While many Local Governments have now passed resolutions in support of constitutional recognition, the Federal Opposition appears to be edging away from vital bipartisan support on the issue. Without bipartisan support, referenda proposals are unlikely to succeed.
The Federal Government is committed to a referendum on the issue in the current term of parliament or at the next election. The Opposition Attorney General George Brandis, Opposition Local Government Barnaby Joyce, and National Party Leader Warren Truss have previously supported Constitutional recognition.
Local Governments are eager to see such a referendum passed because of the Pape case in the High Court in 2009 that threatened the legality of direct Commonwealth payments to local councils.
Barnaby Joyce has told Federal Parliament that Constitutional recognition was essential to ensure Local Governments could continue to deliver services. The NSW Coalition and State Labor Governments continue to support constitutional change.
According to recent newspaper reports, an opponent of Constitutional recognition, West Australian Senator Alan Eggleston has stated in an email that the issue had not been considered by the joint party room and he was astounded to find Senator Joyce claimed that this is now Liberal Party policy.
Following the release of the email, Tony Abbott altered the Coalition stance on constitutional recognition of Local Government to “in principle” support. The Liberal Party opposed previous referendums seeking recognition of Local Government in 1974 and 1988.
The Australian Local Government Association has urged all councils to put the issue on their next agenda to put a strong case to the Federal Regional Australia, Regional Development and Local Government Minister Simon Crean, at the National General Assembly in June.
Councils requiring further information should contact Monica Telesny on (02) 6122 9433 or at monica.telesny@alga.asn.au.
