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25 Sep 2009
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Guide links local government and native title

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The National Native Title Tribunal and the Australian Local Government Association have published an updated 20-page guide to explain key native title concepts to local government decision makers and officers.

Working with native title: linking native title and local government processes is now in its third edition, and introduces readers to contemporary native title issues they are likely to encounter in local government.

How to identify areas likely to be affected by native title, indigenous land use agreements, future acts and scenarios likely to arise in the course of a local council's activities are among topics covered in the publication.

One indigenous land use agreement, signed in Ipswich in Queensland in January 2008, is highlighted to demonstrate how councils and indigenous people can address native title issues in a collaborative manner.

Ipswich deputy mayor Victor Attwood said he recommended local governments resolve native title issues through negotiation.

For a copy of Working with native title visit www.nntt.gov.au and go to Publications, maps and research, General publications and fact sheets.

(Left to Right) Madonna William - representative of the Jagera People, Cr Paul Pisasale - Mayor of the Ipswich City Council and Ross Anderson - representative of the Ugarapul People sign the ILUA at a ceremony in Ipswich

Swine Flu vaccine roll-out

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Australia's independent medicines' regulator, the Therapeutic Goods Administration (TGA), has announced it will register the pandemic influenza (swine flu) vaccine. This decision paves the way for a national vaccination program to start from September 30.

Health Minister Nicola Roxon said the initial rollout of the vaccine would concentrate on vaccinating front-line health workers and vulnerable people who may experience severe effects from the pandemic influenza. The Federal Government has purchased 21 million doses of the vaccine. More than four million doses of the vaccine are already in Commonwealth Serum Laboratories' warehouses in major cities and this week state health authorities began delivery to immunisation providers including hospitals and GPs. The engagement of local government in individual jurisdictions will depend on arrangements applying in those jurisdictions.

Minister Roxon said while the virus has been mild in most people it has had severe effects in some, including more than 100 children. In Australia alone the pandemic flu has been associated with thousands of hospitalisations and 178 deaths. Worldwide there have been more than 3500 deaths associated with this flu strain. Information will be available in the coming week from the States and Territories as to where and how people can access the vaccination. The public can get more information by phoning the Pandemic Flu hotline on 1802007 or visiting www.healthemergency.gov.au

National approach to biosecurity preparedness

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ALGA attended the Primary Industries National Communications Network meeting in Melbourne last week. The activities of the network are co-ordinated and chaired by the Australian Government Department of Agriculture, Fisheries and Forestry (DAFF) and its chief focus is on prevention, preparedness and response activities related to the public communication dimension of biosecurity issues and incidents. At the meeting, ALGA presented its draft National Local Government Pandemic Communications Protocol for discussion. The national protocol outlines the roles and responsibilities of state and territory local government associations and ALGA within a pandemic or crisis situation and outlines communications procedures. Other issues on the agenda were swine flu, hendra virus, bushfire preparedness, and an update on biosecurity threats. The Victorian Department of Primary Industries presented its research with Culturally and Linguistically Diverse (CALD) communities on the off-label use of chemicals, excessive water usage and inadequate safety precautions. The department is working to build links in particular with Chinese and Vietnamese vegetable growers in the Pakenham/Cranbourne area and Werribee/Geelong areas. Shepparton, where 18% of the population, is from a CALD background has a multicultural liaison officer and long-established extension programs and provides a model for broad community education and information campaigns.

The Primary Industries National Communications Network (NCN) was set up in 2002 as a result of a Council of Australian Government (COAG) Memorandum of Understanding to establish a network of key communication managers to provide consistency of content and timing of media and communication information in the event of a foot and mouth disease outbreak in Australia. Since then, with the support of the Primary Industries Standing Committee (PISC), the role of the NCN has expanded to also support risk mitigation activities and emergency responses to pest and disease emergencies covering: animal health; plant health; aquatic, and marine pest incidents.
From the President

The decision last week to sack Brimbank Council is the second time since the Bracks/Brumby Labor government came to power in 1999 that a council in Victoria has been dismissed. The first was Glen Eira in 2005. They were a Liberal council behaving badly. This time it is a Labor one.

