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3 Apr 2009

Local government welcomes High Court decision

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The Australian Local Government Association (ALGA) has welcomed today's decision by the full bench of the High Court to reject academic Bryan Pape's constitutional challenge to the Federal Government's planned stimulus package payments.

ALGA president Cr Geoff Lake said: "As well as affecting the stimulus payments to taxpayers, this case also had the potential to radically recast the funding arrangements between the three levels of government. If the High Court had found in favour of Mr Pape, more than $6 billion in funding to local government may have been invalidated and in a worst case scenario required to be paid back by councils.

"While today's decision is a relief for councils, constitutional uncertainty remains between the three levels of government in this country. It will not be resolved until the Australian Constitution is amended to bring it into line with contemporary practice and an explicit power is inserted for the Federal Government to provide funds directly to local government.

"Until the Constitution is altered, millions of ratepayers across the country remain exposed to a future High Court deciding on a whim to reinterpret constitutional arrangements and push the entire costs of local government exclusively back onto property owners."

In December last year, 600 elected councillors from across Australia voted unanimously to support the Rudd Government's push to amend the Australian Constitution to recognise local government. A key outcome of the Summit was the identification of the need for the Constitution to be changed to include a direct power for the Federal Government to fund local government directly

Leading constitutional law expert, Professor George Williams from the University of New South Wales, is currently developing a technical paper on the drafting required to achieve the necessary change to the Constitution.

Nominations for Indigenous Communications Program

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The Australian Government has announced that as part of its initial response package to the Regional Telecommunications Review, it would contribute a further $3.7 million to a $30 million refocused Indigenous Communications Program.

The Indigenous Communications Program will build upon existing programs to ensure remote Indigenous communities receive greater access to enhanced and more flexible solutions to address their telecommunications needs.

Over four years, in addition to the monitoring and maintenance of around 250 existing fixed community phones and mobile satellite handsets already provided, up to 300 communities will gain access to a community telephone service.

Eligible remote Indigenous communities are required to be nominated by relevant Australian Government, local, state or territory agencies or specifically appointed community liaison officers.

The Department of Broadband, Communications and the Digital Economy (DBCDE), is seeking assistance from ALGA to identify and obtain community phone nominations for eligible remote Indigenous communities across Australia.

Community telephones will be provided to remote Indigenous communities that have a population of less than 50 and currently have no public payphone or access to mobile phone coverage. Generally, communities requiring a telephone service will receive a fixed community telephone but if they are a very small or transient community, they will be eligible to receive a satellite mobile handset, including accessories such as a solar charger.

The Department will pay the cost of installing, monitoring and maintaining the phone. Recipient communities are required to care for the phone and report any faults so repairs can be organised.

For more information, contact the Indigenous Telecommunications Branch, DBCDE on 1800 355 014 or email icp@dbcde.gov.au

National awards for local government now open

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The National Awards for Local Government recognise, reward and promote the innovative work of local governments across Australia. The National Awards are an important component of the Governments new partnership with local government - showcasing unique local solutions to common problems.

The annual National Awards were set up in 1986 and are run by the Department of Infrastructure, Transport, Regional Development and Local Government. Australian Government Departments and agencies sponsor different categories of Awards.

2009 National Awards are now open for all elected councils to apply. Entries close Friday 17 April 2009.

Contact the Awards team on Freecall 1800 065 113 or email awards@infrastructure.gov.au

From the President

Local government had a big win last Friday at the Housing Ministers' Conference in Canberra with the decision for ALGA to be elevated to full membership of the peak ministerial council body.

The Housing Ministers' Conference consists of the Housing Minister in each Australian State and Territory along with Federal Housing Minister Tanya Plibersek and Families, Housing, Community Services and Indigenous Affairs Minister Jenny Macklin. The Conference serves as a vehicle for the formal liaison between the Australian Government and the states and territories on major issues concerning housing policies and programs.

I am particularly pleased that the role of local government in helping to meet Australia's future housing challenges was formally recognised by the Housing Ministers. This is a timely decision which gives local government equal status at the Housing Ministers' Conference alongside the states and territories. My predecessor as President, Cr Paul Bell, was instrumental in getting the ball rolling on this issue and we are grateful for all the groundwork and negotiations that he undertook over the past 12 months.

