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22 Aug 2008
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Constitutional reform - calm and steady wins the day

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ALGA's Constitutional Forum held in Canberra this week provided an opportunity to consider ways to achieve change to the Australian Constitution to better reflect the role of local government. This will feed into debate at the Constitutional Summit in Melbourne from December 8-11.

Those attending comprised Presidents and CEOs of State and Territory Local Government Associations, council representatives, constitutional experts and representatives from the States and the Federal Government.

Professor George Williams from the University of NSW spoke to the Forum on the design of a process and gave a positive fillip to the 75 delegates present.

"My starting point is that I do see change a being achievable," he said. "Indeed, this change is one that I believe a greater prospect of success that many others that might be put.

"I personally support the idea that local government should be in the Constitution in a manner that reflects its role in Australia's as the third tier of government. The absence of this is not merely an issue for constitutional lawyers, it has a practical impact on inter-governmental relations and on the democratic development of the level of government most closely connected to the Australian people. Australian also deserve a Constitution that properly describes how their system of government operates, and should operate. Given all this, the complete absence of local government from our foundational national law needs to be corrected."

Success needed to be designed around four factors - Bipartisanship; Adequate popular education; Popular ownership of the proposal; and the proposed amendment needs to be sound and sensible.

He said the Australian Local Government Association had a major role to play in achieving the desired outcome. "Success will take time and effort, but now is the right time to start for a referendum as early as 2010," he concluded.

In a similar practical vein, constitutional expert and researcher Scott Bennett offered the following advice and emphasised the importance of community engagement: the importance of education; don't rush; don't overreach; no contamination; State fears; hear the regions; and calm the dissidents.

Impacts of emissions trading on local government

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ALGA is commissioning a research paper on the impacts on local government of the emissions cap and trade system as outlined by the Federal Government. The paper will form the basis of ALGA's submission to the Government's Green Paper on a Carbon Pollution Reduction Scheme. Comments on that Green Paper are due by the 10 September.

Elisa de Wit, Head of Climate Change Practice, for Deacons Law Firm, provided a preliminary briefing to the ALGA Board on Wednesday on both the Carbon Pollution Reduction Scheme (CPRS) and the National Greenhouse and Energy Reporting Scheme (NGERS).

The NGERS which came into effect on July 1 requires reporting on greenhouse gas emissions, energy use and production. The reporting implications for local government are in the areas of landfill, street lighting, electricity and fuel use of councils. Reporting doesn't necessarily mean being captured by the CPRS, depending on emission levels.

Ms de Wit said there were three main issues with the CPRS - coverage, caps and compensation. The main concerns for councils are the cost and resources required for compliance with NGER including fuel and electricity costs and implications for service delivery; sourcing lower-emission energy; adaptation; and actual climate change impacts, for example, with coastal planning. Local government was unlikely to qualify for short-term compensation and free permits as these were targeted at export industries and major emitters such as coal-fired power stations. The Climate Change Action Fund was designed as a business compensation initiative.

However, there were some opportunities for local government in the following areas:

Voluntary carbon market (councils have ability to sell credits); Energy efficiency programs; Information dissemination to ratepayers; Adaptation; Sustainable planning and building; Carbon neutrality; and Free forestry permits (for councils to plant trees on council land).

Local government recommendations on liquor licensing

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Local government needs more support to better manage alcohol-related issues and minimise harms through planning, licensing and regulatory functions, according to the National Local Government Drug and Alcohol Advisory Committee (NLGDAAC).

The NLGDAAC has prepared a submission - 'Local Government Recommendations on Liquor Licensing' - for contribution to the Council of Australian Government's (COAG) binge drinking paper which will be discussed at the COAG meeting in December. Recommendations include a call for national legislation that provides guidelines on setting outlet density and trading hours controls; and includes local government's power to assess new licences and set appropriate conditions on licences, including objecting to new licences in areas of concentrated outlet density. The submission also calls for a performance-based system for liquor outlets including probationary stages for new licensees, a demerit and fee-based system for breaches, and high level enforcement of best practice responsible service of alcohol. All mayors in Australia have been sent a copy of the submission. NLGDAAC, which was established by ALGA and the Council of Capital City Lord Mayors, focuses on reducing the impact of alcohol and other drugs across Australia, from capital cities, to remote areas. Across Australia, local government has provided a range of initiatives and strategies to specifically manage alcohol-related issues. Examples include: alcohol management plans, partnership programs, safety audits, local laws controlling consumption of liquor in public places, dry zones, closed-circuit television and lighting. The Newcastle Liquor Accord, a joint partnership between council and other key stakeholders, has a strong focus on community education, coordinated closing times and late-night transport services.