For supporters of local democracy, sacking a council should be a last resort. At just two council sackings, the Victorian Government compares fairly well. The NSW Government by contrast has sacked three times as many.

Unlike some in local government, I support the right of a state government to sack a corrupt or a poorly governed council. This is an important check on the system. A council which breaks the law or cannot properly govern its affairs deserves to be removed from office. And more importantly, the unfortunate community it governs deserves relief.

Since the release in May of an Ombudsman's report into the conduct of the previous councillors at Brimbank, it has been fairly easy to assume that Brimbank fits this category. Sydney has its Wollongong and now, it seems, Melbourne has its Brimbank. Fair or unfair, both have become emblematic of all that is rotten with government at the local level.

However, last week's report by Municipal Inspector, Bill Scales, recommending that the council now be sacked deserves closer scrutiny.

Scales was appointed in the immediate aftermath of the Ombudsman's report and was tasked with monitoring the conduct of the new group of councillors elected last November.

His report cites four reasons to justify why the council should be sacked: an attempt by a councillor to have a parking fine reviewed, the leaking of confidential information, councillor conduct and an attempt by an outside organisation to influence councillors.

The evidence supporting each reason is surprisingly weak given the severity of Scales' conclusion that the council ought to be sacked and given his considerable experience (he once headed the Victorian Public Service).

A councillor seeking a review of a parking fine, even if that councillor's approach was inappropriate, might warrant further investigation of the particular councillor concerned, but hardly amounts to a reason to sack the whole council.

To support the second reason, the report cites two examples of the possible leaking of confidential information. Only one potentially amounts to an offence under the Victorian Local Government Act and this occurred in March - well prior to the period during which the council was under review. But in any event, Scales admits he has no idea who leaked the confidential information on either occasion. Conceivably, it could have been one of the external presenters or a council officer. Hardly a compelling basis on which to dismiss a council.

In explaining his third reason, 'councillor conduct', the report is in actual fact referring to just one councillor who has apparently not satisfactorily separated his business dealings from his councillor duties. Again - a matter which appears to justify further investigation of the individual - but not the sacking of the collective.

However, it is the inclusion of the fourth and final reason that is the most breathtaking: the undue influence of an external organisation. This refers to a letter sent openly to councillors by a local political party branch expressing a view on a local issue which is still to be considered by the council. There's nothing at all remarkable with a person or organisation writing to express a view on a council issue. Such representations occur every day in every council across the country. It is what democratic process is all about - the contest of ideas and the lobbying of decision makers. To suggest that this letter amounts to undue influence and a matter for which the council is itself accountable is bizarre and displays one of the most na?ve understandings of the local government environment that I have seen.

Viewed either individually or together, the reasons cited to support sacking the council are glaringly inadequate. There may well be grounds to support sacking the council, but this report does not demonstrate them. If there was a capacity for judicial review of this decision, I have no doubt a court would tear the report to shreds.

It is tempting to simply turn a blind eye and look past the flimsiness of the reasons advanced to sack the council. Since the earlier Ombudsman's report, the council has almost universally been regarded as an embarrassment by the local community, the Government, the media and local government generally. Almost no one laments its demise. However, it is worrying when a democratically constituted government is sacked without adequate justification. Mere political expediency just doesn't cut it. This is a decision that should trouble anyone who values democratic governance.

Cr Geoff Lake
ALGA President

Non-profit contributions

Non-profit institutions contributed close to $43 billion (or 4.1%) to Australia's economy in 2006/07, as measured by gross domestic product, according to figures released today by the Australian Bureau of Statistics (ABS).

Non-profit institutions received income of $76.6 billion and employed close to 890,000 people during the same period.

