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ALGA President plots path ahead for constitutional recognition

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The National General Assembly of Local Government finished yesterday with ALGA President Cr Paul Bell announcing that constitutional recognition would be the dominant issue for local government in 2008 culminating in a Constitutional Forum.

"The challenge is before us," Cr Bell said. "On Saturday a new Labor Government was elected. Labor's local government policy supports constitutional recognition. To deliver on this commitment Labor will be looking for our guidance on this matter."

On Wednesday the Assembly passed a motion by Bankstown City Council, New South Wales, proposed by Maribyrnong City Council Mayor Michael Clarke:

The resolution stated:

"That the National General Assembly reiterate its long standing call for amendments to the Australian Constitution to recognise the roles and responsibilities of local government, and calls on all political parties to adopt this as a formal policy position during 2007. That this 2007 National General Assembly call on all political parties to agree to hold a National Constitutional Convention to resolve the long outstanding issues of constitutional recognition, roles and responsibilities, and appropriate funding arrangements for local government in Australia."

The policy position was included in ALGA's election document, "A 10-Point Plan to Reinvigorate Local Communities."

"Over the past three days we have heard from constitutional expert Professor Cheryl Saunders, a number of you participated in a concurrent session on the topic and now we have resolved, once again that we must forge ahead to achieve constitutional recognition." Cr Bell said. “Our speakers and this debate have highlighted the opportunities and challenges around this issue.

"What stands out for me is the fact that if we are to be successful in achieving this goal, we must have a clear purpose. As well as resolute, we will need to be united, and we will need to be able to articulate our arguments effectively to governments and the Australian people.

"It will be a long journey. And local government will need to lead the way.

"Firstly, we will need to agree on our purpose and then determine the actual words that could be put to government and then ultimately to the Australian people in a referendum. We will then need to achieve bipartisan support and we will need to enlist the Australian public to our cause.

"The ALGA Board understands the opportunities and the challenge of achieving Constitutional recognition. That is why we have agreed to take practical action so that by this time next year we will have made substantial progress towards our goal."

Cr Bell said in the lead-up to the Constitutional Forum which would be convened in Canberra, the Mayors and Councillors of Australia would be faced with the challenge of reaching agreement on local government's purpose and a set of words that could be put to government with a view to take them forward to the Australian people in a referendum.

"In the lead-up to next year's Forum your state association will be seeking your involvement in a program of consultation and state-based deliberations. These inputs will be drawn together on the national stage at the Local Government Constitutional Forum.

Cr Bell noted that some State Premiers had called for a Constitutional Convention next year to discuss intergovernmental relations and the distribution of GST. "If this was to occur, ALGA will fight to make sure that local government is appropriately represented and actively engaged," he said

'Extraordinary opportunity' for constitutional reform

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Eminent constitutional lawyer Professor Cheryl Saunders emphasized the extraordinary opportunity for local government to move towards its long-cherished goal of constitutional recognition.

Speaking at the National General Assembly, Professor Saunders said with the revival of interest in federalism, it was important for local government to determine how formal recognition fitted into this context.

"The political climate offers a rare opportunity to renew and redefine the federation. Local government is extraordinarily well-placed to be part of that process."

Professor Saunders said strategic decisions about 'where and how' were required from local government. "One of the main challenges is to make constitutional recognition part of the movement to improve rather than erode the federation - to design a proposal that suits the purpose for which you are seeking it."

"The process will be as important as the context."

There were three possible categories: incidental recognition such as in Canada or in the 1974 referendum when local government was mentioned while empowering one of the other spheres of government; symbolic recognition, such as the 1988 proposal; and substantive recognition, which was protective and empowering. These categories were not necessarily mutually exclusive. Including local government in section 96 of the Constitution rather than amending section 51 may be preferable to secure local government access to grants.

Professor Saunders said the purposes of recognition had been deliberately vague in past referenda and it would be important to clarify this in any proposal. It also would be worthwhile to consider both Commonwealth and State Constitutions, with the German Constitution as a possible model with guaranteed protection for local government and financing within state law.

Debate continued at a concurrent session in which council representatives participated.

