The independents and local government

This week saw a new development in federal politics, with the Australian ALP and the Australian Greens signing a formal agreement setting out a series of commitments that the ALP will honour, should it form the minority government. The commitments were sought by the Greens and include a commitment to hold referenda during the next Parliament or at the next election, including on the recognition of local government.

This was backed by Independent Andrew Wilkie who has also committed to support a Gillard Government. These undertakings mean that the ALP effectively has 74 seats in the chamber of the House of Representatives, with the Coalition holding 73 seats if the Western Australian National MP, Tony Crook, is counted amongst them.

As neither party has enough seats to govern in its own right (which would require 76 seats), the election outcome depends on the non-affiliated cross bench MPs as they will hold the balance of power in the next Parliament. For this reason, last week's edition of ALGA News profiled three of the independent MPs who hail from the eastern seaboard - Bob Katter, Tony Windsor and Robert Oakeshott. Because the Western Australian Nationals MP, Tony Crook, has indicated that he will make a decision by the end of this week as to whether to side with the Coalition or sit on the cross-benches, this edition of ALGA News now focuses attention on the western side of Australia.

It would seem that it's a case of 'third time lucky' for the newly elected member for the Federal sear of O'Connor, WA. Tony Crook has previously contested a Senate seat at the 2007 Federal Election as a WA Nationals, and at the 2008 WA election, he stood for the seat of Kalgoorlie, which he lost to the independent John Bowler.

Tony Crook's 2010 Federal Election campaign took up much of the WA Nationals policy to achieve a 'fairer share' for WA and 'reverse the rip off'. Two days before polling day, he stated: "If I win the balance of power The Nationals plan will guarantee regional WA gets a fair share of this infrastructure spending." He said his first act in Federal Parliament would be to introduce a Private Member's Bill calling for 100 per cent of WA's GST revenue to be returned to the State.

This theme ran through his 2010 Federal Election campaign, during which he specifically called on the Commonwealth to match the WA Royalties for Regions, dollar for dollar, saying that this would help build much needed regional infrastructure in WA. He advocated the creation through Commonwealth investment in road and rail infrastructure of regional transport hubs in his electorate, particularly in Kalgoorlie-Boulder, and also said that there is a need for renewable energy hubs particularly in Albany.

Some of the issues he campaigned on during the election provide some indication of his views on local government. For example, he expressed concern for the condition of roads in his electorate, especially Albany. On 17 August 2010, he said many roads in the Albany region required urgent investment to ensure they were safe for use, explaining that 'the Chester Pass Road has been an issue in Albany for years, with businesses and individuals repeatedly calling on the Government to fix this road". He said 'we see the Federal Government sinking $160 million into a ring road in Townsville, in the marginal seat of Herbert and $68 million for the Bega bypass in the swing seat of Eden-Monaro, but Albany can't get a cent.'

Tony Crook would also appear to support more investment by the Commonwealth in the Regional and Local Community Infrastructure Program. He expressed dismay on 24 July 2010 that an application by the City of Esperance to the Regional and Local Community Infrastructure Program to improve Esperance foreshore, was rejected, saying that WA's share of the Program's Strategic Projects was less than 11 per cent of the total pool available, and that WA was being used as a funding pool for the Commonwealth to support similar projects in the eastern states. The media has reported this week that Mr Crook wants more money for regional West Australian infrastructure projects before he agrees to sit with the Coalition in Parliament and that he has told Tony Abbott that he seeks a 'fairer' share of the GST funding for WA.

Next week, ALGA News will profile Andrew Wilkie, the newly elected independent MP for the Tasmanian seat of Denison.

Inquiry into planning, zoning and development assessments

ALGA lodged its submission to the Productivity Commission's Inquiry into Performance Benchmarking of Australian Business Regulation: Planning, Zoning and Development Assessments this week, ahead of the 31 August closing date. A copy is now accessible from the Productivity Commission's website.

In its submission ALGA argues that whilst local government plays an important role in planning, it does so within the legislative directions given to it by the state. In addition to this fact, given the range of issues contemporary planning needs to consider it is not surprising that planning in Australia is such a highly political, complex and misunderstood public policy activity.

Unfortunately both planning and the perceived role of local government in this area have suffered from the criticism that many of the structural problems facing our urban and natural environments are somehow associated with poor planning processes and the political interference by some elected officials at the local government level. The cost of groceries and residential housing are two areas that have generated significant discussion in recent times.

ALGA does not accept these assertions and its submission highlights the important role played by local governments in all phases of the planning process - regional/strategic planning, community engagement, development assessment, planning enforcement and integrated planning systems. Furthermore it argues that local planning contributes significant social, economic and environmental benefits for Australia's diverse communities and that any future benchmarking exercise should ultimately consider the desired outcomes and not only the components that make up the process.

