural motion may be moved under clause (1) at the conclusion of a speaker's time, and the mayor shall, on the motion being moved, immediately put the motion without permitting debate on, or the need for a seconder of, the motion. (3) Where a procedural motion moved under clause (1) is lost, the member who moved the motion may not, until after the expiration of 30 minutes after that motion was put, move a similar motion. (4) Where a procedural motion moved under clause (1), that the meeting stands adjourned, is lost, the business of the meeting shall continue and the same procedural motion may not be moved until after the expiration of 30 minutes after that motion was put. (5) The procedural motion, that the question be put, may be moved under clause (1), where: (a) no other member at the meeting wishes to speak to the motion before the meeting or any amendment to it; or (b) not less than 2 members at the meeting have spoken for and not less than 2 members at the meeting have spoken against the motion before the meeting or any amendment to it and the procedural motion is moved by a member who has not spoken in the debate of the motion or any amendment to it. (6) Where a motion put under clause (5) is: (a) carried, the mayor shall immediately put the question to the motion or the amendment to it, as the case may be; or (b) lost, debate on the motion or the amendment to it, as the case may be, shall continue. Division 3 Questions and discussions 20 Questions (1) Subject to this by-law, a member may at a meeting of the council ask a question for reply by another member or an officer.

Part II Meetings of council Division 3 Questions and discussions Alice Springs (Council Meetings and Procedures) By-laws 1987 8 (2) Such notice of a question under clause (1), as the mayor determines, shall be given to the member or officer to whom it is directed to permit consideration of a reply and, if necessary, reference to other persons or documents. (3) A question under clause (1) shall be asked categorically and without argument and no discussion shall be permitted at the meeting of the council in relation to a reply or a refusal to reply to the question. 21 Mayor to take precedence The mayor may, at any time during the debate of a matter at a meeting of the council, indicate his intention to speak and, on so doing, a member speaking or proposing to speak to the debate shall cease speaking and remain silent, or refrain from speaking, as the case may be, until the mayor has been heard. 22 Mode of addressing members and officers A member shall, at all times during a meeting of the council, address and refer to another member or an officer by his official title or designation. 23 Limitation in relation to number of speeches (1) Subject to these By-laws, a member who moves a motion may: (a) speak to the motion; (b) speak to a proposed amendment to the motion; (c) speak in reply to an amendment to the motion; (d) reply to a question asked, or provide an explanation, relative to the motion; and (e) speak in reply to the substantive motion, as amended. (1A) After the member has replied to a substantive motion, as amended, except to ask questions seeking clarification of the content or wording of the substantive motion, a member may not speak to the motion or amendment. (1B) Subject to these By-laws, a member who moves an amendment to a motion may: (a) speak to the amendment; (b) speak to an amendment subsequently proposed; and

Part II Meetings of council Division 4 Order and disorder Alice Springs (Council Meetings and Procedures) By-laws 1987 9 (c) reply to a question asked, or provide an explanation, relative to the amendment. (2) Subject to this by-law, a member at a meeting of the council, not being a member who moves a motion, has a right to speak once to the motion and to any amendment proposed to it. (3) Subject to clause (4), a member at a meeting of the council may not speak: (a) more than once; or (b) for more than 5 minutes, on a motion or amendment to a motion before the meeting. (4) Notwithstanding clause (3), where: (a) the members present at a meeting of the council consent, a member's time to speak on a question before the meeting may be extended for a further period, of not more than 5 minutes, as is determined by those members; or (b) a member considers that he has been misrepresented or misunderstood, the member may answer, without further observation than is necessary, the misrepresentation or misunderstanding. 24 Priority of speaking Where 2 or more members at a meeting of the council signify their intention to speak at the same time the mayor shall decide which member shall be heard first. 25 Personal reflections on members or officers A member speaking at a meeting of the council shall not make a personal reflection on, or impute an improper motive to, another member or an officer. Division 4 Order and disorder 26 Question of order (1) For the purposes of this by-law, a member is guilty of an act of disorder if, at a meeting of the council, he: (a) is in breach of the Act or these By-laws;

Part II Meetings of council Division 4 Order and disorder Alice Springs (Council Meetings and Procedures) By-laws 1987 10 (b) uses language which, according to common usage, would be considered disorderly; (c) uses an expression or mode of behaviour that is inconsistent with good order or decorum; or (d) says or does anything calculated to bring the council into contempt. (2) The mayor at a meeting of the council may, with or without the intervention of another member at the meeting, call a member at the meeting to order where he considers the member is out of order. (3) A member at a meeting of the council may raise a question of order with the mayor where he considers that another member at the meeting is: (a) guilty of an act of disorder; or (b) out of order. (4) Where, under clause (3), a question of order is raised, the mayor shall rule on the question but may, before ruling, seek the opinions of the other members at the meeting on the question. (5) A ruling of the mayor made under clause (4) shall be obeyed except where a motion of dissent is subsequently passed in respect of the ruling (6) A member who, under clause (4), is ruled to be out of order more than once at a meeting of the council is guilty of an offence. (7) Where the mayor, under clause (4), rules a member is guilty of an act of disorder, he may request the member to leave the place where the meeting of the council is taking place for the remainder of the meeting and to apologize, without reservation, to the members at the meeting. 27 Disorder (1) The mayor may, where disorder arises at a meeting of the council, adjourn the meeting for 15 minutes and quit the chair. (2) Where, under clause (1), a meeting is adjourned, the mayor shall, on resumption of the meeting, move a motion, which shall be put without debate, to determine whether the meeting shall proceed. (3) Where a motion under clause (2) is lost, the mayor shall declare the meeting closed.