The types of non-profit institution activities that contributed to gross value added were education and research (27%), health and hospitals (17%), culture and recreation (16%) and social services (16%).

Volunteers made an important contribution to non-profit institutions. In 2006/07, volunteers contributed 623 million hours to non-profit institutions, equating to 317,200 full-time equivalent jobs. The economic value of these hours was estimated to be $14.6 billion.

Further details are in Australian National Accounts: Non-Profit Institutions Satellite Account, 2006/07 (cat. no. 5256.0) available free from the ABS website.

New Qld pool regulations

The Queensland Opposition says the State Government has not allocated the resources to police the tougher pool laws.

Under the changes, pool owners will be required to set out clearance zones around pools and there will be mandatory inspections when a property is transferred or sold.

The laws will apply to all new pools from December and to existing pools by the end of next year.

The State Government says local authorities will be responsible for ensuring the laws are obeyed.

But Deputy Opposition Leader Lawrence Springborg says that will put more financial pressure on councils.

But the Local Government Association of Queensland (LGAQ) says they should be able to implement the new pool laws.

LGAQ spokesman Greg Hallam says staff can look at pools during other inspections.

"It's not every single pool in Queensland every year, or every two years or every three years, it will be the sort of normal cycle of turnover of property," he said.

"Councils do building inspections at that point as a matter of course, or the private certifiers do."

Amalgamations in WA

Four Mid-West shires have become the first to agree to voluntary amalgamation, under the WA State Government's push to reduce the number of local councils.

Mingenew, Three Springs, Morawa and Perenjori have agreed to merge to form one council. The WA Local Government Minister John Castrilli says the name and location of the council is yet to be determined.

Solar panels and heritage

There is concern heritage guidelines are delaying the installation of hundreds of solar panels in Tasmania.

Solar rebate programs have created a surge in demand but current guidelines do not balance heritage values with the introduction of renewable energy sources.

Hobart Mayor Rob Valentine has told ABC Local Radio that the Federal Government has helped make the situation, so should help resolve it.

"It is a local government issue but I think consistency is important and to get a consistent approach I think is very important across Australia so people know the rules,? he said. "Our officers are working on guidelines to be able to assist in the assessment of these sorts of things because there aren't any. Our council is well aware that in this new environment, we have demand for renewable energy, we need to be looking at that so we're doing that."

Councillor makes announcement

Australia's only councillor serving on two municipalities in different states has ended speculation about where she will continue her local government career.

Cr Sue Nichols resigned from the Wentworth Shire in south-west New South Wales and will continue on the neighbouring Mildura Rural City Council in north-west Victoria.

She was forced to choose between her positions by Victorian Government legislation that prohibits councillors serving on more than one council, or working for MPs.

Cr Nichols' decision will force the Wentworth Shire to hold a by-election to fill the vacancy and she says that is a pity. "Quite frankly, had it been brought in at the end of this term or previously, I think the ratepayers of both Mildura and Wentworth would have been better served," she said.

WA expert panels mooted

Major metropolitan infrastructure and development projects in Western Australia will be assessed by expert panels, under a proposed plan to streamline the approvals process.

Under the proposed changes, metropolitan projects valued at more than $2 million will be referred to the assessment panel, along with regional, commercial and retail projects valued at more than $1 million.

City of Bunbury says the Western Australian Government's proposal to strip local councils of their powers to control major developments will have a detrimental impact on local communities.

Mayor David Smith says the changes mean there will be less public scrutiny and accountability. He says local communities will feel the impact.

"I just think it means a loss of jobs within local communities, it means the loss of accountability for local communities and it just indicates a lack of trust in local government that quite frankly I find very disturbing as a mayor," he said.

Electric cars

Adelaide City Council will offer to install recharging stations for drivers of electric cars who have reserved parking in the city.

Lord Mayor Michael Harbison says charging points would be fitted to the wall at a designated parking space.

