The independents and local government

As counting continues in the wake of the 2010 federal election, it is almost certain that at least three non-aligned independent MPs will hold the balance of power in the House of Representatives - Tony Windsor (New England, NSW), Robert Oakeshott (Lyne, NSW) and Bob Katter (Kennedy, Queensland). (News Ltd photo).

ALGA heard them speak at the National Press Club this week, but has also begun some preliminary research on their views of local government. Here is some of what that research reveals:

Tony Windsor, who has been a member of the House of Representatives since 2001, and previously was on the cross benches of the New South Wales Parliament in 1991 as an independent, has expressed support for the role of local government in programs designed to assist the regions. On 24 June 2009, he said that the report of the House Standing Committee on Infrastructure, Transport, Regional Development and Local Government into the Howard Government's Regional Partnerships program, revealed that the program had lacked fairness for 'community groups and local government groups' and that 'the involvement of local government is a positive because local government is elected and at least there is some stream of accountability in that process.' He has also expressed strong support for the Roads to Recovery arrangements, describing the program as 'very fair....where everybody got their fair share and people appreciated it' and noted it was 'probably one of the better programs of the previous government.' He added that 'local governments are far better situated to make... decisions rather than having a centralised basis for decision making in terms of road funding'. Other issues that Mr Windsor has expressed support for include a national broadband network, a population plan, consideration of zonal taxation and an examination of fuel prices and taxation in Australia.

Bob Katter, who has been a member of the House of Representatives since 1993, served in the Queensland Parliament from 1974 to 1992 and held a range of Ministerial portfolios in the Queensland Government from 1983 to 1989. Mr Katter has expressed a strong interest in better roads infrastructure for his electorate. For example, in a speech to the Parliament in June 2010, he said that there had been 5 deaths in 2 months at the Millaa Millaa intersection in Far North Queensland, and that despite visits from state officials, no action had been taken. He has also commented on the size of the road freight task in his electorate and the dangers faced by road users and truck drivers in the towns.

Rob Oakeshott has been a member of the House of Representatives since October 2008, winning the seat of Lyne in a by-election prompted by the retirement of Mark Vaile, a former National Party leader. On 15 June 2010, he commented in the Parliament on the Regional and Local Community Infrastructure Program, saying that he would be interested in its 'ongoing and recurrent funding'. He went on to say that 'the issue for local government, particularly in New South Wales, where we are pegged, is infrastructure backlog, which is $100 million 'in one council alone, particularly with respect to timber bridges'. He also recognised in his speech that in the Far North Coast, there is high growth and a low rates base and that 'this issue is just getting pushed onto local government.' Rob Oakeshott has also pointed to the need to provide infrastructure in the regions, saying 'growth regions seem to be the last to get their infrastructure needs met.'

In his maiden speech to the Parliament in October 2008, he described his role in the Parliament as requiring him to participate in 'the two most important aspects of our national Parliament - the economy and the Constitution.' On the Constitution, he said that 'I am of the school that believes that the spirit of the Constitution's writers would not be wedded to their words in ink, but would look at Australia today as a case of unfinished business.' He said that the Parliament should work on many of the section 51 and 52 questions 'so as to truly create the Commonwealth that I hope we all desire.'

Next week, as counting is further advanced, ALGA will profile the views of other MPs who are expected to be on the cross-bench of the House of Representatives, such as Andrew Wilkie (Denison, Tasmania) and Tony Crook (O'Connor, WA).

Migrant settlement stretches council resources

Local government continues to be hit with cost-shifting by the other two levels of government in the settlement of new migrants and refugees, ALGA President Cr Geoff Lake said last night.

Speaking at a conference in Wangaratta on 'Local Government and Multiculturalism' organised by the Victorian Multiculturalism Commission, Cr Lake said that local government was at the cutting edge of promoting cultural diversity. Councils provide services for migrants and promote community engagement through events such as Chinese New Year celebrations, Harmony Day, Cultural Diversity Week, multi-faith events, citizenship ceremonies and Australia Day events. "Local government is doing some terrific things at the local level to respond to the needs of our culturally diverse society but we're doing it on a shoestring," he said. "One important aspect of cultural diversity is participation in the democratic process," Cr Lake said. "An increasing number of councillors are from diverse ethnic backgrounds, more closely reflecting the composition of the local community and we need to build on this further."