Part II Meetings of council Division 5 Attendance and non-attendance Alice Springs (Council Meetings and Procedures) By-laws 1987 11 28 Motion, etc., to be rejected if out of order A motion or an amendment to a motion, or a matter before a meeting of the council, which is determined by the council to be out of order shall be rejected. 28A Motion of dissent (1) A member at a meeting of the council may, without notice, move a motion of dissent in relation to a ruling by the mayor on a point of order. (2) Where, under clause (1), a motion is moved, further consideration of the matter in relation to which the ruling of the mayor was made shall be suspended until after the motion is put. (3) Where a motion moved under clause (1) is carried, the matter in relation to which the ruling of the mayor was made shall: (a) proceed as if the ruling had not been made; or (b) where, as a result of the ruling the matter was discharged as out of order, be restored to the business paper and be dealt with in the normal course of business. Division 5 Attendance and non-attendance 29 Quorum not present (1) Where a meeting of the council is postponed, that fact, together with the names of the members present at that time, shall be recorded in the minutes kept by the council. (2) Where at a meeting of the council, a quorum of members is not present, the mayor shall suspend the meeting for a period of 3 minutes and, if at the expiration of that period, a quorum of members is not present, the names of the members present at that time shall be recorded in the minutes kept by the council, and the mayor shall adjourn the meeting to a later hour or to another day, as he thinks fit. (3) For the purposes of this by-law, a member is present at a meeting of the council if he is in the room in which the meeting is taking, or is to take, place and seated at the place allocated to him for the meeting.

Part III Committees of council Alice Springs (Council Meetings and Procedures) By-laws 1987 12 Division 6 Media and public 30 Attendance of public and media at meetings (1) At a meeting of the council an area at the place where the meeting is to be held shall be made available for members of the public to attend the meeting and as many members of the public as reasonably can be accommodated in that area shall be permitted to attend the meeting. (2) At a meeting of the council reasonable facilities shall be made available to media personnel for the purpose of reporting on the meeting. 31 Removal of persons (1) A person, other than a member, who interrupts the orderly conduct of a meeting of the council shall, on being requested to do so by the mayor, immediately leave the place where the meeting is being held. (2) A person who fails to comply with a request of the mayor under clause (1) is guilty of an offence and may be removed, on the order of the mayor, from the place where the meeting is taking place with such force as is necessary. 32 Public participation at meeting Except when invited to do so by the council, or in accordance with by-law 10, a member of the public shall not take, or attempt to take part, in the proceeding of a meeting of the council. Part III Committees of council 33 Conduct of meetings Subject to the Act, the procedures for the conduct of a meeting of a committee shall, except as otherwise provided by these By-laws, be as determined, from time to time, by the members of the committee. 34 Disorder in committee By-laws 26 and 27 apply to and in relation to a meeting of a committee as if the meeting was a meeting of the council and the chairman of the committee was the mayor.

Part IV Miscellaneous Alice Springs (Council Meetings and Procedures) By-laws 1987 13 35 Reports by committees (1) A report to the council by a committee shall be presented by the chairman of the committee or, in his absence, by such other member of the committee as determined by the mayor. (2) Where distinct recommendations are made by a committee in a report to the council the decision of the council in relation to each recommendation may be taken separately. 35A Public participation at meeting of committee A meeting of a committee is not open, and minutes of a meeting of a committee are not available, to a member of the public except where the committee, or the council, by resolution, so orders. Part IV Miscellaneous 36 Dispensing with requirement of By-laws The members at a meeting of the council may, by resolution passed at that meeting, dispense with a requirement of these By-laws in or in relation to the conduct of that meeting. 37 Mode of proceeding in cases not provided for Where, at a meeting of the council or a committee, a matter arises which is not provided for, in part or in whole, by these By-laws, the matter shall be dealt with in accordance with the procedures in the Standing Orders of the Legislative Assembly, so far as those orders are applicable. 38 Offences A person shall not contravene or fail to comply with these By-laws. Penalty: $500.

ENDNOTES Alice Springs (Council Meetings and Procedures) By-laws 1987 14 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Alice Springs (Council Meetings and Procedures) By-laws (SL No. 42, 1987) Notified 4 November 1987 Commenced 4 November 1987 Amendments of Alice Springs (Council Meetings and Procedures) By-laws (SL No. 26, 1992) Notified 1 July 1992 Commenced 1 July 1992 Amendment of Alice Springs (Council Meetings and Procedures) By-laws (SL No. 1, 1993) Notified 3 February 1993 Commenced 3 February 1993 Statute Law Revision Act (No. 2) 2004 (Act No. 54, 2004) Assent date 15 September 2004 Commenced 27 Oct 2004 (Gaz G43, 27 October 2004, p 3) Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008) Assent date 14 November 2008 Commenced 1 July 2008 (s 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: bl 1.

ENDNOTES Alice Springs (Council Meetings and Procedures) By-laws 1987 15 4 LIST OF AMENDMENTS bl 2 amd Act No. 54, 2004, s 8 rep Act No. 28, 2008, s 4 bl 8 amd No. 26, 1992, bl 2 bl 10 amd No. 26, 1992, bl 3 bl 15 amd No. 26, 1992, bl 4 bl 16 – 17 sub No. 26, 1992, bl 5 bl 18 amd No. 1, 1993 bl 23 amd No. 26, 1992, bl 6 bl 24 amd No. 26, 1992, bl 7 bl 25 amd No. 26, 1992, bl 8 bl 26 amd No. 26, 1992, bl 9 bl 28 amd No. 26, 1992, bl 10 bl 28A ins No. 26, 1992, bl 11 bl 29 amd Act No. 28, 2008, s 4 bl 31 amd No. 26, 1992, bl 12 bl 33 amd Act No. 28, 2008, s 4 bl 35A ins No. 26, 1992, bl 13 bl 38 sub No. 26, 1992, bl 14

1 ALICE SPRINGS (COUNCIL MEETINGS AND PROCEDURES) BY-LAWS 1987

The by-laws revolve around several interlocking procedural concepts that determine how council business gets on the agenda, how debate is conducted, how order is maintained, and how the public participates. These core concepts are: business papers and notice; the roles of mayor and clerk; motion mechanics and debate; order, disorder and sanctions; public/media access; committee operation; and internal override mechanisms.

Business papers and notice

The clerk prepares the business paper for each meeting (by-law 5(1)). The paper is to be provided to members and to the public at the council office and any other locations determined by council resolution (by-law 5(2)). Required content categories are specified (by-law 5(3)), and notices from members must be given to the clerk within a council-determined timeframe (by-law 6(1)). However, the council may allow consideration of matters without prior notice by passing a motion (by-law 7).