Local government is already a strong player in the national arena with full membership of the Council of Australian Governments (COAG) and involvement in 12 other ministerial councils. Housing is a logical portfolio area for local government engagement given our involvement in the new National Affordable Housing Agreement, the Nation Building and Jobs Plan and associated national partnership agreements on social housing, homelessness and remote indigenous housing.

With full membership of the Housing Ministers' Conference, local government will be able to assist in developing national policy relating to planning, housing and community infrastructure. Councils are keen to play a key role in delivering these important national reforms. I look forward to attending the next meeting with full membership status for local government. Granting local government full membership is an encouraging sign that the Federal Government and the states recognise that consulting and working closely with local government in a meaningful rather than symbolic way is essential to the smooth running of our federation and, in turn, strengthens Australia's democracy. This can only be a positive development.

Cr Geoff Lake
ALGA President

Senate report on land clearing

Federal environment laws must be overhauled to toughen controls on land clearing and impose tighter restrictions on ministerial powers, a Senate report says.

It warns current laws are failing to deal with the "devastating impact" of land clearing across Australia, including an accelerated rate of species loss. The report raises concerns about the inability to challenge ministerial decisions on development approvals, endangered species listings or recovery plans for threatened plants and wildlife.

The Senate report says several submissions to the inquiry investigating the Environment Protection and Biodiversity Conservation (EPBC) Act's effectiveness suggested it "does not actually protect or require protection of anything" and falls short of meeting Australia's international obligations under the World Heritage agreement.

Submissions to the inquiry suggested developers were exploiting a loophole in the Act, breaking up big projects into smaller components to play down their total environmental impact. As a result, Australia's native plants and animals faced "a death of a thousand cuts" as piecemeal developments progressively eroded remaining habitat, the report said.

The Senate committee was also concerned that "ministerial discretion" and delays in assessing threatened species listings "are undermining the credibility of the nomination and listing process". The report recommends the Government "consider including a land clearing trigger in the Act", but in additional comments appended to the report, the Australian Greens have urged a tougher stance.

In a joint statement, Senator Rachel Siewert and Senator Scott Ludlum said the Act had "effectively bureaucratised the protection of the environment and the conservation of biodiversity producing a moribund box-ticking approach''.

A spokesman for federal Environment Minister Peter Garrett said the issue of new triggers for the Act "including greenhouse and land clearing" were within the terms of reference for a statutory review of the Act, currently being conducted by former ANU chancellor Allan Hawke. (Source: 'The Canberra Times') A copy of the report is available here.

Infrastructure for Perth

The Federal Government has announced the approval of $995,000 for 12 ready-to-go local infrastructure projects in the south-eastern suburbs of Perth and $387,000 for nine projects in the South West region of Perth.

Parliamentary Secretary for Regional Development and Northern Australia, Gary Gray, said the funding would be delivered from the $800 million Community Infrastructure Program and used to upgrade community infrastructure in communities including Armadale and Serpentine Jarrahdale and the Shires of Murray and Waroona. More information here.

Following the Krait

'Following the Krait Australia to Singapore' which was originally conceived to commemorate the 60th Anniversary of the raid on Singapore in 1943 has now been completed. The project recreated the steps of the original voyage and honoured the men of Operation Jaywick & the little vessel that took them into a place in Australia's military history.

According to team leader Allan Miles, the project has been completed within the time frame planned despite the breakdown of the boat, crew changes and weather that was challenging to say the least.

Now all that is left is the placement of the Treasure Chest Time Capsule next to the War Memorial in Hyde Park Sydney. A delay in obtaining the underground plans of water pipes means that the burial of the capsule will take place in May 2009. Councils interested in having an insert consisting of information of achievements and future management plans have the opportunity for input. Cost is $500 and will offset the project costs. Thank you to all councils that have supported the project already. If you wish to know more please contact operationpilgrimage@hotmail.com or phone 0412 992 997.