ALGA's submission responds to many of the questions raised in the Productivity Commission's Issues Paper and also comments on the volume of work that has taken place at the national level relating to planning, affordable housing and business regulation more generally.

ALGA, as a member of the PC Advisory Panel will be commenting on a working draft later this year. In the interim, ALGA looks forward to reviewing the submissions that have been formally lodged, in particularly those from its member associations and individual councils.

Heart Foundation local government awards

The Heart Foundation Local Government Award winners were announced in Mackay on Monday. The awards recognise and showcase local governments working to improve heart health through building a sense of community, encouraging people to be physically active, be smoke-free and make healthy food choices. The Overall Winner was Mackay Regional Council for its Bluewater Trail (pictured) which also won the Planning for Active Living Category Winner.

Other winners were: Yarra City Council (Vic) for its Employee Health and Wellbeing program; the Hills Shire Council (NSW) for the All Accessible Playground; the City of Casey (Vic) for Casey RACE, a recreation and aquatic facility; Kogarah City Council (NSW) for its Say No to Trans Fats initiative; Central Desert Shire (NT) for the Softball Tournament for Indigenous Women; and the City of Marion (SA) for its Rajah Street Reserve Project. For more information on winners click here.

This week we have seen significant political manoeuvring but it is still not clear which side of politics will rule the nation.

There have been some positive developments for local government. Rural and regional infrastructure is firmly on the agenda of both major parties and ALGA is continuing to advocate for a community infrastructure program rather than ad-hoc promises.

It was also pleasing that constitutional inclusion of local government emerged as part of the agreement signed by Labor and the Greens on Wednesday morning. The formal agreement signed by Julia Gillard, Wayne Swan, Bob Brown, Christine Milne and Adam Bandt commits to a referendum being held in this parliamentary term to include local government in the Australian Constitution.

The formal agreement included the following commitment:

Hold referenda during the 43^rd Parliament or at the next election on Indigenous constitutional recognition and recognition of local government in the Constitution.

This is great news for councils, local communities and for improved cooperation between the three levels of government. Should the Opposition ultimately form government, we hope it will match this commitment too and continue the bipartisan spirit we have received so far to this point. The Shadow Attorney-General has previously made clear this is also a priority for the Opposition so we are confident that it will also pursue this course should it form the next government.

The inclusion of local government in the Constitution is all about stable government. It is about removing the current uncertainty stemming from last year's High Court decision in Pape which has cast serious doubt on the power of the Commonwealth to continue to provide funds directly to local government.

This is the sort of practical change to the Constitution that makes sense and which is likely to be supported by Australians who are otherwise reluctant to tamper with a Constitution that has stood the test of time. Ratepayers should be protected from the threat of having to bail out their local council should a constitutional challenge of local funding prove successful and affect future funding. They would also face the prospect of having to pay back all of the money previously received by their council directly from the Commonwealth.

We have never been in a better position to mount a 'yes' case for constitutional recognition of local government. The success of a campaign depends on political support and selling the benefits to our communities. ALGA will continue working with the state local government associations and all councils to achieve this goal.

Cr Geoff Lake
ALGA President

Briefs

Help us build the case for more transport funding

Do not miss ALGA's National Local Roads and Transport Congress to be held in Bunbury, WA, from 13-15 October, immediately following the WA Roads Forum. We have extended early bird registration by a week, until 8 September, to give councils in the eastern states some extra time to register at considerable savings. Show your support to your colleagues in the west who regularly travel over to the eastern seaboard. Be sure you do not miss out on this important post-election Congress by registering here.

The results of the federal election will see the new key players, the independents, more focussed on issues in remote, regional and rural Australia. We have extended an invitation to Bob Katter, Tony Winston and Rob Oakeshott to address delegates at the Roads Congress. A 10 year needs study, commissioned by ALGA, will be released at the Congress and will assist in providing the evidence base to argue our funding needs. The Congress will also feature key roads and transport stakeholders and representatives from the major political parties to speak on transport infrastructure priorities.

A unique component of this years Congress is the Worst Road and Bridge competition. The purpose of this competition is to gather evidence to demonstrate the state of transport infrastructure in remote, rural and regional Australian communities. We are asking councils to provide photographs of their worst roads and bridges and we need as many photos as possible to be sent to andy.hrast@alga.asn.au.