Only seven electric cars are registered in South Australia but Mr Harbison predicts the demand will grow.

"Because there are very few electric cars there are very few charging points and the idea of this initiative is to really break that deadlock," he said.

"The easiest way for us to begin having charging points is on the wall next to a leased car space where you will always have the same car in that space."

Performing arts

Arts Minister Peter Garrett announced more than $3 million in Playing Australia funding for 19 performing arts companies to tour regional Australia.

"This funding will ensure that some of Australia's best known and loved arts companies can play to regional communities in 2010," Mr Garrett said.

"Round 34 funding will support performances in drama, children's theatre, contemporary dance, world music and classical music.

"As well as entertaining audiences and providing opportunities to see exciting new works, these troupes of actors, musicians and their crews are making a real and lasting financial contribution to the economies of the towns they visit."

More information here.

Safer mobility scooters

As reported in the August 21 edition of 'ALGA News' Dr Craig Emerson, Minister for Competition Policy and Consumer Affairs, has expressed concern about safety issues associated with the use of motorised mobility scooters, noting that since July 2000 there have been reports of 71 deaths in Australia directly related to accidents involving motorised mobility scooters.

Last week in Canberra, ALGA attended a Reference Group meeting of key stakeholders convened by the Australian Competition and Consumer Commission (ACCC) at the request of the Minister. The aim was to identify in a workshop-style meeting, the issues about the use of motorised mobility scooters and identify some possible solutions.

The discussions were very insightful, noting a range of complex data analysis and gap issues, a range of legal and technical problems which affect the classification of motorised motor devices (and therefore the connection with road use or footpath use, licensing and registration) and aspects relating to the use of these transport enablers. For example, it was noted that not all local footpaths are well-maintained to support motorised vehicle scooter use, and that visibility and protection of riders is important.

In the discussions, some councils were cited as having well-maintained footpaths and roads whilst others were not. ALGA took the opportunity to advise that capacity is a real issue for local councils and that the issues for councils in maintaining and delivering local community infrastructure are particularly complex. It was a point that stakeholders agreed was a significant factor in determining solutions that impact upon local councils.

Other stakeholders at the meeting came from the industry, government, regulators, the tertiary education and research sectors, population ageing associations, Standards Australia and the National Transport Commission. ALGA expects that the ACCC will advise of developments in this area in due course.

State of the Regions report 2006-07
Supermarkets open up

Eighty per cent of leases that restrict competition to major supermarkets Coles and Woolworths in shopping centres will be abolished, the Minister for Competition Policy and Consumer Affairs Dr Craig Emerson said.

The ACCC has reached agreement with the major supermarkets to end existing restrictive provisions in supermarket leases with shopping centre owners.

"This pro-competitive agreement means that out of 750 active restrictive leases involving Coles and Woolworths, 602 will cease immediately," Dr Emerson said. "The remaining 20 per cent will be gone within five years and no restrictive provisions will be allowed in new stores."

For agreements relating to stores that have been operating for more than five years, the restrictive lease provisions will cease immediately and for newer stores, the restrictive provisions will end no later than five years from the original date of the store opening. This move will open up shopping centre space for competitors such as Aldi, Franklins, Foodworks and IGA stores.

The ACCC has also indicated it will also engage with other supermarket chains with a view to removing any anti-competitive provisions from their leases.

Dr Emerson has released the Rudd Government's policy paper titled: Introducing more competition and empowering consumers in grocery retailing here.

In addition to abolishing restrictive lease provisions the Government is moving with states and territories to ensure planning laws do not unjustifiably restrict competition in grocery retailing. And the Government has extended the foreign policy investment timeframe for the development of vacant commercial land from 12 months to five years, enabling foreign-owned supermarkets like Aldi and Costco to increase their presence in Australia.

Telecommunications forums

The Australian Telecommunications Users Group (ATUG), which like ALGA is a member of the Online and Communications Council working group on National Broadband Development, has been very active in consulting with telecommunications users, including local councils and communities, about their views on the digital economy.

