The following is from Mayor Rosemary Craddock, President,
Local Government Association of South Australia.
Despite the complexity and enormity of the task at hand, the interest in the review process from within Local Government has been overwhelming. At a recent workshop forum conducted by the Local Government Association (LGA), over 280 elected members, Council employees and representatives from ratepayer associations attended.
The workshop strongly reinforced to participants the notion that ‘we have a choice’ regarding the make up of the consultation draft Bills. At the commencement of the review process, the State’s Local Government Minister, Mark Brindal, assured Local Government that he was committed to getting the Act ‘right’.
He has also been clear in reinforcing that the Government has not made any policy commitments to the consultation draft bills. ‘Right’ to Local Government means an Act that is innovative and will take us into the next century. One that will give Councils the appropriate level of autonomy to meet the needs of their community, supporting local performance improvement and local accountability.
From feedback received from Councils to date, the draft Bill needs considerable revision before it matches their vision of a piece of legislation that promotes autonomy, performance and accountability
A cause of great concern in the draft Bill is the proposed introduction of an Areas Commissioner. This position is proposed to replace the current Boundary Reform Board. The Areas Commission’s powers would, however, be far wider reaching than those of its predecessor.
It is proposed that the Commissioner could undertake inquiries on the effectiveness, efficiency and accountability of the Local Government Sector as a whole; and on matters referred by the Minister – although the Minister has indicated that this was not the intention when the Bills were drafted.
Representatives from Local Government have commented that this level of review and intervention will clearly undermine the fabric of local democracy. Appointing an Area Commissioner is one feature of the draft Bill that is causing considerable discussion, there are however, a wide range of other issues that require further investigation and clarification.
Such issues include the possibility that Councils will be subjected to an increase in frivolous and vexatious complaints due to a new review of decisions procedure; the possibility of greater intervention from the Minister of the day; and the requirement that Councils ‘must co-operate’ in designing and achieving State and National objectives. Copies of our solicitors’ analysis of the Bills can be found on our website <www.lga.sa.gov.au> along with links to the OLG site which has downloads of the actual Bills.
While a great number of deficiencies have been highlighted in the draft Bill, it must be emphasised that Local Government is strong in its support for the revision of the existing 65 year old Act. Councils and the LGA have been working together to provide alternative solutions to perceived problems. The Minister is expected to honour his commitment to ensure that the Bill that goes before Parliament later in the year will meet the requirements of Councils and the communities they serve now and for many years to come.
Following the successful voluntary amalgamations program in SA, Councils are in the strongest position they have been in SA’s history. That strength along with the traditionally high level of cooperation with State Government may be tested over coming months as we look to update the laws which provide for our ‘constitution’ and which protect local democracy in this State.