Roles of mayor and clerk

The clerk is the administrative engine: preparing and distributing papers, recording minutes (for example as required when a quorum is not present, by-law 29), and recording divisions (by-law 17(5)). The mayor exercises substantive procedural authority: mayoral minutes take precedence (by-law 8); the mayor rules on points of order and is entitled to precedence during debate (by-law 21); the mayor may call members to order and request apologies (by-law 26(2), (7)); and the mayor may adjourn for disorder and quit the chair (by-law 27).

Motion mechanics and debate

Motions must be moved and put by the mayor (by-law 11). The by-laws set rules about seconding (by-law 15), number of motions (by-law 16), limits on speeches and opportunities to reply (by-law 23), procedures for unopposed notices (by-law 12), procedural motions that are put without debate (by-law 19(2)), and the mechanics for rescinding or altering resolutions, including written notice and waiting periods (by-law 18).

Order, disorder and sanctions

The by-laws define disorderly conduct (by-law 26(1)) and provide a graduated system of responses: mayoral rulings, motions of dissent (by-law 28A), requests for apologies (by-law 26(7)), adjourning the meeting for 15 minutes where disorder arises (by-law 27(1)), and, ultimately, removal of persons who interrupt and refusal to obey the mayor’s direction is an offence with authorised use of force to remove (by-law 31(1)-(2)). Members ruled out of order more than once commit an offence (by-law 26(6)). There is also a statutory penalty for contravening the by-laws (by-law 38).

Public and media access

Meetings are to be open to members of the public to the extent reasonably accommodated at the meeting place and media facilities provided (by-law 30). Public participation is limited: members of the public may attend and may speak only if invited or in accordance with the deputation procedure in by-law 10 (by-law 32). Committee meetings are closed by default unless opened by resolution (by-law 35A).

Committee operation and reporting

Committee meetings are governed by the Act and the committee members’ determinations (by-law 33). By-laws 26 and 27 apply to committee meetings subject to substituting the chairman for the mayor (by-law 34). Committee reports must be presented by the chairman or, in absence, another member designated by the mayor (by-law 35(1)).

Internal override mechanisms and gaps

The council can alter the order of business at a meeting by a motion without notice (by-law 4(2)-(3)) and may dispense with any requirement of the by-laws at a meeting by resolution (by-law 36). Where the by-laws do not provide for an eventuality, the Standing Orders of the Legislative Assembly are to be applied so far as applicable (by-law 37). Those two provisions create a structural escape valve that shifts discretion back to council and to parliamentary standing orders when the by-laws are silent.

Taken together, these concepts allocate routine administrative responsibilities to the clerk, give the mayor significant procedural authority, constrain member participation through notice and speaking rules, limit public participation to attendance and structured deputation, and permit the council itself to vary or bypass the by-laws by resolution. The by-laws use a mix of prescriptive requirements (time limits, written notices, offences) and discretionary authority (mayoral decisions, council resolution to open committee meetings or dispense with requirements).

Primary actors

Councillors and the mayor: The by-laws primarily regulate the conduct of elected members at ordinary council meetings and at committee meetings. Many provisions are directed to members’ procedural obligations and rights: giving notice for motions (by-law 6), seconding motions (by-law 15), limits on speaking (by-law 23), requirements around petitions (by-law 9), and exposure to disciplinary measures for disorder (by-law 26). The mayor has particular procedural privileges and duties (by-laws 8, 21, 26-27). Members are also subject to internal remedies and constraints for rescinding resolutions (by-law 18) and for dissenting from mayoral rulings (by-law 28A).
The clerk: The clerk is the administrative lead for meeting preparation and minute-taking. The clerk must prepare the business paper (by-law 5(1)), make copies available to members and the public (by-law 5(2)), include member notices on the business paper (by-law 6(2)), record divisions and names upon request (by-law 17(3)-(5)), and enter certain attendance records in minutes (by-law 29(1)-(2)). The clerk also communicates deputation outcomes and arranges hearing times when permitted (by-law 10(4)).

Secondary and affected actors

Officers and staff: Officers are the subject of references about addressing them by title (by-law 22), may be the addressees of member questions (by-law 20), and are protected against personal reflections by members (by-law 25). Officers’ reports are a category of business required on business papers (by-law 5(3)(e)) and committee reports may be referred to officers for implementation.
Members of the public and deputations: The public may attend meetings where accommodation is reasonably possible (by-law 30(1)), but public participation is limited to invited contributions or those following the deputation process (by-law 32, by-law 10). Deputations must meet minimum composition (at least two persons), file an application in writing at least 7 clear days before the meeting (by-law 10(1)-(2)), and are subject to mayoral discretion about whether they will be heard (by-law 10(3)). Those participating in deputations must be temperate in speech and not use offensive language (by-law 10(6)) and the mayor may terminate addresses once the purpose is sufficiently explained (by-law 10(8)).
Media personnel: The by-laws require reasonable facilities to be made available to the media for reporting (by-law 30(2)). Media access is therefore structurally protected but within the physical constraints of the meeting place.
Excluded persons and security: Persons other than members who interrupt meetings must leave when requested by the mayor and can be removed by force if they do not comply (by-law 31(1)-(2)). That creates immediate enforcement impacts on any members of the public who disrupt proceedings.

Organisational impacts

Administrative workload falls on the clerk and supporting staff: preparing and circulating business papers (by-law 5), recording votes and minutes including special entries where quorum is lacking (by-law 29), and managing applications for deputations (by-law 10(2)-(4)). The clerk’s duties also include complying with requests to record how individual members voted (by-law 17(3)-(5)), which creates a transparency workload.
Council as corporate decision-maker: The council as a corporate body is affected by the by-laws’ limits on how resolutions may be rescinded or altered (by-law 18), how meetings can be closed or adjourned (by-laws 19, 27), and the council’s power to dispense with by-law requirements by resolution (by-law 36).