Welcome to the 21st Century - Richard Neville conjures up the future

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Futurist Richard Neville added spice to the line-up at the National General Assembly of Local Government by crystal-ball gazing into Australia’s social, political and cultural landscape.

Pondering on what the election slogan of 'new leadership' means, Neville said that he believed Australia was entering an 'age of ecology.' Australia was entering into a transformational period - following an age of cheap and abundant fossil fuel vs climate change, when we have pushed individualism to the detriment of community and politicians have exhibited a lack of foresight. According to Neville, a shift to alternative energies was going to require a shift in thinking." Personal transformation was the key to this new paradigm and it would no longer be acceptable to "put our own interests above the interests of the globe."

Neville predicted the current 'state of emergency' would be changed into a 'state of emergence' and a regeneration would occur to create a society which nourished the values of community. He said local government was well-positioned to lead the change and to engage in the future. Neville referred to the challenges of change which can be confronting and scary at times. He fondly recalled the early days of the environment movement which began with recycling bins at Nimbin and has now become "a global adventure, a campaign."

He said the trends of the future would increasingly focus on addressing the growing global divide between the rich and poor which if unchecked could lead to revolution and discontent. He mentioned the growth in community activism and calls for governments to put people before profits, the concept of micro-lending to alleviate individual and family poverty, and the concept that the earth has rights that require protection - earth jurisprudence.

In the future because of climate change, cities would be relocated inland and agricultural production shifted and there would be carbon-neutral cities such as the one planned in China. Threats would be the rise of 'lethal ideas' - Neville defined these as 'military and market fundamentalism' - and the decline of free speech.

The response needed to be to 'listen, watch and gather information' and cultivate an openness to new ideas. Communities will strive for a balance of materialism and spirituality, integrity and interdependency towards a new concept of the 'common good' and helping each other succeed - a collaborative individualism and connective community. In this new society, "the future will no longer be taken for granted but rescued. A society where adapting to reality and making the future is more exciting than the past. Welcome to the 21st century!"
From the President

This has been one of the most action-packed weeks I can remember. The National General Assembly has followed straight on the heels of the election result and the Ministry will be sworn in on Monday.

As an organization that strives for bipartisanship, ALGA has always prided itself on working closely with the government of the day and we are ready and able to work closely with the new Government in a spirit of collaboration and cooperation.

Though as in a family, we will also have our differences which we will attempt to resolve behind the scenes with frank and fearless discussions and we will work hard to achieve positive outcomes of benefit to Australian communities. The first cabs off the rank will be to ensure the implementation of our 4-year $250 million per annum Local Community Infrastructure Renewals Fund, to advance our long-held ambition for constitutional recognition, and to keep fighting for fair funding and a portion of direct taxation revenue as recommended in the PricewaterhouseCoopers (PwC) report into local government financing.

Local government has had several wins this year in terms of the '3Fs' campaign. The theme of last year's National General Assembly, Pushing the Agenda, certainly reflected the momentum we have seen over the past 12 months.

We are in a stronger position in terms of advancing our agenda than we were last year. We have put the issue of infrastructure onto the national stage and will be working closely with the new government to ensure local government, with its $14.5 billion infrastructure backlog, is at the front of the decision-makers minds. It is an issue which must be urgently addressed.

Infrastructure is the glue that holds our communities together. If we let our parks and playgrounds become deserts, then our streets will become jungles. Our children need parks and playgrounds that are well-maintained. It keeps them safe and ensures the safety of our communities.

This is something I feel strongly about, and I know it is an issue all of us in local government feel passionately about too. I know because you have written to me, because you have worked hard to make sure your local MPs know the situation, and I know because you have registered over 1,000 examples of community infrastructure on the ALGA Community Infrastructure Ideas Register on our website.

Though we have achieved much in 2007 in putting our agenda onto the map and ensuring it is considered at the highest levels of decision-making, the work has only just started. In 2008, we must build on the recognition and momentum we have won and ensure it is translated into good policy.

The Federal Government has signaled that climate change partnerships with local government will be part of the way they will do business and we will strengthen our current partnerships in health, managing water resources, and of course infrastructure, emergency and disaster management, transport and aged care. Areas we would like to work more closely with the government on are broadband roll-out, urban transport, housing affordability, financial reform and federal-state relations, airport planning, sea-change and coastal zone management.

