RESIDENTS will have two months to make submissions on changes to Shellharbour City Council’s meeting policy that could see people under the age of 18 banned from addressing meetings.
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Last week council adopted amendments to the Code of Meeting Practise which included banning under 18s from speaking at councils monthly ordinary meetings.
Two of council's regular pre-teen speakers: 11-year-old Nathan Marsh (son of councillor Kellie Marsh) and 10-year-old Calum Harvie-Mckay were among nine people who spoke against the change.
Nathan said any legal implications could be solved through a signed document from a parent or guardian.
“I’m trying to be involved and play a positive role in Shellharbour. I am embarrassed and down about this,” he said.
Calum said the move would impact not only him but everyone under the age of 18 in Shellharbour.
“Why don’t you let kids get a head start in learning about council by talking?” he said.
“Do you think I am dumb? All I want to do it help my school and Warilla Child Care Centre.”
The report to council on the topic said the changes were recommended by an external source following councillor concerns during the year and a workshop with an external facilitator.
Mayor Marianne Saliba said restricting people under 18 wasn’t to prevent young people from participating in council matters but rather to avoid possible legal implications. Cr Saliba later moved a motion to investigate forming a youth council.
An Office of Local Government (OLG) spokesperson said ultimately the council’s liability for defamatatory statements would be determined by the courts therefore, “It would be reasonable for council to take advice from its insurers and legal advisers in relation to any potential liability in this regard,” the spokesperson said.
“It is a matter for each council to decide whether its meeting code should provide for public participation and how that is to occur.”
Cr Paul Rankin referred to his own research and said the minds of children were easily manipulated
“All the worst political movements in history from the Nazis to Taliban have been youth heavy,” he said.
“Which is no surprise because teenagers are on average the least well informed members of society.
“Scientific research suggests that people do not reach their mental maturity until their mid-20s. The age of 18 is a fair and reasonable age.”
Calum's father Charles Harvie also addressed councillors and said the move would exclude more than 25 per cent of the population of Shellharbour.
Ken Stratton said restricting people under the age of 18 was against the Anti-Discrimination Act 1991 and Age Discrimination Act 2004.
“The act makes it unlawful to discriminate against a person because of their age,” he said.
Cr John Murray voted for the motion but said a further briefing session was necessary.
“I would expect there will be some information on whether it is unlawful and what the other positions are of other councils in NSW,” he said.
Cr David Boyle said the age limit needed more research but voted to have the draft go on public exhibition for submissions and then councillors could consider at a later date.
The matter will return to council for consideration after February 9, 2015.