Changes to 457 visa program

The Federal Government has announced changes to the Subclass 457 visa program. This package includes responses to recommendations from the Deegan Review into the integrity of the 457 visa program and the views of stakeholders on the Skilled Migration Consultative Panel. The Government will be considering further measures in the context of the 2009 Budget.

The seven measures announced are:

  1. The indexation of the minimum salary level (MSL) for all new and existing 457 visa holders by 4.1% on 1 July 2009, in line with all employees' total earnings last year as reported by the ABS. This ensures that the wages of overseas workers keep pace with local wages.
  2. The implementation of a market based minimum salary for all new and existing 457 visa holders from mid September 2009, to ensure overseas workers are not exploited and local wages and conditions are not undermined (a key recommendation of the Deegan Review).
  3. Increasing the existing minimum language requirement from 4.5 IELTS to 5 IELTS for 457 visa applicants in trade occupations and chefs, to address concerns about the exploitation of workers from non-English speaking countries and align the 457 visa English language standard with the permanent sponsored visa for trades' occupations.
  4. Progressively introducing formal skills assessment from 1 July 2009 for 457 visa applicants from high risk immigration countries in trade occupations and chefs. The Government will consult with stakeholders in finalising an assessment framework that reflects Australian standards and meets the expectations of Australian workplaces.
  5. Introducing a requirement that employers seeking access to the 457 visa program have a strong record of, or demonstrated commitment to, employing local labour and nondiscriminatory employment practices. This will help address concerns that some employers may discriminate against local labour in hiring overseas workers.
  6. The development of training benchmarks to clarify the existing requirement on employers to demonstrate a commitment to training local labour.
  7. The extension of the labour agreement pathway to all ASCO 5 - 7 occupations, to ensure that employers using the 457 visa program to access these occupations satisfy obligations on local training and employment.

More information here.

Nominations for WA solar projects

The Federal Environment Minister Peter Garrett has committed $13.9 million in Commonwealth funding to Australia's seventh Solar City, Perth. "The Perth Solar City project is expected to deliver carbon pollution reductions of more than 15,000 tonnes - equivalent to taking 3,500 large vehicles off the road - and cut energy use equivalent to that of 3,200 homes."

Perth Solar Cities Project is led by a consortium. SunPower as one of six organisations on the consortium is looking for proposals of photovoltaic solar projects above 30kWp on iconic/highly visible buildings to nominate to the steering committee.

Projects should include elements of energy efficiency, and demand management as well as solar. While preference will be given to projects that are located in the Eastern Metropolitan Regional Council area, iconic/highly visible buildings that do not fall in this region will also be considered.

Successful projects meeting the Solar Cities selection criteria will then be recommended to the Federal Government. Subsidies ranging from 30% to 40% will be available to successful applicants.

For further information and EOI forms please contact: Anwar Mohammed - Strategic Account Manager, SunPower, T: 08 9477 5888

Council procurement centre

The Municipal Association of Victoria (MAV) has launched a new procurement centre to assist local government facilitate group purchasing of goods and services in an efficient and cost effective manner.

Rob Spence, Chief Executive Officer said that the key drivers of MAV Procurement would be to reduce local government costs and deliver systemic improvements to councils' service delivery. "Local government spends more than $2.7 billion on goods and services annually. MAV Procurement will focus on those initiatives that can achieve both cost and service outcomes," he said. "Ratepayers and local communities stand to benefit from councils achieving better value for money, and through delivering procurement strategies that support local economic and industry development.

"The procurement centre will achieve bottom-line savings by harnessing councils' economies of scale to collectively purchase products and services. However, it will also support local government to transform council services and policy outcomes through improved procurement strategies. Ongoing research, training and development will also be offered to boost capacity and practices across the sector."

In late 2008 changes to the Local Government Act created a new requirement for all councils to prepare and approve a procurement policy. The new MAV Procurement centre is a non-profit entity. Mr Spence said an in-house procurement centre was the natural next step following recent legislative changes, the release of a Local Government Procurement Strategy and several group purchasing initiatives that had already reduced councils' operating costs and transformed service delivery.

Smoking ban

Moreland City Council has resolved to ban smoking in and near all playgrounds in parks. Moreland Mayor Lambros Tapinos said that children were exposed to the dangers of second-hand smoke when they visited parks and playgrounds to use the play equipment, play team sports, or just enjoy being outside with their friends and family.