Local government will use its position at the Council of Australian Governments (COAG) and Ministerial Councils to continue to push for reforms, including the issue of fair funding. Drawing on the PwC report, we have already put the issue of local government financing on the COAG agenda and will work to ensure it stays there.

While the election is over, this is not the time to cool our heels. It is the time to keep up the pressure, to continue to lobby, to ensure the gains of the past year are multiplied and reflected in Budget statements, in policy announcements and in the building of new roads, sewerage and water infrastructure, and importantly in community infrastructure in 2008. It is also up to us to continue to lobby for this. Ovals, parks, playgrounds, sporting facilities, community halls - these are the lifeblood of communities - and without renewal, communities will suffer. ALGA has worked hard to produce local government's election document - 'A 10-Point Plan to Reinvigorate Local Communities' - to ensure that opinion leaders can no longer ignore the plight of their local facilities and have to do something to fix this worsening problem.

All I ask from each one of you is the means to get the job done. We have come a long way but there are many important challenges ahead.

Cr Paul Bell AM
ALGA President

NSW discussion paper on planning changes

The changes proposed in the NSW Government's Discussion Paper on the Planning Reform Agenda threaten the ability for families to have a say on what is built next door, according to the Local Government and Shires Associations of NSW.

Commenting on the paper released by Planning Minister Frank Sartor, the Associations said at first glance their main concerns were the increased role of building certifiers together with regional panels.

"Increased powers to building certifiers and the implementation of regional panels would reduce council planning powers and the ability for mums and dads to have a say on what is being built next door," President of the Local Government Association of NSW, Cr Genia McCaffery said.

"Regional developments can be anything from a shopping centre to a block of units - which all have a significant impact on the look and feel of communities.

"On the plus side we are relieved the minister has listened to Local Government and acknowledged the importance of e-planning, but we will examine the Planning Assessment Commission closely to ensure the Government's powers are not expanded."

"The paper advocates extending the role of private certifiers, even though councils receive endless complaints about the failures of the system," President of the Shires Association of NSW, Cr Miller said.

"It is irresponsible to increase the power of private certifiers under current circumstances, so we'll be looking at this recommendation closely to ensure the system is improved."

The Associations said they would assess all of the implications and consult councils around the state before formally responding to the paper.

Women gain sponsorship recognition

The Australian Local Government Women's Association President Kaele Way has announced that the work of ALGWA would be supported and sponsored for the next two years by Australia Post and Veolia Environmental Services. Speaking at the ALWA breakfast at the National General Assembly, Ms Way also announced that the Victorian program for mentoring women in local government would be adopted by other states and praised the efforts of State and Territory Local Government Associations.
Anthony Albanese appointed new Local Government Minister

Anthony Albanese has been appointed as the new Infrastructure, Transport, Regional Development and Local Government Minister in the Labor Government's new front-bench. This will be a Cabinet position. Mr Albanese was formerly the Labor spokesman for Infrastructure and Water and Manager of Opposition Business in the House of Representatives. In his first speech in Parliament in 1996, Albanese spoke of the need for long-term infrastructure planning. Gary Gray, former National Secretary to the ALP and the new Member for Brand, WA, has been appointed the Parliamentary Secretary for Infrastructure, Transport and Regional Development.

Local govt. praised on climate change and greenhouse leadership

A top economic forecast group, National Economics, has singled out local government for praise for its practical environmental moves.

National Economics has been preparing its State of the Regions reports for the Australian Local Government Association for a decade. The reports look at 64 regions. This provides greater insight into what is really going on across Australia and enables policies to be adjusted to meet the real problems of our regions.

"The report for 2007-08 contains cogently argued evidence that local government and regional communities are leading the way when it comes to acting on the climate change crisis and the greenhouse effect," says ALGA President, Cr Paul Bell.

"The report clearly demonstrates that local government is way in front when it comes to encouraging behavioural change on these issues," the President points out.