"The Federal Government's focus on alcohol abuse provides local government with the opportunity to collaborate on the development of whole-of-government policy and programs to address alcohol-related problems," ALGA President Cr Bell said. "Each state has its own set of liquor legislation and regulations which control alcohol sales. Where these controls have not been implemented effectively there are social costs, reductions in public amenity, community safety and perceptions of safety. This has impacts on local government. What we need is a national policy framework that builds and supports capacity of local government to plan on behalf of their communities."

For further information contact Julia McLauchlan on 07 3403 4081 or email julia.mclauchlan@brisbane.qld.gov.au to request a copy.
From the President

This week ALGA held the Experts' Forum on constitutional recognition of local government. It was attended by 75 delegates, including constitutional experts such as Professor George Williams and Scott Bennett, representatives from the State and Federal Governments, councils, and the Presidents and CEOs of State and Territory Local Government Associations.

This is an important step in the Australian Local Government Association's process to advance constitutional recognition.

During the two-day Forum which concludes later this morning we looked at the pros and cons of each option. We debated the merits of each approach. We heard about the challenges that face us in terms of the process - the historical challenges, the political challenges and the logistical challenges. We will then use our insights to refine the papers for discussion at our Summit in December.

Our purpose was not to decide on the preferred style of recognition. Rather, it was to vigorously test each option and ensure that we provide participants at the Summit with the best background information available so that what emerges from the Summit is a fully informed position that ALGA can take forward to the Federal Government.

And, as we know from the commitments made during the last Federal Election, it's a Federal Government which will be listening to what we have to say.

Since the last referendum two decades ago, there can be no doubt that communities have looked increasingly to local government to deliver a broader range of services and infrastructure, to take the lead in economic and regional development and to play an increased role in environmental protection and natural resource management.

It is this new, more professional, more responsive and more responsible breed of local government which seeks, and deserves, to be recognized as a legitimate third sphere of government in our Constitution.

Constitutional Recognition has been a long-standing aspiration of local government and a long-standing policy of ALGA for many years.

Successive National General Assemblies of Local Government have unanimously passed resolutions supporting recognition and ALGA formally incorporated the goal of constitutional recognition in its strategic 4 Fs agenda in recent years. The question, however, has always been one of timing.

The ALGA Board agreed last year on a process to advance constitutional recognition which would include facilitating conversations at individual council level on recognition, convening an experts forum of State and Territory Associations to further develop options and then finally holding a Summit at the end of the year for all local government to agree on a way forward. It was ALGA's view that we needed a process which would engage councils and state associations jointly. A process which would not pre-empt an outcome by stating a preferred option, but rather a process which would seek to guide debate and provide the opportunity to reach agreement. It would also be a process which would make clear the complexity and challenges of the task.

We are now part way through that process. Council conversations are taking place all across the country and the Forum is well underway. We have much work ahead and I look forward to navigating our way towards achieving this important and historic milestone for local government as it confidently demands a seat at the Federalism table as an equal partner. It is indeed an exciting time to be in local government.

Cr Paul Bell AM
ALGA President

Union wins case against council using federal work laws

A court victory in Brisbane confirms the Commonwealth can't make federal workplace laws to cover local council employees, the union that brought the case says.

The Australian Worker's Union (AWU) challenged Queensland's Etheridge Shire Council in the Federal Court over what it claimed was a Work Choices-style industrial agreement.

Justice Jeffrey Spender struck out the 2006 agreement, saying the council was not a trading or financial corporation under the terms of the commonwealth constitution.

"The consequences of this conclusion are that the Etheridge Shire Council is not an 'employer' under the provisions of the Workplace Relations Act," Justice Spender said in his judgment.

It was "inconceivable" that the framers of the constitution intended the commonwealth should have corporations power "in respect of a local government, which is a body politic of a state government", he said.