Who does not benefit from the by-laws

Members of the public seeking unregulated or spontaneous participation are constrained: only invited participants or deputations that follow a formal application process may take part beyond attendance (by-law 32, by-law 10). Committee meetings and minutes are also not open to the public except where the committee or council resolves to open them (by-law 35A), limiting public oversight of some decision processes.

In short, the by-laws principally shape the conduct and administrative responsibilities of councillors, the mayor and the clerk, structure the limited ways in which the public and media may participate, and allocate enforcement powers to the mayor and the clerk with a residual, internal council control to dispense with or vary requirements.

This section lists principal duties and rights provided by the by-laws, citing the controlling provisions. It is intended as an operational checklist for councillors, clerks and officers.

Clerk duties and rights

Prepare business papers "as soon as practicable" before each meeting or within the time determined by council resolution (by-law 5(1)). The preparation is mandatory language.
Make copies of business papers available to members and the public at the council office and other places as resolved (by-law 5(2)).
Include in the business paper items required by by-law 5(3), including officers’ reports and matters referred by standing committees (by-law 5(3)(d)-(e)).
Receive notices of business from members and include them in the business paper (by-law 6(1)-(2)).
Record names requested by members to be recorded in the minutes for votes (by-law 17(3)-(5)).
Inform deputations of the mayor’s determination and arrange hearing times if the mayor permits (by-law 10(4)).

Mayor duties and rights

Call and put motions at meetings (by-law 11). The mayor presides over putting motions to vote.
Introduce mayoral minutes, which take precedence over all other matters at the meeting (by-law 8).
Call members to order and rule on points of order, seeking members’ opinions before ruling if the mayor chooses (by-law 26(2)-(4)). The mayor’s ruling must be obeyed unless a motion of dissent is passed (by-law 26(5), by-law 28A).
Indicate intention to speak and take precedence over a member who is then required to cease speaking (by-law 21).
Decide whether a deputation may be heard and terminate a deputation’s address when satisfied the purpose has been explained (by-law 10(3), (8)).
Adjourn meetings and quit the chair in cases of disorder, and move a motion on resumption that the meeting proceed, to be put without debate (by-law 27).

Councillor duties and rights

Give notice to the clerk if a member wishes the council to consider a matter, within such time determined by council resolution (by-law 6(1)). The clerk must include the notice in the business paper (by-law 6(2)).
A motion cannot be withdrawn once placed on the business paper without majority consent of members at the meeting (by-law 13).
If a mover is absent, another member may move the motion or the motion may be deferred to the next ordinary meeting (by-law 14).
Motions and amendments must be seconded before debate in general (by-law 15(1)), although the mover may speak before seconding (by-law 15(2)). A seconder may reserve the right to speak (by-law 15(3)).
Members have a right to speak once to a motion and amendments, subject to the mover and amender exceptions and to time limits (by-law 23(2)-(3)). Speaking time is generally capped at 5 minutes except where members consent to extension (by-law 23(3)-(4)).
Members may request their vote be recorded in the minutes (by-law 17(3)).
A member may move, without notice, a motion of dissent to the mayor’s ruling (by-law 28A(1)), which suspends further consideration of the matter until the dissent is resolved (by-law 28A(2)).

Public, deputations and media

Members of the public may attend council meetings and an area must be made available for them as reasonably accommodated (by-law 30(1)). Reasonable facilities must be provided to media personnel for reporting (by-law 30(2)).
Deputations of at least two persons must apply in writing at least 7 clear days before a meeting; the mayor determines whether they may be heard (by-law 10(1)-(4)). Only one person ordinarily will speak for the deputation unless the mayor permits otherwise and no member objects (by-law 10(5)).
Members of the public may not take part in proceedings unless invited or in accordance with the deputation by-law (by-law 32).

Committee-related rights and duties

Committees’ meetings are conducted subject to the Act and committee determinations (by-law 33). By-laws 26 and 27 apply to committee meetings as if the committee chairman were the mayor (by-law 34). Committee reports are to be presented by the chairman or, in his absence, by a member as the mayor directs (by-law 35(1)).
Committee meetings and minutes are not open to the public except where the committee or the council resolves to make them open (by-law 35A).

Procedural mechanics

The mayor may call over unopposed notices of motion and put them without discussion if no objection is taken (by-law 12).
Procedural motions (putting the question, adjourning debate, proceeding to the next item, adjourning the meeting, closing the meeting, or laying the question on the table) are put without debate on the mover making the procedural motion and without the need for a seconder (by-law 19(1)-(2)). Restrictions on repeating such motions within a time window apply after the motion is lost (by-law 19(3)-(4)).
A resolution may not be altered or rescinded except by notice in writing with a seconder and given to the clerk not less than 7 days before the meeting, or on recommendation of a standing committee (by-law 18(1)-(2)). If a rescission notice relates to a resolution passed at the same meeting, the resolution is not to be implemented until the rescission motion is put and lost (by-law 18(3)). A lost rescission motion prevents a similar motion for 3 months (by-law 18(4)).

Sanctions and enforcement

Members ruled out of order more than once are guilty of an offence (by-law 26(6)).
Persons who interrupt the orderly conduct of a meeting may be ordered to leave and, if they refuse, removed with necessary force (by-law 31(1)-(2)).
Contravention or failure to comply with the by-laws is an offence with a penalty of $500 (by-law 38).

These duties and rights allocate responsibilities to administrative staff and elected officials, establish internal remedies and checks around mayoral power, and provide the public and media limited but defined access and procedural protections. The by-laws also create compliance obligations that carry criminal penalties and immediate enforcement mechanisms for the council and the mayor.

The by-laws create a limited enforcement framework combining internal procedural remedies, immediate physical enforcement at meetings, and a monetary penalty for contravening the by-laws.

Statutory penalty

By-law 38 prescribes that a person shall not contravene or fail to comply with these by-laws. The specified penalty is $500. The by-law does not elaborate whether that penalty is a fine recoverable as a fine in court or the procedural mechanism for prosecution; it simply sets the monetary sanction. The by-laws do not specify who prosecutes contraventions or the procedural route for enforcement.