"Australia's local government bodies are there on the ground; they are ideally placed to respond to the real concerns of local communities on greenhouse and climate change."

In its report National Economics urges State/Territory and the Commonwealth governments to support this community leadership. It points as an example to coastal councils studying possible cyclone and storm surge impacts. As well the councils were reviewing such things as emergency response procedures, building codes and locational planning strategies.

National Economics also uses as a case study - among other examples it gives of local government actions cutting greenhouse emissions - Victoria's Mount Alexander Shire centred on Castlemaine and Maldon.

Mount Alexander Shire has plans in place to cut the shire's greenhouse gas emissions by 30 per cent on 2000 levels by 2010. The report says the shire has a suite of practical measures in place. As well it was a very active member of the Central Victorian Greenhouse Alliance.

National Economics says that as a spin-off it has benefited from media attention. This resulted in the marketing of the shire as an increasingly forward-looking place to be. "This developing image of the shire is starting to attract the interest of 'green' businesses so the prospects of establishing a cluster of 'new economy' businesses in the shire are looking positive," the report says.

Plebiscites give communities last chance say on council amalgamations

Ballot papers posted to electors in 85 Queensland council areas affected by the state government's forced amalgamations would give communities their last and only say to express their feelings about the government’s decisions, Local Government Association of Queensland president, Cr Paul Bell said this week.

"Throughout the government's forced amalgamation process, it was obvious the last thing it was going to do was to actually ask the people affected what they thought," Cr Bell said.

"Now, through the Australian Electoral Commission, in a process instigated by John Howard and supported by prime minister-elect Kevin Rudd, the communities finally have a chance to have a say," he said.

"The AEC posted ballot papers to electors in the 85 council areas last week, asking a simple question: Do you support the Queensland Government's decision to amalgamate your Council with other Council areas?

"Urban communities must return their ballots to the AEC no later than December 7 and rural communities by December 14.

"The LGAQ fought hard, in a six-week campaign, to secure the right of the people to a plebiscite - against the wishes of the state government - while specifically resolving that it would not support either the 'yes' or ‘no’ cases. The decision is entirely up to councils and their communities.

"I make the point that the LGAQ is not anti-amalgamation, but it has been strongly opposed to forced amalgamations with the attendant abysmal lack of community consultation."

Cr Bell said the AEC expected to finalise counting of the ballot papers by December 21.

MAV supports reforms to improve governance

The Municipal Association of Victoria (MAV) has welcomed the release of a discussion paper by the Victorian Minister for Local Government detailing a range of proposed reforms to support councillor conduct and strengthen local governance.

Cr Dick Gross, MAV President said that communities were entitled to expect their local elected representatives to behave in an acceptable manner and stronger, more transparent governance processes would increase confidence in the decisions and responsibilities that are entrusted to councils.

"The reality is that self regulation does not always work and tougher mechanisms are needed to deal with the rare and regrettable instances of alleged breaches of councillor codes of conduct and disputes.

"The reputation of the sector is too easily susceptible to being undermined by infrequent but highly-publicised acts of misbehaviour by rogue councillors.

"The MAV has been examining processes and models to deal with councillor conduct for more than 18 months, as current legislation mostly deals with sanctions for whole councils, not individuals.

"Lapses in councillor behaviour such as violence, bullying, intimidation and aggression are unacceptable and the proposed reforms offer mechanisms to ensure these serious matters can be properly dealt with.

"Initiatives include 10 principles of proper councillor conduct to be enshrined in legislation so minimum expected levels of behaviour are clearly known and understood by all.

"The recommendation for inclusion of these principles in Codes of Conduct is particularly pleasing as it ensures councils will maintain primary responsibility for dealing with conduct matters.

"The establishment of Councillor Conduct Panels on a needs basis will assist with enforcement by providing councils with independent external support to deal with minor breaches of their code.

"The reforms also include provisions to discourage inappropriate use of the complaint process, with Panel members able to dismiss a trivial, vexatious or unreasonable application.

"In keeping with good democratic judicial principles, it is proposed that appeals against Panel decisions and serious misconduct allegations will be heard by the Victorian Civil and Administrative Tribunal (VCAT)."

State of the Regions report 2006-07