Reforming Australia's Federation

Last Friday, ALGA lodged its submission to the Senate Select Committee on the Reform of the Australian Federation. Submissions closed on 20 August 2010.

ALGA welcomes the Senate Select Committee's examination of the reform of the Australian Federation. In its submission, ALGA outlines the reasons why it believes that reforms that support the role of local government in local and regional communities throughout Australia must be made to the Australian Federation. The submission describes the evolving role of local government since it was first established in Australia in 1840, and the relationship it has had with the Commonwealth over recent decades. Particular issues canvassed in the submission include the intergovernmental funding of local government and the need for reforms to the nation's Constitution so that uncertainties affecting the position of local government are overcome. ALGA puts the case for a Parliamentary Inquiry into Financial Assistance Grants, and a referendum to recognise local government in the term of the next Parliament.

A copy of the submission is expected to be made available in coming days on the Committee website.

It is almost a week since the election and we are still none the wiser about who has won! Despite claims that Australia's electoral landscape has shifted, the fact remains that the three major parties achieved 90% of the vote.

The three re-elected independents have a strong understanding of regional and rural issues. Tony Windsor is a strong supporter of Roads to Recovery and Rob Oakeshott is on the record as supporting the Regional and Local Community Infrastructure Program. We are still awaiting the final makeup of the Parliament with at least the seat of Brisbane being too close to call. Whilst I think most councils would prefer a government with a clear majority, a hung parliament offers opportunity to help unlock money for services and roads by making the Federal Parliament more interested to local community interests.

Another issue that has arisen from the elections is the news that several candidates elected at last weekend's federal election could face a challenge over holding council positions. According to the official Parliament House website, the question of whether a local councillor holds an 'office of profit under the Crown' (which is not permitted for a candidate) remains unresolved. Given the closeness of this election, it might be that we see a court challenge over the legitimacy of these members' elections.

Cr Geoff Lake
ALGA President

Briefs

2010 National Local Roads and Transport Congress - early bird registrations

Early bird registrations offering significant savings for the 2010 National Local Roads and Transport Congress are now open. If you are thinking of attending the Congress register now and save.

Early bird registrations can be made on line until 8 August at the following website or through the ALGA website by following the links from the 2010 National Local Roads and Transport Congress button.

The Roads Congress is being held from 13-15 October immediately following the WA Roads Forum in Bunbury, Western Australia.

The Congress will feature the release of the Local Roads 10 year needs study commissioned by ALGA. We will be using the results of that study to lobby for future road funding.

We will invite the roads and transport spokespeople from the major parties to speak and will also approach the new key players, the independents. The shift in power in Canberra presents remote, regional and rural Australia with new opportunities to present its case and be heard. As part of the Congress and to get the message across to politicians, ALGA is running a Worst Road and Bridge competition. ALGA will use those photos as supporting evidence of the needs and to demonstrate to the Australian community the type of transport infrastructure that serves remote, rural and regional communities and industries because of the lack of funding. We need as many entries as possible. Photos should be sent to andy.hrast@alga.asn.au. The registration brochure for the Congress has also been posted to all councils.

40% emissions cuts in ACT

The ACT Labor Government will set targets to cut greenhouse gas emissions by 40% by 2020, and 80% by 2050, based on 1990 levels, Minister for the Environment Climate Change and Water, Simon Corbell, announced yesterday.

Mr Corbell tabled the milestone targets with the Climate Change and Greenhouse Gas Reduction Bill 2010.

"Last year the ACT Government announced its commitment to make Canberra carbon neutral by 2060 and these targets set important milestones towards implementation of that long term goal," Mr Corbell said.