Immediate enforcement powers and internal sanctions

Removal of persons: A person other than a member who interrupts meeting proceedings must leave on the mayor’s request (by-law 31(1)). Failure to comply constitutes an offence, and the mayor may order the person removed with such force as is necessary (by-law 31(2)). That provision authorises immediate physical ejection as an enforcement tool for preventing disturbance.
Sanctions for members: Under by-law 26, a member is guilty of an offence if ruled to be out of order more than once at a meeting (by-law 26(6)). The mayor may request that a member guilty of an act of disorder leave the meeting for the remainder of the meeting and apologize, without reservation, to members at the meeting (by-law 26(7)). The by-laws do not specify monetary or further disciplinary penalties beyond declaring an offence for repeat out-of-order conduct, nor do they specify referral routes to another body for sanction within the text.
Adjourning and closing: Where disorder arises, the mayor may adjourn the meeting for 15 minutes and quit the chair (by-law 27(1)). On resumption the mayor must move a motion (which is to be put without debate) to determine whether the meeting shall proceed (by-law 27(2)). If that motion is lost, the mayor declares the meeting closed (by-law 27(3)). Those are internal procedural enforcement mechanisms to restore order and prevent further disruption without invoking external remedies.
Rulings and dissent: The mayor’s rulings on points of order are to be obeyed but members may move a motion of dissent without notice (by-law 26(5), by-law 28A(1)). A dissent motion suspends further consideration of the matter (by-law 28A(2)), and if carried, either restores the matter to the course of business or allows it to proceed as if the ruling had not been made (by-law 28A(3)). The dissent mechanism is an internal check on mayoral power and provides a political remedy rather than a legal sanction.

Recording and transparency as indirect enforcement

Members present and voting may request that their names be recorded as having voted for or against a motion (by-law 17(3)), and the clerk must comply. Where a division is called, the clerk records the names of members who stood for the affirmative (by-law 17(5)). That transparency function creates reputational enforcement by public record and minutes.

Gaps and practical enforcement risks

The by-law creates offences (by-laws 26(6), 31(2), 38) but does not set out in the reprint the prosecutorial procedure, the court in which proceedings must be brought, time limits for laying charges, or the body responsible for prosecuting breaches. The reprint also does not set out administrative sanctions short of criminal penalty for members (censure, suspension, referral to a tribunal). The available internal remedies are procedural (request to leave, adjourn, motion of dissent, request for apology). For formal disciplinary outcomes beyond the meeting’s powers, the by-laws are silent in the text provided.

Delegation and use of force

The mayor’s power to authorise removal "with such force as is necessary" (by-law 31(2)) is an explicit authorisation of physical removal for non‑complying members of the public, but the by-laws do not set out limits or oversight on the exercise of such force, nor do they indicate whether police assistance is required or how use of force is to be documented.

In short, enforcement is a mixture of internal procedural controls and limited criminal sanction. Operational enforcement relies heavily on the mayor and the clerk to apply the by-laws in real time, and there are substantive questions about how monetary penalties and other criminal provisions are to be applied in practice that are not answered within the by-law text.

These by-laws are framed explicitly as "By-laws under the Local Government Act 2008" and contain cross‑references and implied interactions with that Act and with external procedural instruments. The reprint itself makes specific interaction points.

Subordination and enabling Act

The by-laws are by-laws made under the Local Government Act 2008, as identified in the instrument heading. That Act is the primary statutory authority conferring the power to make these by-laws. The by-laws are procedural rules subordinate to the Act and must be read and applied consistently with any mandatory provisions of the Act.

Standing Orders of the Legislative Assembly

Where a matter arises at a council or committee meeting "which is not provided for, in part or in whole, by these By-laws," the matter "shall be dealt with in accordance with the procedures in the Standing Orders of the Legislative Assembly, so far as those orders are applicable" (by-law 37). That imports parliamentary standing orders as a gap-filler for matters not covered by the by-laws. Practically, this means parliamentary practice may inform council procedures when the by-laws are silent, but only to the extent that those standing orders are applicable to a municipal council setting.

Local Government Act 2008 consequences

The by-laws do not reproduce the Local Government Act 2008 in the text provided, but because they are made under that Act, any procedural requirement in the Act (e.g., statutory duties of councillors, election rules, or probity obligations) will have primacy. The reprint does not state what statutory enforcement, review, or appeal mechanisms the Act provides, but those mechanisms may affect how by-law breaches are addressed outside internal remedies.

Criminal and public-order law

The by-laws authorise removal of persons and the use of force to remove non‑complying persons from meetings (by-law 31(2)). Any exercise of force must also comply with criminal law, policing statutes and public-order regulations. The by-laws do not purport to displace criminal law constraints; rather, they create an authorised context for removal, leaving wider legal constraints (use of force, assault, trespass) to other law.

Freedom of information and open‑government laws

The by-laws regulate public access to meetings and specifically allow the council to close committee meetings unless a resolution orders otherwise (by-law 35A). The by-laws do not address access to documents beyond the business paper distribution rules (by-law 5(2)). Where freedom-of-information or public records laws apply, they will interact with the by-laws’ provisions on public access and minutes; the by-laws do not displace statutory rights to access documents or records under other legislation.

Workplace and employment law

Officers and staff are referenced (for example the clerk and officers whose reports are included, by-law 5(3)(e); by-law 22 requires members to refer to officers by title). The by-laws do not create a code of employment discipline nor do they amend staff employment rights; workplace disputes and protections remain subject to employment legislation and contract terms.

Local planning, confidentiality and statutory secrecy

The by-laws permit committee meetings and minutes to be closed to the public except where the committee or the council resolves otherwise (by-law 35A). That interacts with any statutory confidentiality or open‑meeting requirements in other legislation. If other laws require disclosure of particular matters, the council cannot use these by-laws to override those statutory disclosure obligations.

Procedural law and judicial review

The by-laws establish internal procedural remedies (motions of dissent, rescission procedures) but do not provide or limit any external judicial remedies. If a party claims a breach of statutory procedure under the Local Government Act 2008 or alleges that the council acted beyond its powers, judicial review principles and statutory remedies in higher law may apply. The by-laws do not describe judicial review or appeal routes.