"The second-hand smoke created by smokers is harmful to both children and adults," he said. "According to the National Health and Medical Research Council, second hand smoke causes eight per cent of all childhood asthma. Children exposed to second-hand smoke are also more likely to suffer from colds and ear infections.

"Littered cigarette butts are also hazardous to children. Young children may pick up the butts and put them in their mouths, risking choking or burning themselves. The harmful chemicals and nicotine in discarded cigarettes can be toxic and even fatal to a small child.

"Cigarette butts make our parks look dirty and uninviting and cause long-term damage to the environment. Our children deserve a clean, safe place to play. Council has a role in advocating better public health for its residents. Council has approximately 125 playgrounds at parks throughout the municipality."

Moreland City Council has existing smoking bans in place - all council buildings are smoke-free to protect both the health of council staff and members of the public. Health organisations like the Cancer Council of NSW are now urging stronger smoking bans in places not already covered by legislation.

Housing Ministers' Conference

Housing Ministers from the Commonwealth, States and Territories have agreed to elevate ALGA to full membership of the peak ministerial council body.

ALGA is a member of COAG and thirteen other ministerial councils. Until the decision, along with New Zealand, ALGA was classified as an observer on the Housing Ministers' Conference, and did not participate in the Housing Ministers' Advisory Committee, consisting of senior housing officials.

The conference which was held last Friday also agreed to progress important reforms to the social housing system.

Ministers discussed the progress of the housing component of the Australian Government's Nation Building Economic Stimulus Plan. All governments agreed to seek out projects that achieve a six star energy efficiency, access for the aged and disabled and the growth of not-for-profit housing organisations.

Ministers reaffirmed that 75 per cent of the 20,000 homes to be built will be completed by December 2010. Ministers noted that work is already underway on repairs and maintenance of approximately 48,000 public housing dwellings and well progressed on the first stage of construction of new dwellings.

Ministers also agreed to pursue a long-term agenda of reform to public and social housing to increase the social and economic participation of public housing tenants. Ministers agreed that all future social housing should be well located, close to transport, jobs and services. Ministers further agreed to the importance of reducing concentrations of social housing to create mixed communities. Ministers agreed to the long-term growth of not-for-profit housing organisations including the creation of a national system for registration and regulation of not-for-profit housing providers.

Ministers noted the progress in implementing COAG reforms on homelessness. The newly appointed Queensland Minister was unable to attend the meeting.

Centre of Excellence

The Australian Government is contributing up to $8 million in funding for a Centre of Excellence for Local Government to enhance professionalism and showcase innovation and best practice in the local government sector. The new centre was announced by the Prime Minister, Kevin Rudd, at the Australian Council of Local Government meeting on 18 November 2008 in Canberra.

The Government is making up to $8 million available for this landmark project.

Once established, the Centre will foster improvement and professionalism within Australia's third sphere of government. It is expected to:

  • showcase and encourage innovation and best practice across local government;
  • improve local government workforce capability to address skill shortages;
  • assist local government to attract and retain skilled staff; and
  • deliver training and development, including specialised leadership programs.

The Government has consulted with ALGA on the proposal. The Centre of Excellence will help share knowledge and bridge the gaps between local governments, training providers and research institutions.

Applications are sought from Universities (Table A providers as defined in section 16-15 of the Higher Education Support Act 2003) to develop and manage the centre. Universities may submit joint applications with other organisations, such as agencies within the local government sector.

The Minister for Infrastructure, Transport, Regional Development and Local Government, Anthony Albanese, has encouraged universities intending to submit an application to consider partnering with other institutions, local government stakeholders or others with expertise.

Applications close at 5pm AEST on Wednesday 22 April 2009. A decision on the successful applicant will be made after an independent assessment process. The application form and further information about the selection process, including lodgement of applications, are here.

