“Our democracy deserves to have Local Government recognised in the Australian Constitution,” said ALGA President, Councillor Paul Bell. “And Local Government should be at the Federal table as an equal partner with the other spheres of government. It is tragic that in 2007 we are not part of the Constitution, and can still have our rights trampled on by State Government.”
With formal recognition of Local Government a key policy platform of the Australian Local Government Association, Professor Cheryl Saunders, from Melbourne University Law School addressed the National General Assembly on developing a framework to progress this issue.
Professor Saunders, who has a special interest in Constitutional law and intergovernmental relations, said that with the current political climate – namely the new Federal Government – a strategy for achieving Constitutional Recognition is very timely.
“It is also a rare opportunity to renew and redefine Australian Federalism,” she said. “The Rudd Government has already given a commitment to support the recognition of Local Government.”
Professor Saunders said that with all States now providing some degree of recognition to Local Government in their respects Constitutions, and at the Federal level with Local Government very well placed in terms of defacto recognition, the time is certainly opportune. She said added to this, at the international level, there is a renewed interest in Federalism with a greater willingness of all spheres of government to share power and work together with mutual respect.
“Local Government needs a strategic direction on what form, when and how Constitutional Recognition may be achieved,” she said.
Professor Saunders said that Local Government must consider the risk that recognition could well be won but then nothing really changes.
“Do you seek symbolic recognition or substantive recognition?” she asked. “And you must decide that if it is substantive recognition you seek, then what exactly do you want and how will the community view this. Will it include protection of local autonomy, provision of financial security, and the removal of the threat of dismissed or amalgamation? Are you seeking to make recognition part of a movement to improve Australia’s Federalism – to revive and renew Federalism? Do you want to be part of increased centralisation with a diminishing of the States, or part of a genuine renewal of Australian Federalism?”
She said that in his acceptance speech after winning the Federal Election, Kevin Rudd made it clear that the new Government will focus on consensus, stopping the blame game, breaking down barriers, and working collaboratively with mutual respect.
“Added to this there is a heightened community interest in how we governed so the potential for change is definitely there,” Professor Saunders said. “Given this, Local Government’s agenda in terms of its values and ideas needs to be set and very soon.”