The legislation formally sets out the Government's commitment to carbon neutrality by 2060 and peaking in per capita emissions by 2013. In addition, it:

• prescribes regular reporting to the Legislative Assembly on the ACT's greenhouse gas emissions trends;
• establishes a Climate Change Council, which will provide independent advice on climate change issues as they effect business and the wider community; and
• encourages private entities to take action through voluntary sector agreements with Government.

Cultural development workers snare grants

The Australia Council launched two pieces of research on artist's careers this week, showing artist's incomes remaining depressingly very low. One interesting finding from the Throsby & Zednik report is that Community Cultural Development workers are the best at getting grants, with 64% of those applying being successful, more than any of the other 7 groups of artists in the report. More information here.

Council measures greenhouse footprint

Like many Australian councils, the City of Bayside is seeking to implement effective processes for measuring and reporting on greenhouse performance.

For Bayside, it's about striking a balance between regulatory compliance and practical measurement and reporting.

Manager for environmental sustainability at Bayside John Edwards says "There's increasing pressure on local government to develop greenhouse reporting frameworks that will adequately meet requirements such as NGER.

"The challenge lies in developing a framework that delivers regulatory compliance, while at the same time helps us to better manage our environmental impact and achieve energy cost savings.

"The reporting framework we adopt must ultimately serve as a practical management tool that we'll use to improve our performance," continues Mr Edwards. "Measuring and reporting achieves little unless we use those reports to drive improvement and achieve savings."

Bayside has partnered with Planet Footprint to deliver a greenhouse reporting framework.

Australia up there with the best

Australia has been voted the world's fourth best country in an international survey of national wellbeing - behind Finland, Switzerland and Sweden.

Rankings were based on education, health, quality of life, economic competitiveness and political environment by US magazine Newsweek.

The ranking is well ahead of typical rivals Canada (7th), United States (11th), New Zealand (13th), and the United Kingdom (14th).

New homes environmentally efficient to meet building standards

Households in newer dwellings were more likely to have the energy and water efficiency elements they needed to reach government building standards, but beyond these measures they were quite similar to households in older dwellings, according to a report released today by the Australian Bureau of Statistics (ABS).

A greater proportion of households in newer dwellings had solar hot water systems, wall insulation and rainwater tanks plumbed into the dwellings.

Households in older and newer dwellings differed in their reasons for installing insulation. Nearly one-half of households in newer dwellings stated their main reason for installing insulation as building regulations and standards, compared to less than one-tenth of households in older dwellings. A little over one-third of households in newer dwellings stated their main reason for installing insulation was to achieve comfort, compared to over half of households in older dwellings.

69% of households in newer dwellings had insulation installed in the walls, compared to 30% of households in older dwellings.

25% of households in newer dwellings had a rainwater tank plumbed into their dwelling, compared to 12% of households in older dwellings.

18% of households in newer dwellings had a solar energy system, compared to 3.8% of households in older dwellings.

*Newer dwellings are defined as two years old or less at October 2009.Further information is available in State and Regional Indicators, Victoria, June 2010 (cat. no. 1367.2) available for free download on the ABS website.

Inquiry into Australia's urban water sector

The Productivity Commission invites interested parties to register their interest in an inquiry into Australia's urban water sector.

In undertaking the inquiry, the Commission will identify opportunities for efficiency gains in the structural, institutional, regulatory and other arrangements that govern the sector. As part of the inquiry, the Commission will identify practical actions that the Commonwealth, state and territory governments and local councils can undertake to implement options for reforms, including any transitional arrangements.

In the course of the inquiry, the Commission will consult widely with government agencies and other interested parties. To register and for more information click here.

MPs under scrutiny over council positions

ABC News reports that several candidates elected at last weekend's federal election could face a challenge over holding council positions.

A Professor of constitutional law at Queensland's Bond University, Patrick Keyzer, says according to the Constitution, candidates cannot hold an 'office of profit under the Crown'.

"If a person who's in the public service is elected to the House then there's a belief - and this has been expressed in High Court judgements - that membership of the public service may impair their duties to the House of Representatives," he said.