The Request for Application for the Establishment of a Centre of Excellence for Local Government draft funding agreement with schedules, must be read before submitting applications. For any queries, please call (02) 6274 6281 or Email centreofexcellence.fundingproposals@infrastructure.
gov.au

Hope for mitigation funding

The Attorney-General Robert McClelland has written to ALGA President Cr Geoff Lake regarding the continuation of funding for flood mitigation works under the Natural Disaster Mitigation Program (NDMP). The letter is in response to Cr Lake raising the issue with the Attorney General in a letter dated 11 February about the future of the program which is only funded until the end of June 2009. The Attorney-General said that the review process for disaster mitigation arrangements would be completed by May 2009 and considered by the Government in the May 2009 Budget context. "I would like to reassure you that the Rudd Government is keenly aware of the need for continued flood mitigation funding," the Attorney-General stated in his letter. "The devastating effect of flooding has been demonstrated once again by the recent disaster in Qld which has seen over 62% of the State experiencing inundation."

Local Government Skills Forum

ALGA President Cr Geoff Lake spoke at this week's GSA Local Government Forum 2009 held in Canberra. Cr Lake was invited by Government Skills Australia (GSA) to provide an insight and overview of the Australian Government's views of local government and what the future agenda for the local government sector may look like in coming years.

Attended by over sixty delegates from around Australia, including many of the State and territory local government associations, Cr Lake used this event to reinforce the important role that is expected of local government, particularly under the Rudd Government. He said the creation of the Australian Council of Local Government, the commitment to establish a Local Government Centre of Excellence, the Local and Regional Community Infrastructure Fund and the ongoing role played by local government through ALGA at COAG and Ministerial Councils was living proof that local government was seen as a critical player in achieving a more resilient and sustainable Australia.

Cr Lake argued for councils to continue to address their skills and training platforms and ensure local government maintains relevant workplace strategies to meet the diverse challenges expected from their local and regional communities and other levels of government, particularly at the national level.

Cr Lake praised the continuing skills, and workplace initiatives being undertaken through the GSA and Local Government State and Territory Associations, and promised to investigate opportunities where ALGA may be able to provide more leadership in this area in the future, particularly in the area of arguing for more valid and robust skills and education data.

As one of eleven Industry Skills Councils, GSA is responsible for local government and community safety. GSA is committed to providing high quality training resources (such as LGA04 Local Government Training Package) and services to support the recognition of skills and professionalism in local government administration, services and operations. The GSA Board's local government representatives are Greg McLean (Australian Services Union) and Maire Sheehan (Australian Local Government Association).

2009 Regional Museums Award

ABC Radio National is proud to announce the 2009 Regional Museums Award. Australia's regional museums have a crucial role in preserving the history of their regions and locations and in contributing to the social cohesion of the thousands of communities in which they exist.

Following last year's Awards, Radio National has shifted the focus of this year's Awards to highlight the work of some of the country's smallest museums and the extraordinary work of the volunteers whose time and effort is essential to so many small regional museums.

From May 18, 2009 - International Museums Day - ABC Radio National will celebrate museums with a week of themed programming and the announcement of the winner of the 2009 Regional Museums Award.

GFC and food

AgriFood CEO Arthur Blewitt released the AgriFood industry's Environmental Scan 2009, Assuming the Mantle, on Tuesday at the National Press Club.

Mr Blewitt said the food industry is well placed to weather the financial turmoil and support Australia's economic performance and export earnings. With adequate training, many Australians who have lost their jobs in mining and other areas can look for a fresh start in the agriculture, food production and the racing industries.

"We are seeking people who've perhaps been in short term jobs and have been displaced because of the current crisis," Mr Blewitt said. "We would like to think we can find put them in jobs where they can be trained to enhance their capability and longer term career opportunities.

"There are jobs in food and meat processing and apprenticeships for butchers and meat processors. In food processing they're looking for highly qualified food technologists, again always looking for people that have skills. Generally in all those areas there is a capacity to start as a job entrant.

"A prompt and effective translation of people to new jobs will require urgent and streamlined action by governments and industry. They must work together to relax policy and put in place locally-based capability to match displaced workers with jobs and relevant training."

AgriFood industries employ some 880,000 workers but productivity has been constrained by the drought and by the loss of workers to the commodity export sector during the mining boom. The AgriFood industry feeds 60 million people world-wide and is responsible for around 20 per cent of Australia's exports.