Amendment and repeal interactions

The Endnotes show that various by-laws have been amended or repealed by subsequent Acts (Statute Law Revision Act 2004; Local Government (Consequential Amendments) Act 2008), meaning the by-laws operate in an amendment ecosystem. The Local Government (Consequential Amendments) Act 2008 in particular appears to have altered or repealed elements (see Endnotes and list of amendments).

In short, these by-laws are a subordinate, procedural instrument that imports and must be read alongside the Local Government Act 2008, parliamentary standing orders as a gap-filler (by-law 37), and other statutory regimes (criminal law, FOI, employment law). The by-laws supply internal meeting mechanics but do not displace external legal obligations and remedies; where the reprint is silent on external enforcement and prosecutorial detail, those matters will be governed by other statutes and common law procedures.

The reprint contains an Endnotes section that records notification and commencement and lists formal amendments. The relevant dates and amendment instruments in the reprint are as follows.

Initial making and commencement

Alice Springs (Council Meetings and Procedures) By-laws (SL No. 42, 1987) , Notified 4 November 1987, Commenced 4 November 1987. This is the original instrument referenced in the reprint.

Subsequent amendments (as listed)

SL No. 26, 1992 , Notified 1 July 1992, Commenced 1 July 1992. The Endnotes identify multiple by-laws amended by this instrument. Specifically the list of amendments in Endnote 4 indicates that bl 8, bl 10, bl 15, and several others were amended by No. 26, 1992 (see Endnote 4 mapping).
SL No. 1, 1993 , Notified 3 February 1993, Commenced 3 February 1993. At least bl 18 was amended by No. 1, 1993 per Endnote 4.
Statute Law Revision Act (No. 2) 2004 (Act No. 54, 2004) , Assent 15 September 2004, Commenced 27 October 2004. Endnote 4 shows bl 2 amended by Act No. 54, 2004, s 8.
Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008) , Assent 14 November 2008, Commenced 1 July 2008 (s 2). Endnotes show this Act repealed certain provisions (for example, bl 2 is shown as repealed by Act No. 28, 2008, s 4) and amended others (bl 29, bl 33, and bl 29 as amended by Act No. 28, 2008, s 4). The notation in the reprint attributes a number of amendments and repeals to Act No. 28, 2008.

General and formal amendments

Endnote 3 records that the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) made general amendments of a formal nature to bl 1 (the short title) in a manner that is not otherwise detailed in the reprint’s table of amendments.

Mapping in Endnote 4

Endnote 4 provides a mapping between by-law numbers and amendment instruments. Specific entries include:
- bl 2: amended Act No. 54, 2004, s 8; repealed Act No. 28, 2008, s 4.
- bl 8: amended No. 26, 1992, bl 2.
- bl 10: amended No. 26, 1992, bl 3.
- bl 15: amended No. 26, 1992, bl 4.
- bl 16-17: substituted No. 26, 1992, bl 5.
- bl 18: amended No. 1, 1993.
- bl 23-26, 28, 28A, 31, 33, 35A: variously amended or inserted by No. 26, 1992 or Act No. 28, 2008 as mapped in Endnote 4.
- bl 35A: inserted No. 26, 1992, bl 13.
- bl 38: substituted No. 26, 1992, bl 14.

What the mapping means operationally

The Endnotes identify several rounds of amendment in the early 1990s (SL No. 26 of 1992 and SL No. 1 of 1993) that materially changed a number of by-law provisions. Later, the 2004 and 2008 legislative amendments effected further change, including repeals and substitutions. The reprint we have is styled "As in force at 1 July 2008." That date coincides with the commencement of the Local Government (Consequential Amendments) Act 2008 on 1 July 2008, meaning the reprint incorporates amendments up to that date.

Practical steps when consulting the history

Where a practitioner needs to know the precise content of a by-law at a point in time before or after the listed amendment dates, the Endnotes provide the instruments to locate prior versions (SL No. 42 of 1987; SL No. 26 of 1992; SL No. 1 of 1993; Act No. 54 of 2004; Act No. 28 of 2008). For any post‑2008 changes the reprint does not reflect them; the Endnotes note an Interpretation Legislation Amendment Act 2018 formal amendment to bl 1, but do not show any substantive policy changes beyond those set out.

Limitations in the reprint

The Endnotes list the instruments and the by-laws they affected but do not provide textual annotations of each amendment’s precise content within the reprint text beyond the consolidated form. For detailed historical analysis , for example to know how a particular by-law read between 1987 and 1992 , one must consult the original statutory instruments and amending instruments identified in the Endnotes.

In summary, the by-laws have been through several amendment rounds, principally in 1992-1993 and later in 2004 and 2008, with formal amendment housekeeping in 2018. The Endnotes supply the statutory instruments and dates required to locate prior versions and to verify changes.

The reprint contains no case citations, no judicial decisions, and no account of litigation challenging these by-laws. It does not record any court proceedings, appeals, or judicial reviews concerning the by-laws themselves. The document therefore provides no internal record of litigation history to analyse or cite.

What the absence of litigation references in the reprint implies

The by-laws as reprinted do not purport to summarise or list any legal challenges. That absence can mean one of several possibilities that cannot be resolved from the reprint alone: there may simply have been no reported litigation directly challenging these by-laws; there may have been unreported local disputes dealt with administratively; or any litigation may have arisen under related statutory provisions (for example, under the Local Government Act 2008) and therefore not be recorded in the by-law reprint.

Where litigation would most likely arise

If litigation were to occur based on the by-laws, likely avenues would include:
- Judicial review of council procedure on grounds of illegality, procedural unfairness, or failure to follow mandatory statutory procedure under the Local Government Act 2008. The by-laws do not preclude such review.
- Challenges to the exercise of mayoral powers where a party alleges the mayor acted beyond the by-law’s limits, or contrary to the Act.
- Disputes about access and openness where the council or a committee purports to close meetings or withhold minutes; such disputes might invoke open-government or administrative law principles.
- Criminal proceedings under the by-law offence provisions (by-law 38) for contravention of the by-laws, or under by-law 31(2) for failure to leave when ordered.
- Employment or disciplinary actions where an officer claims a member’s conduct breached employment protections or defamed an officer.