"There's very considerable risk that the public servant would share the political opinions of the minister of his or her department and that would mean that they wouldn't bring a free and independent judgement to their role in the house."

But according to the official Parliament House website, the question of whether a local councillor holds an 'office of profit under the Crown' remains unresolved.

Submissions due on Tuesday for PC into Planning and Zoning

The deadline for submissions to the Productivity Commission's benchmarking study into Planning, Zoning and Development Assessments has been extended from 16 July to 31 August. This study is the third year in a series of reviews benchmarking Australian business regulatory burdens.

ALGA is finalising a submission to the study in consultation with State and Territory Local Government Associations. A separate joint submission by ALGA, the Planning Institute and the National Heart Foundation focused on Healthy Spaces and Places and the importance of integrated approaches to planning has also been submitted to the PC Inquiry. More information is available here.

Sustainable house open in NSW

Australian Living's eight-star home will be open for Sustainable House Day, Sunday 12 September, where visitors will be able to see and learn about a truly sustainable home. More information here.

Community health concerns from drug labs

People who use illegal methamphetamine drugs are unintentionally exposing their fellow Australians to the risk of cancer and other forms of poisoning.

Leading scientists from the Cooperative Research centre for Contamination Assessment and Remediation of the Environment (CRC CARE) said it was important for the community to appreciate the risk to its own health and that of the environment posed by illicit drug-making activity. Clandestine manufacturers or 'cooks' of methamphetamines typically wash toxic waste from the production of the drug down drains or dump it untreated into the environment, said CRC CARE's Professor Ravi Naidu and Professor Megharaj Mallavarapu.

At the same time the places they do it - usually rental houses or flats - can become contaminated with volatile chemicals that may endanger the health of subsequent residents, who may be completely unaware their home has been used as a drug factory. "In New Zealand, they have recently torn down several houses where drugs were made because they were so polluted it would be hazardous for anyone to live there afterwards," the researchers said. "So this is also a serious issue for landlords, who can find themselves facing legal action, clean-up costs of $150,000 or more, a huge drop in property values or even their building being razed to the ground, as a result of an activity which they knew nothing about."

"We do know that over five kilos of toxic waste are generated for every kilo of methamphetamine drug produced," said Professor Naidu. "Local residents can unknowingly be exposed to and endangered by this toxic waste through inhalation, skin absorption or by drinking contaminated water. Primary contaminants of concern from these drug labs include known carcinogens like benzenes, and other toxins such as methylene chloride, trichloroethane and toluene."

"Preventing clandestine drug manufacturers from dumping their wastes is a challenging task given the extreme secrecy under which these labs operate. Effective legislation and tougher penalties for the 'cooks' may help to reduce the number of illicit labs in operation, but it would also help if young people who buy these drugs were more aware of their impact on others and on the environment."

Marrickville Council sets example on access issues

Disability Discrimination Commissioner, Graeme Innes, has announced a partnership project between the Australian Human Rights Commission and Marrickville Council in NSW designed to improve access to buildings in the council area for people with a disability. "In too many cases, the Australian Human Rights Commission has found that the design and construction of new or renovated buildings do not meet the technical requirements necessary to make them accessible for people with disability, the elderly and other people in our community," said Commissioner Innes.

"This forward-thinking initiative by Marrickville Council means that developers and business people will now have information on hand that will help ensure they incorporate and provide good accessibility in their building developments from inception."

The project involves provision of a free CD, entitled The good, the bad and the ugly, to every person who makes an application to Marrickville Council for an approval to construct or renovate a commercial building. Developed by the Australian Human Rights Commission for designers, builders and owners, the CD explains why it is so important to accurately comply with the technical specifications for access. Aside from written information, it includes photographs that illustrate the application of the specifications and highlight common mistakes. With more than 10,000 copies distributed to people in the building sector, Mr Innes said the CD was already a very popular resource.

"This initiative by Marrickville Council is to be applauded and I urge other Councils throughout Australia to follow their example," Commissioner Innes said. For more information about this partnership with Marrickville Council, as well as ways in which a similar partnership can be initiated with the Commission, see here.