ALGA advocates for healthy infrastructure

On Monday, ALGA's Chief Executive Adrian Beresford-Wylie delivered a speech on 'Local Infrastructure in a Federal System' at the National Rural Health Alliance Public Seminar. Mr Beresford-Wylie emphasised the links between local infrastructure and health and the benefits of cycle paths, swimming pools, walking tracks and sporting facilities for communities, recently funded under the Regional and Local Community Infrastructure Program. He mentioned the success of collaborations between ALGA and other organisations - in particular, the 2004 'Good Health to Rural Communities' booklet with the National Rural Health Alliance and other partners which led to the establishment of the National Rural and Remote Health Infrastructure Program (NRRHIP). More recently, ALGA has worked with the Planning Institute and the Heart Foundation on the Healthy Spaces and Places initiative. Local government is playing a growing role in the delivery of human services with a direct spend on health of $300 million annually. Activities include health promotion and immunisation, environment health and food inspection, Home and Community Care in Victoria; direct involvement in GP services and COAG health reforms with their focus on regional boards and preventative health programs.

Road user charges

Queensland local governments have called for a total review of the way federal and state governments allocate revenue collected from road users through fuel levies, registration costs and other charges.

"This is the number one issue facing road users and local governments across Australia," the president of the Local Government Association of Queensland, Cr Paul Bell, said on Wednesday at the LGAQ annual conference in Mackay. "The Henry Review squibbed it when we asked for a review, talking instead about congestion taxes," Cr Bell said. "But we don't want new taxes, like congestion charges. We want more off the charges and registration costs already levied on road users to go into a pool to be returned to local governments who have the responsibility for the majority of the roads in this country."

Stern warning on climate change

The author of the Stern Report on climate change, Lord Nicholas Stern, urged Australia to be a part of the 'green race' or to be left behind, in an address at the National Press Club this week.

He said big and radical change was needed and with Australia's advantages in the areas of solar, biofuels, skills in high-tech and our natural resources, there was much we could do. To cut emissions dramatically we needed to focus on technology such as carbon capture and storage, energy efficiency, address deforestation and introduce a price for carbon to remove 'the biggest market failure we have seen.' Political will was crucial to success and Lord Stern emphasised the importance of adaptation and mitigation measures using Mexico as an example of what could be achieved through climate change action, with the strong role played by the private sector and the value placed on smaller international group discussions. ALGA's '10-Point Plan' launched prior to the election calls on political parties to engage local government as a vital partner in planning for, mitigating, and adapting to the effects of climate change on local communities and proposes a five year adaptation program for local councils among other measures. More details here.

Emergency management courses - free for council employees

Please find following a list of the upcoming courses being conducted at the Australian Emergency Management Institute (AEMI). Register now places expected to fill fast. Emergency service employees and volunteers and public servants with a role in emergency or risk management can attend free of charge.

• Undertake Emergency Planning      5-7 October
• Business Continuity Management      11-13 October
• Organisational Resilience Master Class      14-15 October
• Exercise Management      18-21 October
• Facilitate Emergency Risk Management      25-28 October
• Emergency Management for Local Government      9-11 November
• Manage Recovery Functions and Services      9-11 November

AEMI would particularly like to draw your attention to the Organisational Resilience Master Class which offers a unique opportunity to be exposed to leading thinkers in the field of organisational resilience and crisis management. Presenters include several international organisational resilience, risk and crisis management experts who will be in Australia for the World Conference on Disaster Management in Sydney on 11-12 October.

More information on all these programs can be found here or by emailing aemi@ag.gov.au

National report: native title September 2010 released

The Tribunal's bi-annual report on the status of native title in Australia, National report: native title, has been released. The report outlines progress of native title claims during the period 1 January - 30 June 2010.

Telecommunications planning framework

NSW has been labelled as having the best planning framework in Australia for telecommunications, following the publication of a new guideline.

The NSW Telecommunications Facilities guideline and related statutory planning policy changes support the rollout of broadband, particularly in rural areas. At the same time, the amendments ensure community safety and protection of the local environment and amenity.

The Mobile Carriers Forum has described the changes as "Australia's leading framework for the deployment of advanced telecommunications infrastructure." The new measures were finalised and adopted in July 2010. They support all new telecommunications facilities in New South Wales being consistent with a set of principles covering issues such as site selection, design, construction and operation. For more information on the National Broadband Network in New South Wales click here.

Date for 2011 NGA

The ALGA Board has agreed on the date for the National General Assembly next year - 19-22 June 2011 in Canberra.

Vote for World Mayor 2010

The Brisbane Lord Mayor, Campbell Newman, is a Finalist in the World Mayor Prize for 2010 among the 25 mayors shortlisted. You are invited to vote, from the list of finalists below, for the mayor you believe most worthy of the title World Mayor 2010 and comment on his/her achievements. To cast your vote click here.

