Independent Zoe Daniel has appealed against a council ruling that political signs cannot be erected until the election is called, arguing it is inconsistent with its own advice and neighbouring councils which have allowed Josh Frydenberg signs.
On Friday the Bayside City Council reversed its position on the sign stoush in the Goldstein electorate, ruling in favour of the Liberal MP Tim Wilson, who complained Daniel’s signs had been erected prematurely.
The council now claims that because the House of Representatives election is not technically due until 3 September, signs put up before 3 June are unlawful – until the election is called.
Daniel’s lawyers, Jonathan Evans QC and barrister Vicki Bell, have written a complaint arguing the council has used its power “to prevent political communication”, contrary to the practice of other councils in Melbourne.
Daniel’s lawyers noted the presence of “a large number of signs … which promote the candidacy of the sitting member, Josh Frydenberg”.
Glen Eira Council, which partly covers Goldstein, “has made no objection” to Daniel’s signs, they said, despite the council’s having rules identical to Bayside’s.
The bylaws allow signs to be displayed for 14 days after an event or three months in total, whichever is sooner. A spokesperson for Frydenberg said: “We are abiding by local council rules.”
Daniel’s legal advice also warned that Bayside’s interpretation of the rules is contrary to the implied freedom of political communication and the principles of statutory interpretation.
It warned an inconsistent application of the rules would prevent “some Bayside residents from participating in the political process” – querying whether this is the council’s intention.
Daniel’s lawyers argued the council has also contradicted written advice it gave to a councillor to pass on to one of her volunteers in December.
On 10 December Matthew Cripps, director of city planning and amenity, noted “election signage is exempt from needing a planning permit” in an email which Daniel argues noted the relevant time limits but made “no reference to the election having to be called” or that signs are only allowed three months prior to the latest possible date of the election.
“We are very concerned about the uncertainty, confusion and anger this issue has caused within the community, particularly in circumstances where Tim Wilson is making statements to the effect that local residents displaying signs will face ‘huge fines’ and council is now threatening to ‘undertake the action necessary to achieve compliance’,” Daniel’s complaint concluded.
Last week Wilson wrote to his constituents accusing Daniel’s campaign of “ignoring the council” by allegedly unlawfully erecting signs before the election had been called, and urging them to dob in her supporters.
Wilson had said: “I feel sorry for those households about to be fined nearly $1,000 each … because their candidate is knowingly encouraging them to break the law.”
On Monday Wilson told Guardian Australia: “Council has advised us that if we erect signs we will be in breach of the law and get fined, so we have complied and not erected signs.”
Wilson defended his warnings about fines, arguing it was “other candidates” encouraging their supporters to erect signs putting them at risk.
“Any candidate with integrity would not seek political reward for knowingly breaking the law.”
Consistent with earlier advice, @BaysideCouncil confirms election signs on homes need planning permits until poll is called, or 03/06 (<3 months 03/09). We’ve always obeyed this law. All candidates should show integrity & do the same. https://t.co/ksLeW6G1Zd
— Tim Wilson MP (@TimWilsonMP) February 25, 2022
On Thursday Glen Eira Council’s director of corporate services, Peter Swabey, told Guardian Australia it is “not aware of any complaints regarding a breach … of the planning scheme in relation to the issue which you have raised”.
Guardian Australia contacted Bayside City Council for comment.
