In our last editorial we referred to various State and Territory Governments trampling on the rights of Councils and their communities, adding fuel to the argument that Local Government’s place in our system of governance needs to be fully protected via our Constitution.
The extraordinary situation in Tasmania, resulting in Councils being forced to pose referenda questions concerning amalgamation to their communities before the final recommendations of the Local Government Board had been released ( see page 1), is yet another example of a State Government having scant regard for Local Government and the communities they serve. Around half of Tasmania’s 29 Councils have gone to the people to obtain their views about changes to boundaries. However, the Government has also made it clear it will not be bound by these results!
The Local Government Board has recommended Transition Committees to drive the change process, with the Councils involved deciding the composition of these Committees. It is expected the Tasmania Government will embrace this recommendation and not pursue the undemocratic path of locking local people and their representatives out of the reform process.
The Government need only look across Bass Strait to see the fallout being experienced in some Councils resulting from the usurping of local democracy while State appointed Commissioners ran Local Government in Victoria.
With elected representatives finally returned to all but one Victorian Council in March last year, a number of Councils are currently sorting out the financial and policy repercussions from decisions made by unelected Commissioners.
Some Councils have reported a flurry of decision making, particularly the locking in of contracts, in the last month or two before the elections. Not only have Councillors found there is often little left to do, but on the pretext of commercial confidentiality, the Council cannot be privy to certain aspects of these contracts.
Situations have arisen where a Council, as the duly elected representatives of the local community, and responsible party to the contract, is denied access to aspects of contracts, involving both external suppliers and internal staff appointments.
Described as ‘Commissioners ruling from the grave’, some Councils have found certain powers have been delegated to their Chief Executive Officer by Commissioners. Moreover, much of this is confidential, again by the decree of these State appointees.
Residents have elected Councils to make policy decisions and resolve contentious issues, but some Councils are being frustrated because matters, particularly in the planning area, may have been delegated to their CEO. So much for open and accountable government in Victoria. Furthermore, the question as to whether any of these contracts include provisions outside the powers of the Local Government Act needs to be cleared up quickly.