ATUG has noted the support of local councils around the country for the Forums, including the Mayors of Geraldton, Bunbury and Rockingham in Western Australia and those of Dubbo and Bathurst in NSW.

The dates of the Focus Forums, for which Primus is ATUG's Industry Partner are:

  • Sydney - 8th Oct
  • Canberra 14th Oct
  • Melbourne 15th Oct
  • Brisbane 16th Oct
  • Adelaide 20th Oct
  • Perth 22nd Oct
  • Tasmania 29th Oct or 30 (TBC)

Further information on the above can be obtained at www.atug.com.au

Review of referendum process

At the same time as ALGA receives the results of social research into the general public's understanding of both constitutional issues and local government, the House of Representatives Legal and Constitutional Affairs Committee has launched an inquiry into the rules governing referenda. As a result of the research, ALGA has a unique and current insight into the public's understanding of several aspects of the referendum process. ALGA is developing a submission to the inquiry, which will focus on some of the issues highlighted in the research and the lessons learnt from ALGA's process for achieving constitutional recognition for local government - including public funding of the Yes and No campaigns, and the mechanism for developing proposals for constitutional change. ALGA will be engaging with its state and territory association members in developing the submission.

The parliamentary inquiry will examine the effectiveness of legislation administering the conduct of referenda. The Referendum (Machinery Provisions) Act 1984 sets out the processes for preparing the Yes and No cases for referendum questions and restricts government spending in relation to such matters. The Committee points out that the procedures applying for Yes and No cases for referendum questions were first introduced in 1912 and now in 2009 it is appropriate to ask whether there is a more effective way to engage and inform people about the Constitution and proposed constitutional change.

The Committee's terms of reference are to examine:

  • processes for preparing the Yes and No cases for referendum questions;
  • provisions for the public dissemination of the Yes and No cases (currently in pamphlet format);
  • limitations on the purposes for which money can be spent in relation to referendum questions; and
  • any amendments required to provide an appropriate framework for the conduct of referenda.

Submissions are due by 9 October. More information here.

Questioning the federation

Local government is encouraged to have its say on a new question posted on the Australia 21 website - from Professor Ron McCallum AO who is Professor of Industrial Law at the University of Sydney, and is the only Australian currently serving on any of the United Nations Human Rights treaty bodies. Ron's next big question is "How should we govern Australia within a federal framework?" For more information click here.

Australia 21 is a non-profit group to fill a national need for fresh and independent thinking about large and unsolved problems that confront us in the new century. It creates networks by drawing on outstanding researchers and experts from diverse institutions and disciplines, nationally and internationally, and from various sectors of society.

Native Title Act

The Native Title Amendment Act 2009 (the Act) was passed by the Australian Parliament on 14 September 2009 and received the Royal Assent on 17 September 2009. The majority of the provisions in the Act came into force on 18 September 2009.

The Act amends the Native Title Act 1993 to implement institutional reform by giving the Federal Court (the Court) the central role in managing native title claims. It also implements other measures that will assist in achieving quicker, more flexible settlements of native title claims. The legislation also makes a number of amendments to Part 11 of the Native Title Act, which deals with representative Aboriginal and Torres Strait Islander bodies.

The amendments are designed to reduce administrative time and cost while maintaining a fair and open system of recognition for representative bodies and their clients. More information about the amendments can be found on the Attorney-General Department's website. A summary document is available on ALGA's website.