Limits to inference

The reprint does not provide outcomes of any cases or identify relevant litigation under the Local Government Act 2008 or other statutes. Any search for litigation history must go beyond this by-law reprint to case law databases, court records, and local reporting to determine whether these by-laws have been subject to judicial scrutiny and, if so, the legal doctrines developed.

For practitioners: where to look next

To establish litigation history, search:
- Territory court databases for cases citing the Alice Springs by-laws or decisions involving the Alice Springs Town Council.
- Administrative and judicial review decisions referencing council procedural irregularities under local government law.
- Local media archives where disputes over meeting procedures might be reported.

Because no litigation history is recorded in the reprint, the document does not provide precedential material or judicial interpretations that might clarify ambiguous provisions such as the scope of the mayor’s authority to use force to remove a person or the application of the offence provisions.

This section highlights practical pitfalls and friction points that arise from the by-law text itself. Each "gotcha" is grounded in a specific provision.

Mayor’s precedence and unilateral controls

By-law 8 grants mayoral minutes precedence "over all other matters for consideration at the meeting." That creates the practical effect that a mayor can introduce and prioritise business despite the pre-circulated business paper, without notice requirements. Practitioners must therefore anticipate that the mayor can reshuffle priorities mid-meeting. Because the by-law does not limit content or subject matter of mayoral minutes, this can affect strategic timing for contentious items.

Deputation discretion and 7 clear days requirement

Deputations must apply in writing not less than 7 clear days before the meeting and the mayor decides whether the deputation may be heard (by-law 10(2)-(3)). A local group that misses the 7-day window can be excluded, and the mayor’s determination is discretionary. The by-law also constrains speaking for deputations: ordinarily only one representative is heard (by-law 10(5)). Practitioners must plan communications and community engagement to meet the timeframes and accept that mayoral refusal is not subject to an internal review mechanism in the by-laws.

Public excluded from committee business by default

By-law 35A provides that committee meetings and minutes are not open to the public except where the committee or the council resolves otherwise. That is a significant limitation on transparency. If an issue is handled solely at committee level, members of the public and media will have no access unless a resolution opens the meeting. Counsel or public advocates expecting committee-level transparency should not rely on an automatic right of access.

Short notice motions and rescission traps

A resolution "may not be altered or rescinded unless a notice of motion to alter or rescind the resolution is given in accordance with this by-law" (by-law 18(1)). The procedural requirements for rescission are demanding: written, signed by mover, name of seconder endorsed, and given to the clerk not less than 7 days before the meeting (by-law 18(2)). Additionally, where a rescission motion is lost, a similar motion cannot be moved for 3 months (by-law 18(4)). Practically, this makes reversing council decisions slow and requires careful planning if members intend to challenge resolutions.

Procedural motions put without debate, repeat limitations

Procedural motions such as "that the question be put" are put immediately and without the need for a seconder (by-law 19(2)). A member who has moved such a motion and lost cannot move a similar motion for 30 minutes (by-law 19(3)). These rules create tactical options to shut down debate quickly but also impose timing risks if members mis-time procedural moves.

Power to dispense with by-laws and impact on predictability

By-law 36 allows members at a meeting, by resolution, to dispense with a requirement of these by-laws in relation to that meeting. That gives the council itself the power to override procedural constraints, which can be useful but also creates unpredictability: protocols members expect to rely on (notice periods, public access, speaking time) can be set aside by a resolution at the meeting itself.

Physical removal authorised; oversight gap

By-law 31(2) authorises removal "with such force as is necessary" where a person refuses to leave. The by-laws do not prescribe oversight, reporting, or proportionality checks on the use of force. An officer or mayor authorising removal risks civil claims or criminal exposure if force is excessive or improperly applied. The by-laws do not specify whether police assistance is required for forcible removal.

Recording of votes and potential reputational consequences

By-law 17(3) allows any voting member to request their vote be recorded in the minutes, and the clerk must comply. Divisions can record names of affirmative voters (by-law 17(5)). Members who expect secret ballots or anonymous voting should note this is not the default; votes can become part of the permanent public record.

Quorum definition tied to physical presence and allocated seat

For quorum, a member is present if they are in the room and seated at the place allocated to them for the meeting (by-law 29(3)). Remote attendance or members merely being in the building but not seated in their allocated place may not count. Absent express provision for remote participation, reliance on video/teleconference attendance risks quorum disputes.

Limited sanctions for members within text

The by-laws provide immediate procedural sanctions (request to leave, repeated out-of-order offence) and a monetary penalty for failure to comply (by-law 38), but they do not set out a robust disciplinary scheme (suspension of a member, censure, referral to other bodies). Practitioners seeking clear escalation paths for persistent member misconduct will find only limited options in the by-laws themselves; broader sanctioning mechanisms may reside in the Local Government Act 2008 or other instruments.

Committee secrecy vs public right to know

The combination of by-law 35A (committee closed by default) and by-law 5(2) (business paper made available to the public at the council office and other places as council resolves) creates an information asymmetry: some matters are listed on the business paper but committee deliberations may be closed and committee minutes unavailable. This has implications for FOI requests and for those seeking to follow the movement of particular items through committee to council.

Each of these "gotchas" arises directly from the by-laws’ text and has practical operational implications for councillors, clerks, members of the public, and advocacy groups. Awareness and planning around the timeframes, discretionary mayoral powers, voting and record-keeping rules, and the council’s power to dispense with the by-laws are necessary to avoid strategic surprises.

This section gives concrete, actionable compliance steps tied to the by-law provisions. It is written for clerks, councillors, officers, deputations and members of the public who will engage with council meetings.