Sea level rise planning guideline for NSW councils

The NSW Government has released a landmark guideline which helps councils and State agencies consider the impacts of sea level rise when planning for the NSW coast's expected 600,000 new residents by 2036. The NSW Coastal Planning Guideline: Adapting to Sea Level Rise covers the State's 1,500km coastline. The guideline has already been welcomed by the Australian Coastal Society and a number of local councils and is available here.

Free arts forum

A 'Maximising Arts and Cultural Committees' forum will be held on 13 September 2010, 9.30am - 12.30pm, at the Committee Room, Woollahra Council Chambers, 536 New South Head Road Double Bay. Discussion will centre on how advisory committees can work more meaningfully for local government in terms of influencing community and partnership establishment. The forum is organised by Woollahra Municipal, together with Randwick City and Waverley Councils. The forum is free of charge. RSVP & info: Jo Jansyn 9391 7135, or jojansyn@woollahra.nsw.gov.au

Rethink on development contributions

The Local Government and Shires Associations of NSW are relieved with the State Government's decision to change its proposed new policy on development contributions, but say it must continue to help councils that still face major funding shortfalls.

The changes mean an increase in the development contributions cap for new land release areas from $20,000 to $30,000, and allow all councils with contributions below the cap to levy for general community infrastructure.

It also means that hundreds of existing plans that sit below the cap will not have to be reviewed, or be subjected to a very narrow definition of infrastructure that would have resulted in widespread cuts in funding for basic facilities.

Passport for portable volunteers

The Local Government Association of South Australia has come up with an initiative to reduce barriers to volunteer movement across Council boundaries. LGA Executive Director, Wendy Campana, said the Local Government Passport System is a web-based software system for the registration and management of volunteers across the Local Government sector, with particular emphasis on volunteers undertaking emergency recovery support.

"There are around 10,000 volunteers registered with South Australia's 68 councils but until now there has been no central database," Ms Campana said. "Because of occupational health and safety and insurance purposes it is important that volunteers are registered and inducted. Under the new passport system, while volunteers would still have to register with each Council, their details would already be in the system and the process will be streamlined."

The great rickshaw ride

Seven weeks ago a team of riders and a Bangladeshi rickshaw set off from Eumundi, Queensland on a 2000km journey to Tasmania. Hundreds of people have now ridden the rickshaw as part of the Great Aussie Rickshaw Ride to help raise awareness of global poverty and the UN's Millennium Development Goals.

Riders include mayors and politicians like federal member for Lyne, Rob Oakeshott, one of the three independent members of parliament who may decide who forms the next government. They have been joined by sporting stars from the Wallabies, Queensland Reds and Sydney Kings, media personalities and hundreds of everyday Australians who have welcomed the rickshaw to civic centres, schools, shopping centres and a variety of other venues. Even Dreamworld on the Gold Coast offered rickshaw rides to their guests.

The event is by aid organisation Symbiosis International which is helping thousands of people in Bangladesh overcome poverty. The rickshaw - complete with a support team featuring Bangladeshi development workers - is still to visit Wagga, Wodonga, Wangaratta, Benalla, Melbourne, Devonport and Deloraine as well as some smaller towns in between, before arriving in Evandale on 19th September. More information can be found at the website. The Great Aussie Rickshaw Ride is supported by the Australian Government through AusAID.

Criminology research paper

The Australian Institute of Criminology has released the following publication:
Police-referred restorative justice for juveniles in Australia. This preliminary paper provides an overview of the legislative and policy context of restorative justice measures for juveniles in each Australian state and territory, highlighting the diverse characteristics of current restorative practices. Further, it provides an indication of the numbers and characteristics of juveniles who are referred by police to restorative justice measures and the offence types for which they are most commonly referred.

Bushfires funding support for councils welcomed

The Municipal Association of Victoria (MAV) has welcomed a $38 million partnership support package announced by the Premier as part of the Government's $867.3 million response to the Bushfires Royal Commission final report recommendations.

Mr Rob Spence, MAV CEO said that local government had overwhelmingly agreed it has a key role to play in local emergency management planning, but needed adequate funding support to fulfil its responsibilities. Mr Spence said the funding would go a long way towards boosting councils' capacity to work closely with the CFA and other agencies to improve local emergency planning and safety options for communities. He said that with Parliament next week expected to pass amendments to the Electricity Safety Act requiring councils to identify hazard trees near electrical lines, the MAV was also keen to urgently clarify details such as definitions, liability, transition processes, resourcing, and the development of template plans and procedures.