Indigenous smoking

The Federal Government has revealed its next move is to tackle smoking among indigenous people, warning the problem must be overcome to have any hope of "closing the gap". Indigenous people were more than twice as likely to be smokers. Minister for Indigenous Health Warren Snowdon confirmed that the search was under way for a 'Tackling Indigenous Smoking Coordinator to work in the federal health department. "[Smoking] is one of the most important issues for us to deal with in terms of primary health care," the Minister said. "It's the number one cause of chronic conditions and diseases among indigenous Australians. "And in 2003, smoking was found to be responsible for one-fifth of the deaths of indigenous Australians and 12 per cent of actual burden of disease." The health department has called for tenders, which close on September 30. (Source: The Canberra Times)

Board gender equality

The Women Getting Into Boards Report 2009 released this week has found that the recruitment processes for boards are predominantly inequitable because they lack transparency, lack clearly defined and realistic criteria and are only advertised to a select group of people.

Equal Opportunity Commissioner Elizabeth Broderick agrees that government intervention is required if we are to see results.

"The Report calls for Government to set the example by having more women on public boards and setting incentives for private boards to follow suit, including making boards more accountable for outcomes achieved and putting in place quotas for gender balance," the Commissioner said. "We need to seriously consider all these options if we are to finally make real progress. The report once again makes it clear that we simply must investigate and improve this situation so that future generations of women can approach their careers with the same confidence as their male counterparts." The Women Getting Into Boards report 2009 is available online at the Australian Centre for Leadership for Women website.

Australia continues to experience high population growth: ABS

Australia's population increased by 2.1% for the year ending March 2009 according to statistics released by the Australian Bureau of Statistics this week. The last time Australia saw higher growth rates was in the 1950's and 1960's as a result of post war migration and high birth rates.

These rates compare with a 1.2% growth rate recorded five years ago.

As at 31 March 2009, Australia's population had grown to 21,779,000, an increase of 439,100 people over the previous year. Australia's net overseas migration contributed to more than half of this growth at 63% or 278,200 people. Natural increase (the excess of births over deaths) contributed 160,800 (37%).

In the same period, Western Australia continued to record the fastest population growth at 3.1%, followed by Queensland (2.6%), the Northern Territory (2.2%), Victoria (2.1%), the Australian Capital Territory (1.8%), New South Wales (1.6%), South Australia (1.2%) and Tasmania (1.0%).

More details are available in Australian Demographic Statistics, March Quarter 2009 (cat. no. 3101.0) at www.abs.gov.au

Mobile phones add up

Australian families are spending more on mobile phone bills than petrol, according to reports.

A study of household spending habits by 'The Australian' found that Australian families are increasingly spending more time at home, with spending on food, electricity, gas and water rising.

Spending on mobile phone bills now makes up 2.5 percent of the household budget, while petrol spending comprises 2.4 percent, a record low.

Quote of the week

"...There is still considerable uncertainty surrounding the global outlook: the global economy remains fragile...the sustainability of a global recovery is heavily reliant on the continued implementation of stimulus commitments." -
Dr Ken Henry, Treasury Secretary, to the Australian Institute of Company Directors

International news  

Smokers in the "land of the free" are finding themselves increasingly less free to pursue their habit.

New York City officials are the latest to consider banning smoking in their parks and outside spaces - and where the US leads, the UK often follows.

Having driven smokers outside their workplaces and enclosed public places, city authorities are considering limiting the options for a quick puff.

Such bans are increasing, with California in the vanguard. State legislators there have prohibited smoking in all state parks and on parts of beaches, two years after Los Angeles extended its existing ban on playgrounds and beaches to parks. Chicago still allows smoking in many of its parks, but bans it at beaches and playgrounds.

New York banned smoking in most restaurants in 1995, followed by prohibition in workplaces and indoor public places in 2003, three years before bans came into force in Scotland and four years before they were introduced in England and Wales.

The Department of Health in England said today it had no plans to extend smokefree areas, saying such moves were up to local authorities.

New York set Britain and other US authorities another public health example recently by requiring its restaurants to list calorie counts on their menus. The UK government's Food Standards Agency has said it hopes a voluntary scheme will be widely followed. (Information source: The Guardian)
Forthcoming events

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ALGA News can be read online each week at www.alga.asn.au/news.aspx
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