New Territory cabinet sworn in

The new Northern Territory cabinet has been sworn in with no major ministerial surprises.

Labor scraped back into power with a one seat majority following a massive voter backlash at the August 9 poll.

The government suffered a nine per cent swing and lost three ministers in the process.

In the ministry, NT Chief Minister Paul Henderson takes on responsibility for economic development while his Deputy Marion Scrymgour - the most senior Aboriginal politician in Australia - retains the indigenous policy and education and training portfolios. The Local Government Minister is Rob Knight.

Coalition to oppose Budget measures

The federal coalition plans to block key government budget measures worth billions, claiming they are not in the national interest.

Frontbencher Steve Ciobo says when parliament resumes next week, the opposition will use its Senate numbers to oppose the government's controversial alcopops tax hike, increases to the luxury car tax and changes to Medicare surcharge levy thresholds.

But he denied blocking the measures would blow a hole in the Rudd government's budget, which is forecast to produce a surplus of $21.7 billion.

With the opposition in the Senate opposing any government legislation, Labor would need to undertake the challenging task of negotiating with Greens and independents for their support.

From next week, Labor will have to rely on the support of the five Greens, Senator Xenophon and Family First's Steve Fielding to get legislation through the Senate if the coalition won't back the laws.

South Australian councils to fight corruption

The SA Local Government Association is looking at settin up an independent Governance Council to act as a "one-stop shop" to deal with misconduct in an effort to strengthen public confidence in local government.

The move follows concerns within the Local Government Association about "perceived weaknesses" in the accountability and integrity of local government.

A council discussion paper released last month reveals the "high-level" Governance Council would be given powers to investigate alleged code-of-conduct complaints against councillors and council staff.

The agency would then refer investigations to authorities, including the police anti-corruption branch, if a preliminary assessment indicated potential corruption or criminal misconduct.

LGA executive director Wendy Campana said the Governance Council would deal primarily with issues of council conduct, but would be able to refer more serious matters of fraud and corruption to police. Members of the Governance Council would be former council members and senior staff or public servants with expertise in financial or governance matters.

Super Standard choice form now revised

A revised version of 'Choosing a super fund - How to complete your Standard choice form (NAT 13080)' is now available. To order a copy of this form visit the Tax Office online ordering system or phone us on 1300 720 092 and quote NAT number 13080.

Train travel 10 times safer than car travel

The risk of serious injury, based on distance travelled, is more than 10 times greater for people travelling by car compared with those travelling by rail, according to a new report released today by the Australian Institute of Health and Welfare (AIHW) and the Department of Infrastructure, Transport, Regional Development and Local Government.

The report, 'Serious injury due to transport accidents involving a railway train, Australia, 2001-02 to 2005-06,' showed that just one rail user was seriously injured per 100 million passenger kilometres travelled in 2005-06. Ten car occupants were seriously injured in crashes on a public road per 100 million vehicle kilometres travelled in the same year.

Check the AIHW Publications Catalogue for availability of 'Serious injury due to transport accidents involving a railway train, Australia, 2001-02 to 2005-06' at www.aihw.gov.au

A Sustainable Farmers' Market

This new DVD shows you why you need a farmers' market in your community and how to do it. Learn how to build the foundations for a successful and sustainable farmers' market in either an urban or rural community, by examining the experiences of the Adelaide Showground Farmers Market and the Willunga Farmers Market in South Australia. In particular, the program describes the unique "model" that guided the development of these very successful markets and features practical tips and insights from both organisers and stallholders.

The DVD also contains The Farmers' Market Toolkit, a 'how-to' guide published by PIRSA Food, and the findings of a consumer survey conducted by economists at the University of Adelaide.

Community groups, local councils, food producers and others interested in farmers' markets will find this DVD an invaluable source of knowledge and inspiration. The DVD project is an initiative of the Adelaide Showground Farmers Market Inc. with funding contributed by the South Australian Department of Health and PIRSA Food.

The DVD will be launched early in October at the Adelaide Showground Farmers Market on October 5th at 11am. Pre-ordered DVD's will be posted after the launch. Pre ordered DVD's are offered at the special price of $10 inclusive of GST and postage. Pre-orders at admin@asfm.org.au For further information contact, Zannie Flanagan on 8231 8155 or 0415162037; zannie@asfm.org.au

Rural Women's Award creates opportunities

Applications are now being received and rural women are being encouraged to give it a go and enter themselves or nominate someone they think is up to the challenge. The RIRDC Rural Women's Award celebrates rural women and their contribution to primary industries. It gives rural women the chance to discover their strengths and build their capacity to contribute to primary industries and rural Australia.

The 2009 Award provides a Bursary of $10,000 for each State and Territory winner to support them in developing their leadership capacity and the opportunity for the winner and runner-up in each State and Territory to attend the Australian Institute of Company Director's course. A national RIRDC Rural Women's Award Winner and Runner-Up is then selected to represent the Award, RIRDC and rural women on a national platform.

The Award is an initiative of the Rural Industries Research and Development Corporation, in partnership with State and Territory agencies responsible for agriculture, primary industries and resources. Applications close on World Rural Women's Day-15th October 2008. Application forms are available from RIRDC (02) 6271 4100, State Departments of Agriculture and Primary Industries and from ABC Radio Regional Stations. Applications can be also downloaded from the website Media inquiries: RIRDC Rural Women's Award 2008 National Coordinator Edwina Clowes 0417 727 544 or clowesedwina@bigpond.com

Keep Australia Beautiful Week

Keep Australia Beautiful Week kicks off on Monday 25 August and councils are being asked to Score points for the Environment to help tackle climate change and protect our natural resources.

You can get involved by logging on to www.kab.org.au and participating in the 100 point challenge at home, at work or at school. Simply register and record your actions against the list of activities featured on the website and join with other Australians in the fight to reduce our greenhouse gas emissions.

Seasonal work pilot scheme

The Federal Government has announced that the Pacific Seasonal Worker Pilot Scheme would see up to 2,500 workers from Kiribati, Papua New Guinea, Tonga and Vanuatu participate in a three year pilot and work for up to seven months a year in the horticulture industry in regional Australia. The pilot will be reviewed after 18 months to ensure it is meeting the needs of Australian employers and Pacific Island workers and that the necessary safeguards are working effectively. There has been criticism from the Opposition and Indigenous leaders that the scheme could reduce opportunities for Indigenous employment in the food-basket regions of Australia.
Updated Citizenship Ceremonies Code

The Minister for Immigration and Citizenship, Senator Chris Evans, has recently approved an update of the Citizenship Ceremonies Code to bring it into line with the Australian Citizenship Act 2007. The Code has been simplified and restructured with the aim of making it a more useful tool for organisations conducting citizenship ceremonies. Copies of the updated Code have been sent to all councils and it is available here. The Department is happy to receive feedback. Contact Ludmila Witer, Director Citizenship Information and Promotions, on 02 6264 2940 or at ludmila.witer@immi.gov.au

WA: Labor would ban smoking in many outdoor areas

West Australian Labor says it will impose widespread outdoor smoking bans if it retains government after the September 6 election, following consultations with health groups, industry and local government.

In July 2006, the state government banned smoking in all WA pubs and clubs in legislation that provided a $2,000 fine for breaches of the law. Health Minister Jim McGinty said if Labor was re-elected to a third term it would extend the ban to alfresco dining areas, cars carrying children and children's playgrounds. Smoking also would be banned between the flags on patrolled beaches.

The WA government says it is estimated passive smoking could be responsible for the deaths of at least 220 Australians a year and could cost the nation around $50 million a year in hospital care alone.

Support for Senate Inquiry into Murray grows

Former Australian of the Year Dr Tim Flannery says the future of the Coorong and lower lakes rests squarely with South Australians. He urged more activism by South Australians to save the Murray mouth.

"The lower lakes and the Coorong are absolutely the responsibility of the people of South Australia," he said.

"If that place turns into some sort of horrendous, acidified environment no-one is going to be to blame but you.

"You're not going to be able to point upstream and blame the people in New South Wales or the feds, it's actually your stuff and something you have to take carriage of, in my view."

Dr Flannery thinks the SA Government has been too slow to act on desalination, even though a plant is about to be built in Adelaide.

Meanwhile support for a Senate inquiry into the Murray water crisis is growing as a political row festers over state water allocations.

Queensland irrigators took record amounts of water from the Murray-Darling Basin over the past year - twice the volume of Sydney Harbour and significantly more than the previous record of 815,000ML set in 2003/04. Meanwhile NSW irrigators had zero allocations, Vic took 36% of their allocations, and SA 32%.

NT tender call to improve Indigenous aged and community care

The Australian Government has called for tenders to develop new workforce training to help Indigenous people working in aged and community care in the Northern Territory (NT).

The project will give priority to 254 people in 49 remote communities as well as other Indigenous people working in Home and Community Care (HACC) throughout the NT.

"HACC programs like wheels on wheels help to keep older people independent and in their homes rather than entering an aged care facility," the Minister for Ageing, Justine Elliot, said.

The HACC program delivered services to more Aboriginal and Torres Strait Islander people than any other aged care program. Advertisements for the Aboriginal and Torres Strait Islander Home and Community Care Workforce Training Project in the Northern Territory will appear in newspapers this week.

The NT project builds on another initiative announced recently by Federal Employment Participation Minister, Brendan O'Connor which encouraged Cape York people to join the aged care workforce. The Australian Government has provided Blue Care with $100,000 to appoint a regional indigenous employment coordinator in Cairns to work with local communities to develop an Aged Care Indigenous Employment Strategy.

Need for 'serious investment' in public transport

Greenhouse gas emissions from transport fuels will continue to rise despite high world oil prices, according to an analysis of Government figures conducted by the Australia Institute, a Canberra-based think tank.

"Higher petrol prices are making people think twice about how much petrol they are using, but the latest numbers from the Government show that there is no doubt that demand for petrol and greenhouse emissions from transport will continue to rise regardless," said Dr Richard Denniss, Executive Director of the Australia Institute. "What the Government's analysis shows is that unless petrol prices increase by at least 10 per cent, or around 16 cents per litre per year, greenhouse emissions from passenger cars will continue to rise. If the Government's strategy is to simply rely on rising world oil prices to curb Australia's demand for petrol then it is likely to fail. To tackle climate change petrol needs to be included in the ETS, we need to end the subsidies to large cars and 4WDs and we need some serious investment in public transport."

A paper released this week by the Bureau of Infrastructure, Transport and Regional Economics provided estimates of the sensitivity of the demand for petrol in response to changes in price. The report found that while higher prices reduced demand, other effects such as population growth and economic growth were more important determinants. The Bureau of Infrastructure, Transport and Regional Economics concluded that for every 10 per cent increase in the price of petrol demand for petrol would fall by only 2 per cent. However, their report also states that the long-run growth trends for transport in Australia are driven by population increase (the primary driver for car travel) and by increases in income (the primary driver for trucking, rail and aviation). In the past, steady growth in income and population, coupled with low fuel prices, has meant fairly steady growth in Australian transport fuel use of about 2 per cent per year.

Don't be phased by market downturns, top up your super now

CPA Australia, the peak body for chartered accountants, has advised people not to panic about any short term losses in their super Investments. It says that despite recent financial market volatility, super has enjoyed solid returns over the past few years and it remains an essential and valuable long term investment. The median balanced fund still returned 9.8% pa over the last five years to 30 June 2008.

CPA Australia's Superannuation Policy Adviser, Michael Davison, said, that many people will be understandably nervous when they receive their superannuation statements but warns this should not scare people off from investing more in their superannuation.

"Against the backdrop of domestic and international financial market volatility, it is crucial that people continue to take a long term view of their superannuation investments," he said. "Quite simply, people run the risk of lowering their retirement living standards by not acting now."

A National Compact with the Not-For-Profit Sector - call for comment

The Australian Government, as part of its social inclusion agenda, is exploring ways to develop a new and stronger relationship with the not-for-profit sector, based on partnership and respect.

One way to do this is through a National Compact-an agreement between the Australian Government and the not-for-profit sector that outlines how the two will work together to improve and strengthen their relationship, now and into the future. A National Compact could provide a framework for the sector and Government to work on social inclusion priorities now and into the future.

The Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) is leading development of the Compact. Initial views are being sought from community organisations, users of community services and government agencies at all levels about the idea of a National Compact. Comments are due by COB 24 September 2008.

For more information on what you are invited to comment on and how you could provide your comments, please click here.