"While the MAV supports a progressive property-based fire services funding model, it must be fair and equitable, and should be collected by the State Revenue Office not through council rates notices," he said. "Councils did not support a land buyback scheme, but do want to see prevention of new dwellings in unacceptable risk areas, in tandem with investment in treatment options such as shelters, personal bunkers, vegetation clearance and localised fire plans for established high risk communities. The MAV now calls on the State to urgently consult local government on the development of an action plan and immediate implementation priorities, and to establish joint working groups to ensure effective delivery."

The Victorian government has rejected the Bushfires Royal Commission's call to buy back properties in high fire risk areas. Premier John Brumby said this was the only recommendation of the royal commission that would not be considered, as he committed more than $867 million in sweeping reforms ahead of this year's bushfire season.

Local government EMS awards

The Environmental Management Systems Association (EMSA) will be presenting a 2010 Government Award for 'Excellence in EMS' at the forthcoming 2010 National Conference, Geelong Campus, Deakin University in October.

The purpose of the Excellence in EMS Awards is to reward and recognise businesses and governments that have adopted sustainable management practices by successfully implementing an environmental management system (EMS). Additionally, the Awards serve to inspire people through the shared experience of innovative approaches to EMS in Australia.

In 2009 the Government Award was won by the City of Cambridge Council in Western Australia, which highlighted the environmental management achievements for its council managed Wembley Golf Complex. The reasons the Wembley Golf Complex started down the EMS path is that golf courses are often viewed as high water, pesticide and fertiliser users, and impact heavily on the local area. By using an EMS based on the ISO 14001 standard helped dispel this view, and demonstrated that the course is employing industry best practices.

If your council has successfully implemented either a corporate-based EMS or site-based EMS, you may wish to consider entering the Government category of the 2010 Excellence in EMS Awards. Entry forms are available here and close 10 September 2010.

Australian Emergency Management Institute

Recently, the inaugural meeting of the Australian Emergency Management Institute (AEMI) Board was held at Mount Macedon in Victoria. The AEMI Board, which is chaired by Deputy Secretary Miles Jordana, will set the strategic direction of AEMI to ensure the Institute supports national capability development and community resilience, consistent with the broader national security policies of the Government.

The inaugural meeting comprised nominees from the Department of the Prime Minister and Cabinet, the Attorney-General's Department's National Security Capability Development Division, the National Security Resilience Policy Division.

The Board's discussions focused on implementing the vision statement announced by the Secretary in December 2009, which will see AEMI become a centre of excellence for knowledge and skills development in the national Emergency Management sector. For more details on AEMI and the programs offered, visit the AEMI page.

2011 Broadband Awards

ATUG is encouraging users of broadband from business - small and large, government and community to tell their story of the benefits broadband has brought to business and everyday life. The winners of the Broadband Awards for 2011 will be announced at ATUG's 2011 Gala Awards Networking Function in March 2011. Details here.

Wanted: Host cities for international awards

The LivCom Awards is seeking Host Cities for the years 2012 onwards. The Awards regularly attract approximately 250 representatives from communities around the world. The Awards take place over five days during October/November and will bring international publicity to the Host City. For further details please contact the LivCom Awards at info@livcomawards.com. LivCom is endorsed by the United Nations Environment Programme (UNEP), with which it shares a Memorandum of Understanding. LivCom is the only global event concerned with the promotion of International Best Practice relating to the management of the local environment. Access all details of the LivCom Awards here.

Number of dwelling units approved rises

ABS Building Approvals show that the total number of dwellings approved rose in July 2010 following falls in the previous three months in seasonally adjusted terms.

According to the ABS, New South Wales (9.7%), Victoria (12.1%), South Australia (8.3%) and Tasmania (4.4%) recorded more dwelling approvals this month, while Queensland (-18.3%) and Western Australia (-4.9%) recorded less dwelling approvals in seasonally adjusted terms.

Private sector houses approved fell 0.1% due to falls in New South Wales (-5.3%) and Western Australia (-14.4%). Victoria (6.9%), Queensland (3.2%) and South Australia (4.8%) all rose.

The value of total building approved fell -1.3% in July in seasonally adjusted terms. The value of total residential building rose by 6.6% while non-residential building fell by 15.8%.

Further information is available in Building Approvals, Australia (cat no. 8731.0) on the ABS website.

Study information evening

RMIT University has a free Postgraduate Information Evening on Wednesday 29 September at 6pm at the State Library of Victoria to explore studying for a Graduate Diploma in Applied Human Rights. The study will provide an opportunity to look at what it means to build a culture and practice of human rights within your workplace or community and is designed for government, advocacy or the not-for-profit and business sectors. To register visit www.rmit.edu.au/postgrad or phone 03 99250208