For clerks and administrative staff

Business papers: Prepare the business paper "as soon as practicable" before each meeting or within the time resolved by council (by-law 5(1)). Ensure the business paper contains the categories listed in by-law 5(3), including outstanding business from prior meetings, mayoral matters, notices given under by-law 6, committee referrals and officers’ reports.
Public distribution: Make copies available to members and the public at the council office and at other places as resolved by council (by-law 5(2)). Maintain records of where and when business papers are posted to evidence compliance with distribution obligations.
Notice handling: Accept member notices under by-law 6, and include them on the business paper (by-law 6(2)). For notices to rescind or alter a resolution, ensure they are in writing, signed by the mover, show the seconder’s name, and are received at least 7 days before the meeting (by-law 18(2)). Track the 3‑month prohibition on similar motions following a lost rescission motion (by-law 18(4)).
Deputation processing: Receive applications from deputations at least 7 clear days before the meeting (by-law 10(2)). Notify the mayor, and, if the mayor permits the deputation, inform the deputation and arrange a hearing time (by-law 10(3)-(4)). Keep written records of the mayor’s determinations.
Minute-keeping: Record attendance including any postponed meetings and names of members present where quorum is absent (by-law 29(1)-(2)). Comply with members’ requests to record votes in the minutes (by-law 17(3)) and record names in divisions (by-law 17(5)). Document any removals of members of the public and the reasons for removal (by-law 31).
Procedural assistance: Be prepared to implement mayoral directions swiftly (by-law 21), to put procedural motions without debate (by-law 19(2)), and to show councillors the Standing Orders of the Legislative Assembly where matters fall outside the by-laws (by-law 37).

For the mayor and chair

Use precedence sparingly and transparently: A mayoral minute takes precedence (by-law 8). When introducing such a minute, be clear about reasons and the urgency that justifies deviating from the business paper to avoid procedural challenges.
Apply order procedures consistently: Call members to order under by-law 26(2) where appropriate; document warnings and any requests for apologies made under by-law 26(7). Use adjournment for disorder under by-law 27 only where necessary, and be prepared to move the resumption motion which is to be put without debate (by-law 27(2)-(3)).
Deputation management: Exercise the discretion under by-law 10(3) to permit hearings consistently and in accordance with any local policy to avoid perceptions of arbitrariness. Where you permit deputations, enforce by-law 10(6) on temperate speech and be ready to terminate an address under by-law 10(8) if the purpose is sufficiently explained.

For councillors

Notice compliance: Give notice of business to the clerk within the period the council has resolved (by-law 6(1)). If you intend to move a rescission, ensure the written notice requirements are met and the 7-day rule under by-law 18(2) is observed.
Motion discipline: Remember a motion placed on the business paper may not be withdrawn without a majority at the meeting (by-law 13). Seek a seconder when required (by-law 15), and ensure you understand the speaking limits: generally one speech and 5 minutes unless members consent to extension (by-law 23(2)-(3)).
Procedural strategy: Use procedural motions (by-law 19) carefully: they are put without debate and the mover cannot repeat a lost procedural motion for 30 minutes (by-law 19(3)). If you disagree with the mayor’s ruling, a motion of dissent can be moved without notice (by-law 28A(1)).
Voting record: If you want your vote entered in the minutes, request it at the time of vote and the clerk must comply (by-law 17(3)).

For members of the public and community groups

Deputation timing: File deputation applications in writing at least 7 clear days before the relevant meeting and address the clerk, not the mayor directly, to ensure the process is started properly (by-law 10(2)).
Behaviour expectations: At meetings, be temperate in speech and avoid offensive language; failure to comply can result in being requested to leave and, on refusal, removal using necessary force (by-law 10(6), by-law 31(1)-(2)). Do not attempt to take part in meeting proceedings unless invited or authorised under by-law 10 (by-law 32).
Public attendance: Attend meetings at the locations specified for public attendance by the council (by-law 30(1)). Be aware that committee meetings are not open by default (by-law 35A).

For legal advisers and compliance officers

Document compliance: Keep a checklist mapping by-law requirements (business paper contents, notice periods, deputation timetables, minute entries) to actual practice to defend the council against procedural challenge.
Policy alignment: Because the council can dispense with by-law requirements at a meeting by resolution (by-law 36), adopt standing policies to limit ad hoc waiver of essential procedural safeguards (for example, always require written notice for rescission motions unless a two‑thirds resolution permits otherwise).
Monitor intersections with higher law: Liaise with counsel to check how the Local Government Act 2008, FOI, privacy, and criminal laws affect enforcement actions such as removal or use of force; ensure any enforcement action has legal backing beyond the by-laws.

Checklist for a compliant meeting (practical)

At least one week before meeting: Clerk issues business paper containing required items (by-law 5(1)-(3)). Deputation applications closed 7 clear days beforehand (by-law 10(2)).
At meeting commencement: Confirm quorum with members seated in allocated places (by-law 29(3)). Mayor introduces mayoral minute if any (by-law 8).
During meeting: Ensure motions are moved and seconded before debate unless mover exercises right to speak immediately (by-law 15). Record any requests for vote recording (by-law 17(3)). Put procedural motions immediately without debate (by-law 19(2)).
If disorder occurs: Mayor can adjourn for 15 minutes and quit the chair (by-law 27(1)). On resumption the mayor moves a motion to proceed, which is put without debate (by-law 27(2)). If a member is repeatedly out of order, note that an offence applies (by-law 26(6)).
Post‑meeting: Clerk prepares and distributes minutes including any names requested to be recorded, records of postponed meetings, and any decisions regarding public exclusion of committee minutes (by-law 29(1), by-law 17).

These concrete steps and checklists engage the specific by-law clauses and provide a risk‑focused approach to compliance that minimises procedural challenge and supports transparent record-keeping.

ALICE SPRINGS (COUNCIL MEETINGS AND PROCEDURES) BY-LAWS 1987

Plain English Summary

Deep Dive

What it does

Current sections

ALICE SPRINGS (COUNCIL MEETINGS AND PROCEDURES) BY-LAWS 1987

Source text: opening excerpt

1 ALICE SPRINGS (COUNCIL MEETINGS AND PROCEDURES) BY-LAWS 1987

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply