From the President

Without wishing to alarm you unnecessarily, councils must be aware of the potential implications for local government of a challenge in the High Court to the constitutional validity of the Australian Government's $900 tax bonus payments. If the challenge succeeds, the decision could invalidate payments made by the Australian Government which do not go to, or through, state governments. Funding to councils under the Roads to Recovery program and the recent payments to councils as part of the stimulus spending are potentially affected. Financial Assistance Grants (FAGS) which councils receive via the states are not affected.

The consequences of a successful action by the applicant are not limited to future payments. Payments which have previously been paid to councils would potentially be invalidated and be required to be repaid by councils on the basis that these funds were paid illegally. However, the impracticality of forcing councils to repay billions of dollars of R2R funding means that the Australian Government and the states would likely work together collaboratively to find an administrative solution which avoids that consequence.

ALGA is taking a close interest in the case and we have discussed the issue at length with Professor George Williams who is widely considered to be Australia's leading constitutional law expert. George has recently published an opinion piece on the issue in the Sydney Morning Herald which you can find here.

A successful High Court challenge would threaten the ability for the Australian Government to expand its direct funding relationship with local government and this highlights the importance and relevance to all councils of the High Court's consideration of this case.

The case also highlights the importance of the work ALGA is doing on progressing constitutional reform to include local government in the Australian Constitution. One of the reasons why funding to local government has been threatened by this case is because local government is not included in the Constitution and the funding powers of the Commonwealth are far from certain outside of its specific powers conferred by the Constitution.

One of the major outcomes of the ALGA Constitutional Summit held in Melbourne last year was the decision to push for constitutional reform so that the power of the Commonwealth to directly fund local government is unequivocally provided. Until this power is made explicit there will always be uncertainty about the Commonwealth's powers and the future of government funding to our sector.

ALGA will continue monitoring this issue and discussing developments with Professor Williams as required. The Australian Government can be expected to spare no effort or expense in arguing its case which is a position all Australian councils and communities should eagerly support.

The sudden emergence of this issue and its potential to impact on local government's ability to develop a stronger partnership with the Australian Government is a reminder of the need to continue our long term commitment to constitutional reform and I urge your council to support that aim at every relevant opportunity.

Cr Geoff Lake
ALGA President

Indigenous housing

Remote Indigenous communities will benefit from a $5.5 billion Federal Government investment in housing over the next ten years to improve living standards for families and children.

The National Partnership on Remote Indigenous Housing, agreed at the Council of Australian Governments (COAG) in November 2008, will see the construction of up to 4,200 additional new houses to address severe overcrowding and homelessness.

The reforms will also result in major upgrades and repairs to around 4,800 houses in remote communities and provide up to 2,000 new jobs for local Indigenous people.

The Government will provide substantial funding to 26 priority communities across the Northern Territory, north Queensland, the Kimberley region (WA), APY Lands (SA) and NSW. Funded by the Australian Government, this package will be delivered by State Governments and the Northern Territory Government.

In 2009, an audit of municipal and essential services in Indigenous communities will be undertaken, with the goal that States and the Northern Territory will take responsibility for funding these services into the future.

Qld reshuffle

Following Saturday's election and the return of the Bligh Government, Queensland has a new Minister for Local Government. Desley Boyle, the former Minister for Tourism, Regional Development and Industry, has been sworn in as the Minister for Local Government and Aboriginal and Torres Strait Island Partnerships.

Premier Anna Bligh announced yesterday she will cut the number of government departments from 23 to 13 in a major overhaul of the public service. Ms Bligh told reporters a second tier of her plan to renew government was to trim the number of departments by 10, in six cluster areas. But she said public servants' jobs would be guaranteed.

Physical activity

For the first time, the Australian Government has developed physical activity recommendations specifically for older Australians.

Under the new recommendations, older Australians are urged to accumulate at least 30 minutes of moderate physical activity a day, as a slight increase in activity can make a difference to a person's overall health and wellbeing.

The recommendations are part of the Australian Government's plan to promote healthy and positive ageing. Currently, there are some 2.8 million Australians - about 13 per cent of the population - aged 65 and over. This number is expected to triple in 40 years.

The new recommendations apply to older people across all levels of health and ability, be they living at home or in an aged care home. The National Physical Activity Recommendations for Older Australians were developed by the National Ageing Research Institute - based in Melbourne.

The recommendations were endorsed by the Australian Health Ministers Conference late last year. More information here.

Land sale for rates

Fourteen small pockets of inner city land in Sydney dating back to the 1900s, will soon be auctioned to recover unpaid rates.

The private land - the biggest just over 100 square metres - was owned by deceased estates and will be sold by City of Sydney Council to recover $285,000 in 20 years of unpaid rates. The land is in Surry Hills, Darlinghurst, Chippendale, Redfern and Erskineville.

Planet footprint

The Local Government Association of Tasmania, in conjunction with Planet Footprint, has launched the Tasmanian Local Government Carbon Pollution Reduction Program, at the Local Government Planning for Community in a Changing Climate Conference, held in Hobart.

President of the Local Government Association of Tasmania, Mayor Mike Gaffney said, the program would result in Tasmania being the first state or territory in Australia to have all 29 councils undertaking monitoring, benchmarking and reporting of greenhouse gas emissions.

The program, jointly funded by the Local Government Association of Tasmania and the Tasmanian State Government, is part of the Statewide Partnership Agreement on Climate Change. Planet Footprint will be working with the Local Government Association of Tasmania to implement its energy and greenhouse scorekeeping service into Tasmanian councils over the next few months.

Freedom of information

Cabinet Secretary and Special Minister of State, Senator John Faulkner has released exposure drafts of two Bills proposing the most significant overhaul of the Commonwealth Freedom of Information (FOI) Act 1982 since its inception.

The Bills modernise the FOI Act and promote a new system and culture of pro-disclosure for Government information. "These draft Bills form a cornerstone of the Government's commitment to enhancing accountability and transparency in government. The proposed Bills will deliver our election commitment to reform FOI," Senator Faulkner said.

The Government is now seeking a broad range of views on the exposure drafts of the Bills. Submissions can be made on the Department of the Prime Minister and Cabinet website with a closing date of May 15 2009. After the consultation process, the Bills will be introduced later this year.

Public libraries summit

Australia's vast public library network is an amazing resource for reaching millions of Australians. Many people don't realise the valuable piece of social infrastructure local councils have built up over fifty years.

The Public Libraries Summit to be held in Canberra in July is aimed at showcasing the exciting - and surprising - work done by public libraries for their local communities in every State and Territory; and the amazing potential for government to connect with citizens through public libraries.

Around 70 participants will be invited to attend including a good cross-section of local government representatives.

Email expressions of interest in attending to Marion Nicolson, Project Officer, ALIA Public Libraries Summit - marion.nicolson@alia.org.au

Find out more about the Public Libraries Summit including some great things public libraries are doing already here.

World Environment Day Awards

Nominations are now open for World Environment Day Awards, including local government awards. Please click here for Nomination Forms.

The theme of UN World Environment Day 2009 is 'Your Planet Needs You - UNite to Combat Climate Change'.

Awards will be presented at a Presentation Dinner to be held on the 10^th anniversary of World Environment Day, June 5, 2009.

Projects from businesses, local governments, community organisations, individuals, schools and the media are invited to nominate.

The World Environment Day Awards recognise those from all Australian sectors who display innovation and dedication in their work to protect, manage or restore the environment.

Each year on this designated day, the United Nations Association of Australia (UNAA) seeks to focus world attention on the environment, and in particular, on positive programs that work towards protecting or restoring the world's natural heritage. For more information on UN World Environment Day 2009, please click here.

WA update

Local Government should not be distracted by conflicting messages in relation to the Local Government structural reform agenda, WA Local Government Association President Cr Bill Mitchell, said this week. Cr Mitchell said the sector has been doing an outstanding job and was on track to present a diverse range of initiatives that would reform the sector.

Cr Mitchell said the current debate over whether Peppermint Grove should be quarantined from the process is not helpful in ensuring that councils continue with the reform process, however he applauded the Premier for confirming there would not be legislation to force amalgamations.

"There are a lot of opinions being expressed but the Premier yesterday confirmed that State Government policy is for voluntary amalgamation," Cr Mitchell said.

"It would be a disaster for Local Government and their communities if the sector looks to use divisive comments or anything else as an excuse not to work towards genuine and sustainable reform.

"There is an opportunity for Local Government in WA to actively participate in a voluntary reform process that in many cases may involve amalgamations, but in all cases should involve demonstrated sustainability.

"The sector overwhelmingly supported voluntary reform with the endorsement just last September of the WALGA Systemic Sustainability Study final report and it is apparent that this remains the most productive way forward."

Waste papers

Waste & Recycle Conference 2009 - Call for Papers. The conference - The Business of Risk or just plain Risky Business? - will be held from 15 - 18 September 2009 at the Esplanade Hotel, Fremantle, Western Australia. For more information on the conference or to submit a paper visit www.wasteandrecycle.com.au/

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NSW Sustainable Development Conference

Tuesday 12 - Wednesday 13 May 2009
Dockside Convention Centre, Sydney

The NSW Sustainable Development Conference 2009 will bring together decision-makers from the private and public sectors, industry leaders, local government, scientists, conservationists and others to discuss the current and future directions and frameworks for sustainability in NSW, and how it will affect NSW state and local government, business and the community.

The Conference, to be held on May 12 and 13, and featuring over 30 speakers, will provide a timely opportunity to examine progress towards sustainable objectives in a range of key areas such as: NSW policy and progress, water, waste and resource recovery, energy efficiency, climate change response and planning and urban design.

The Conference will also feature best practice case studies in sustainable development, including supporting workplaces to become more sustainable, addressing challenges of sustainability, and provide advice on how state and local government and business can achieve their sustainable development goals.

Confirmed and invited speakers include: The Hon Philip Costa, NSW Minister for Water; Rob Freeman, Executive Director, Murray-Darling Basin Authority ; Paul Bainton, Director, National Waste Taskforce; John Hudson, Director, Sustainable Systems, NSW Department of Planning ; Zoe De Saram, Acting Director, Climate Change Policy, Department of Environment and Climate Change and David Hemming, Manager, Sustainable Energy..

To view the Conference agenda and to register for the Conference, please go to www.halledit.com.au/nswsdc or contact Denise McQueen on 03 8534 5021 or
Email denise.mcqueen@halledit.com.au

Community infrastructure projects

The Minister for Infrastructure, Transport, Regional Development and Local Government, Anthony Albanese, has announced a raft of projects this week under the $800 million Community Infrastructure Program:

• The approval of more than $2.7 million for 54 ready-to-go local infrastructure projects on the North Shore and in Sydney's northern suburbs
• $1.4 million to build local infrastructure in communities across Perth
• More than $3.3 million to build community infrastructure in regional Queensland, in regional communities from Balonne to Quilpie to Kingaroy and from Bedourie to Cunnamulla
• $3.9 million to build community infrastructure in north-western Queensland in communities from Atherton to Boulia, from Karumba to Innisfail, and from Burke to Charters Towers
• Nearly $1 million to build local infrastructure in the Macedon Ranges
• More than $380,000 for local infrastructure in the Coorong
• $540,000 to build local infrastructure in Corangamite Shire
• $380,000 for Port Hedland
• $925,000 for six ready-to-go local infrastructure projects in Adelaide's inner-east and its southern suburbs

Projects include playgrounds, community halls, sports stadiums, showgrounds, pedestrian and bicycle paths, community halls and libraries, streetscape improvements, footpaths as well as water and energy efficiency projects. More information here.

SA and NSW level crossings

The Minister for Infrastructure, Transport, Regional Development and Local Government, Anthony Albanese has announced that work will start immediately on installing new boom gates and other safety measures at high risk level rail crossings in South Australia and New South Wales.

Funding for these safety projects will come from the $150 million Boom Gates for Rail Crossings Program - a key element of the $42 billion Nation Building and Jobs Plan recently passed by the Senate.

All up $42.7 million has been allocated to 45 projects in New South Wales and $13.6 million for 34 high risk level rail crossings around South Australia.

The investment will not only improve road safety but also support local jobs and local businesses during the current global recession. Nationally, the Boom Gates for Rail Crossings Program will provide $50 million in 2008/09 and a further $100 million in 2009/10 for the installation of boom gates and other safety measures at over 200 level crossings.

The projects were identified by State Governments using a model that takes into account factors such as road and rail traffic volumes, crash history, visibility for motorists and train drivers, the number of rail tracks at the crossing and other public risks. More information here.

Housing Ministers meet in Adelaide

The first Housing Ministers' Conference for 2009 takes place today in Adelaide. The meeting will be chaired by the Victorian Housing Minister, Richard Wynne. ALGA has an observer status on the Ministerial Council and will be represented by President Cr Geoff Lake.

The meeting is scheduled to discuss the future directions for social housing, the Commonwealth's White Paper on Homelessness, the outcomes arising from the first annual report of the National Housing Supply Council and the ongoing implementation of the National Affordable Housing Agreement. The NAHA commenced on the 1 January 2009, essentially replacing the previous long-running Commonwealth-State Housing Agreement and the Supported Accommodation Assistance Agreement.

Review of tax system

On 18 March 2009, ALGA attended the Canberra public consultation meeting on the Review of Australia?s Future Tax System. This is one of a number of public consultation meetings being conducted across Australia in March 2009 as part of the Review commissioned by the Australian Government. For information on the remaining consultation meetings, follow the link here.

The Canberra meeting was attended by around 60 people. Attendees ranged from representatives of government bodies and national associations, to small business operators, taxation practitioners and lawyers, and retirees.

The consultation meeting sought the views of attendees on: the parts of the tax transfer system that are working well and those that are not working well; taxes that are fair or unfair; and the priorities for improving the parts of the tax transfer system that are not working well.

Many comments and suggestions were provided by attendees on these questions. Common themes were: the need to address complexity; the desire that the Panel examine the GST and increase the rate from 10 per cent, abolishing certain other taxes in return; concerns about inconsistent advice from different officers at the Australian Taxation Office (ATO); the need for better training of ATO staff, more robust governance and stronger independent review mechanisms of ATO decisions; business compliance costs; taxation of superannuation and savings; concessions and rebates; and the effect of the current tax system on environmental sustainability.

ALGA raised the observation at the meeting that whilst the Review Panel has requested public comments on what changes, if any, should be made to the assignment of revenue raising powers between the levels of government and intergovernmental transfers in Australia, it has also determined that issues such as the amount of intergovernmental transfers and horizontal fiscal equalisation (HFE) are outside its scope. ALGA considers that this is a somewhat artificial distinction and was keen to hear why the Review Panel has adopted that approach.

Mr Greg Smith, the Review Panel member who attended the Canberra consultation meeting, responded to many of the comments raised, praising the quality of the feedback and suggestions received. He also confirmed that GST is specifically excluded from the Panel's Terms of Reference.

In response to ALGA's observation, Mr Smith indicated that the Review Panel had determined not to examine HFE because of the distinction between how revenue is raised and how it is spent.

ALGA will provide a further submission to the Review before the due date of 1 May 2009.

Further information on the Review can be found at here.

Housing workshops

The need for capacity building has been identified to assist aspirational affordable housing providers from the not-for-profit and private sectors, and other interested parties, to participate in the National Rental Affordability Scheme (NRAS) and assist the Government's policy on affordable housing priorities, particularly in the light of substantial funding flowing into affordable and social housing in the very near future.

These workshops are supported by the Department of Families, Housing, Community Services and Indigenous Affairs through the NRAS Enabling and Capacity Building Strategy. CHFA has been funded to develop and deliver capacity building workshops to ensure that organisations have considered and are equipped to develop partnerships, apply for funding and deliver greater amounts of affordable housing. The workshops will help provide staff with decision-making skills and governance tools that will increase the business development and systems capacity within the sector, in addition to increasing individual skills.

Each workshop will cover:

• Decision-making and project management tools
• Governance and prudential arrangements
• Business acumen
• Financial planning
• Risk assessment
• Brokerage and legal assistance
• Increasing development capacity

At a cost of $30 per person, Capacity Building Workshops run from 9:30am to 4:30pm and will be delivered on the following dates:

• Darwin - 20 April 2009
• Adelaide - 6 May 2009
• Perth - 22 April 2009
• Melbourne - 7 May 2009
• Brisbane - 29 April 2009
• Sydney - 11 May 2009

For further information, contact CHFA on (02) 6232 5043

Local government skills

The aging population, global financial crisis and new ways of doing business are the key drivers behind the local government sector defining its skills needs over the next five to ten years.

The drivers were identified during the national local government skills forum facilitated by Local Government Managers Australia (LGMA) on 19 and 20 February in Melbourne.

The forum was held to review the 2007 National Skills Shortage Strategy for Local Government; evaluate the federal government's new skills' initiatives; assess the impact of the global financial crisis on the sector's skills supply; and determine the sector's responses to its future skills needs.

Speaking at the conclusion of the forum, LGMA national president, Ray Pincombe said that whilst many of the initiatives promoted by the national skills shortage strategy were validated, there is a significant need for long-term reform of how local government does business.

"Local government must urgently improve the way it approaches workforce planning and development to ensure our sector's capacity and ability to deliver on existing and new community needs," Mr Pincombe said. "Greater emphasis needs to be placed on regional groupings of councils doing more with automation and consolidation of back office operations. This would reduce demand on skills and achieve greater economies of scale.

"Our sector needs to unpack specialist roles and remove pressures on some of our roles such as planning and engineering by enabling councils to use more para-professional, project management, administrative and financial support staff. A coordinated and collaborative approach is also needed on employment and training, particularly with mature-age workers.

Mr Pincombe also identified the lack of employment data in the sector as being critical to our growth and sustainability. "Workforce planning and development is non-existent," Mr Pincombe said. "Our sector does not have the necessary employment data to analyse and forecast trends. Had this information been available, we may have been in a better position to identify our emerging skills requirements."

An outcomes document is being prepared by LGMA on behalf of the sector for consideration by the National Local Government Skills Shortage Steering Committee later this month. The outcomes document will propose the sector's response to its future skills needs.

Earth Hour

Federal Environment Minister Peter Garrett has launched a new information campaign designed to help consumers choose more efficient lighting.

For more information on the phase-out of inefficient lighting, click here.

Earth Hour 2009 will be held on Saturday 28 March 2009 to focus attention on the threat of climate change.

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Melbourne Planning Summit

Tuesday 28^th - Wednesday 29^th April
Location: Zinc @ Federation Square, Melbourne

The Summit will provide an opportunity for discussion and review of latest developments in urban planning in Melbourne, focused on the new Melbourne @ 5 million urban growth planning updates. It will draw lessons from Australia-wide planning experiences. The conference will cover issues including:

• The new Victorian transport strategy;
• Lessons learnt from the Melbourne 2030 Audit;
• Financing urban services and infrastructure;
• Planning for population growth;
• Planning for an ageing population;

It will feature sessions on innovative urban partnerships and planning best practice case studies. Speakers include:

• Justin Madden, Minister for Planning
• Jim Betts, Secretary, Department of Transport
• Prue Digby, Deputy Secretary, Victorian Department of Planning and Community Development
• Liz Johnstone, Manager, Planning Policy & Projects, MAV
• Cr Paul Klisaris, Mayor, City of Monash
• David Keenan, Director, City Sustainability, Hume City Council
• David Mayes, Manager Strategic Planning and Sustainability, City of Melbourne
• Alan Cadogan, Executive Manager, City Strategy, City of Sydney
• Kerry Doss, Manager, City Planning, Brisbane City Council

Further details about the Summit, including the full program, are available at www.halledit.com.au/mps or contact Denise McQueen on 03 8534 5021 or
Email denise.mcqueen@halledit.com.au