Life best in the 'burbs

Twenty-one of Australia's 25 most liveable communities are in urban suburbs of Sydney, Melbourne, Perth, Adelaide and Canberra, according to BankWest's inaugural Quality of Life Index.

The index challenges the idea that the best living is in seaside towns away from city stresses.

Melbourne is the most liveable city with four of the top 10 local government areas (LGA).

The top five LGA's according to the index are: Ku-ring-gai and Hunter's Hill in Sydney, Nillumbik in Melbourne, Peppermint Grove in Perth and Mosman in Sydney.

BankWest retail chief Ian Corfield says the index dispels the sea-change and tree-change "myths" that the best quality of life is found in coastal towns, away from the hustle and bustle of big-city living.

"Although many Australians dream of living on the coast or in the country, in reality the best quality of life in Australia is found in the suburbs," Mr Corfield said in a statement.

The survey also reveals that Queensland is Australia's jobs state with Barcoo in the central-west boasting 100 per cent employment. Western Australia is the education state with thirteen local council areas having 100 per cent of 16-year-olds attending secondary school. South Australia is the nation's Good Samaritan state with the highest volunteering rates in the country. Australia's best health can be found among residents of the Snowy Mountains.

At the other end of the liveability index, remote Aboriginal communities in Western Australia, Queensland and the Northern Territory were found to have the lowest quality of life. Halls Creek in WA was worst off followed closely by Woorabinda in Queensland and Meekatharra in WA.

Healthy Spaces and Places ACT consultation workshop

Healthy Spaces and Places is seeking feedback on producing a national health and planning guide through a series of free consultation workshops. The Healthy Spaces and Places project is a joint initiative between the Planning Institute of Australia (PIA), the National Heart Foundation of Australia and the Australian Local Government Association (ALGA).

Healthy Spaces and Places is a landmark document demonstrating the importance of taking a national perspective on:

  • managing our environments
  • investing in Australia's future health and well-being
  • reducing health costs
  • and fostering collaborative partnerships supporting preventative measures of disease and injury.

The project has received funding assistance from the Australian Government Department of Health and Ageing and is committed to promoting and educating all planners, health professionals, the property development industry, recreation officers, engineers, and associated professionals on the long term socio-economic benefits of linking health to the planning stage. For more information about the project, visit www.planning.org.au or contact the Project Officer, Anne Moroney at healthyplaces@planning.org.au

The ACT workshop will be held on Tuesday 23 September 2008 at Marque Hotel Canberra, 102 Northbourne Avenue from 9.00 - 3pm (includes lunch)
RSVP: by 16 September 2008
INFO: Tel: 0403509736 or
hspworkshop@planning.org.au

Town planning to help fight obesity

A new study by Access Economics of the economic costs of obesity, excluding those deemed merely overweight, found obesity levels are rising alarmingly.

The report estimated 17.5 per cent of Australians today are obese, but 14.5 per cent more than in 2005, and that 18.3 per cent could be obese by 2025.

What is clear from this report, and others, is that as a society we are failing to tackle the expanding obesity problem, and if radical action is not taken soon, it will be to Australia's long-term health and financial cost, as weight-related premature deaths, disability and hospital admissions grow.

The 'Age' editorial today called for a wide-ranging holistic approach involving all levels of government in education programs, town planning that encourages walking and cycling and better food labelling among the solutions, but it warned all Australians must take responsibility.

Quote of the week

"Some people use statistics like a drunk uses a lamp-post - for support rather than illumination"
Mark Twain

International news  

Be careful if you have saggy pants in the south Chicago suburb of Lynwood.

Village leaders have passed an ordinance that would levy $US25 ($A25.70) fines against anyone showing three inches (7.62cm) or more of their underwear in public.

Eugene Williams is the mayor of Lynwood. He said young men walk around town half-dressed, keeping major retailers and economic development away.

The American Civil Liberties Union says the ordinance targets young men of colour. Young adults in the village, like 21-year-old Joe Klomes, say the new law infringes on their personal style. He says leaders should instead spend money on making the area look nicer. (AP)

State of the Regions report 2006-07
Forthcoming events

For a full listing of forthcoming events, see ALGA's Events calendar.
ALGA News can be read online each week at www.alga.asn.au/news.aspx
Editor: newscomments@alga.asn.au Tel: 02 6122 9434.
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