AgriFood enterprises occupy two thirds of the Australian land mass and provide 93 per cent of Australia's domestic food.

The report is available at here.

World Heritage Day

World Heritage Day is celebrated on 18 April and offers an opportunity to raise the public's awareness about the diversity of cultural heritage and the efforts that are required to protect and conserve it, as well as draw attention to its vulnerability.

ICOMOS, the International Council for Monuments and Sites makes a number of suggestions on how councils can encourage their local communities to celebrate World Heritage Day.

Strength in diversity

This year the Department of Immigration and Citizenship is sponsoring The Strength in Diversity Award which recognises local initiatives that harness benefits or respond to challenges arising from citizenship, migrant settlement and Australia's cultural, religious and linguistic diversity.

Local governments combine a local focus, the capacity to identify and respond to issues, breadth of jurisdiction and resources that allow flexible and creative approaches, and a profile that enhances entrepreneurial credibility and effectiveness.

Local governments are increasingly taking on community-building responsibilities through their own programs and staff dedicated to migrant and refugee issues in such fields as access and equity, health, child care, aged care, employment skills, arts and libraries. They may advocate on behalf of their diverse constituents. They stage the majority of the ceremonies in which constituents formally acquire Australian citizenship and also provide valuable leadership in terms of what it means to be a good citizen of our culturally diverse society.

There are many initiatives undertaken at the local, grass roots level that can go unrecognised, but these are often the ones that make the biggest difference to the lives of our communities.

The Strength in Diversity Award is an opportunity for the whole community to acknowledge and thank local councils for their valuable work and for councils to share their effective approaches with their peers.

Entries are now open for nominations from local governments and will close on 17 April 2009.

More information about the Strength in Diversity Award, including how to enter a nomination, is available here.

Quote of the week

"It is much better to restrain the adventurous than prod the timid" -
Anon

International news  

The NZ Government is considering its position on the recommendation to form a "super Auckland" with one all-powerful mayor.

Becoming a super city will make Auckland the biggest singe municipal city in Australia and New Zealand, just ahead of Brisbane with 1.2 million people.

In its long-awaited report, the Royal Commission on Auckland governance proposed scrapping the Auckland Regional Council and seven territorial authorities serving Auckland and called for the establishment of a single unitary authority called the Auckland Council.

For the first time, a single mayor will preside over the entire city - and they will have powers greater than those currently allowed.

The Royal Commission says the transformation of Auckland's councils should be done within 18 months to meet a deadline of October, 2010, when new elections will be held. However, despite the emphatic recommendation, the final decision still rests with the Government.

In its recommendation, the Commission is pegging its hopes on an "inspirational leader, inclusive in approach and decisive in action" filling the Lord Mayor type role. It says their new powers will include the ability to appoint their deputy and committee chairpersons, propose budgets and initiate policy and establish and maintain an appropriately staffed mayoral office.

The new Council would have all the powers and responsibilities of a regional council and territorial authority across the region, including the sole ability to set rates, their report says.

"There will be one-long term council community plan, one spatial plan, one district plan, one rating system, one rates bill, one voice for Auckland," the report says.

Six elected local councils would operate underneath the new super city umbrella, but would operate in a way not seen before - providing services and acting as an advocate for residents, ratepayers and their communities while lacking the general powers held by local authorities elsewhere.

A shake-up of Auckland boundaries is also proposed; while those in the north and Hauraki gulf will stay the same, Franklin will be shifted into Waikato, while Tuakau, Pokeno and Mercer will be shifted out of Waikato and brought under the Auckland super city umbrella.

It will stretch more than 100km from Papakura in the south to Wellsford in the north, taking in a population of around 1.4 million.

Greater Auckland currently has four city councils, three district councils, one regional council and community boards. The councils are: the ARC, Auckland City, Manukau City, Waitakere City, North Shore City, Rodney District, Papakura District and Franklin District.

Together those councils employ more than 6000 full-time staff.

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.
Australian Local Government Association - 8 Geils Court, Deakin, ACT, 2600.
Copyright © 2001 Australian Local Government Association. ISSN 1447-980X
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