AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION

Legislative program relevant to local government scheduled for introduction

During the Spring Session of Parliament, which commenced this week, the Parliament will be debating a range of legislation relevant to local government. As the bills will have an impact on the operating environment for local government, ALGA is monitoring the legislative program and will be liaising with state associations on developments as they occur. The program will involve important changes that ALGA and state and territory associations need to be aware of and respond to.

The package of carbon tax legislation, which will implement a carbon pricing scheme with the aim of reducing Australia’s greenhouse gas emissions and meeting Australia's international emissions reduction obligations, and provide assistance to households and industry to adjust to a carbon price, is among the legislation to be introduced during the Spring sittings. ALGA is making a submission on the legislation which involves 13 bills in all, ranging from the overarching Clean Energy Bill to technical and regulatory bills. The number and diversity of proposed legislative changes highlight the significance of these reforms and will require considerable diligence to ensure that local government will not be unduly affected by these changes.

Another element of the Government’s clean-energy package, and one local government feels should be utilised to a greater degree, is the Carbon Farming Initiative (CFI). ALGA and the state and territory local government associations have been involved in the development of the CFI, especially as it relates to waste. Information on the CFI is available here.

Other bills to be introduced include the Tax Breaks for Green Buildings Scheme Bill, which will deliver the legislative framework to establish and administer the Tax Breaks for the Green Buildings Program. The program is being developed to support businesses that invest in eligible assets or capital works to improve the energy efficiency of an existing building. For more information about this Bill, please refer to the Tax Breaks for Green Buildings information page on the Department of Climate Change and Energy Efficiency website

The Telecommunications Legislation Amendment (Fibre Deployment) Bill is being introduced to amend legislation introduced last year and sets out the responsibilities of providers of last resort in broadacre and infill developments. The legislation has passed the House of Representatives but is still to pass the Senate.

In addition to the legislation formally before Parliament, proposed legislation to amend the Telecommunications (Low-Impact Facilities) Determination Act 1997 has been released for public comment by 7 September 2011.

Public comment is also being sought on the Mobile Phone Base Station Deployment Industry Code (DR C564:2011), which seeks to improve methods of communication with local councils and the community. Public comment closes on 9 September.

ALGA has consulted with state and territory associations on the carbon tax legislation and the telecommunications amendments and will be making submissions on issues. Submissions will be posted on our website. We encourage state associations and councils to ensure that they make their views known on issues that will affect their operation.

Assessing report into retail industry

A recently released draft report from the Productivity Commission into the Australian Retail industry - Economic Structure and Performance of the Australian Retail Industry - suggests that a range of regulatory reforms are needed if the Australian retail industry is to adapt to global competition.

The draft report acknowledges that intensified competition as a result of the internet has generated significant challenges for the Australian retail market. It argues that while it should not be the Government’s role to shield the industry from competition, the Government could act to remove constraints that may reduce competitiveness and productivity in the sector, highlighting several state and local government regulations as areas that could benefit from reform.

The Productivity Commission argues that local governments should significantly reduce prescriptive planning requirements to facilitate new retail formats locating in existing employment zones and ensure that competition is not needlessly restricted. In addition to planning and zoning concerns, the Productivity Commission also notes that the current planning systems are being ‘gamed’ by those seeking to limit competition and consumer choice.

ALGA President, Mayor Genia McCaffery has acknowledged both the importance of retailing and small business to the Australian economy and to enhancing the liveability of local communities around the nation. "Both local shopping strips and stand alone centres are fundamental to delivering shopping, services, entertainment and employment opportunities for millions of residents around the country," Mayor McCaffery said.

While fully appreciating the immense pressure on retailers from both national and international competitive forces, Mayor McCaffery refuted on ABC radio last week the view that councils are either unsympathetic to the plight of the sector or that local planning is inflexible in dealing with the challenges of meeting the retail and commercial needs of operators and consumers: "Planning is by its very nature difficult and complex. It seeks to manage a lot of competing interests and is not only about getting the economics right."

The Commission is now inviting formal submissions from all interested parties. The closing date for written submissions is 2 September, 2011.

ALGA assesses effects of disability reforms

The release last Thursday of the Productivity Commission's Disability Care and Support report was met with a lot of media attention. As local government will be affected by some of the recommendations, it is important that councils are aware of the impacts and ALGA's position.

ALGA supports the National Disability Insurance Scheme (NDIS) as a great step for disabled care in this country. ALGA also supports the National Injury Insurance Scheme (NIIS) in principle but it strongly opposes the use of rates as a funding source for the scheme. ALGA considers this both an administrative nightmare for local government and a considerable risk to the financial viability of many councils, which are already under extreme financial pressure.

ALGA will continue to work with the Commonwealth to stress that any proposal to fund the NIIS out of rates is inappropriate and does not take into account local government's long history of support and care for the disabled in our community. However, as the report states that a lot of responsibility will fall to the states to determine if and how they use rates, state associations need to be ready to put their cases to their respective state governments.

President’s column

From the President

ALGA has welcomed the announcement of the membership of the independent Expert Panel that will progress the recognition of local government in the Australian Constitution. The Federal Government has named an 18-person Panel to be chaired by former NSW Supreme Court Justice James Spigelman and including four Parliamentarians representing the Australian Labor Party, the Australian Greens, the Liberal Party of Australia and the Independents. Two members of ALGA will also be on the Panel, including myself, as President, and LGAQ President, Paul Bell. The Panel also includes a range of other local government experts and councillors, both past and present. These include former Lord Mayor of Brisbane Jim Soorley; former Lord Mayor of Sydney, Lucy Turnbull; and the Right Honourable Lord Mayor of Perth, Lisa Scaffidi.

The role of the Expert Panel is to consult with stakeholder groups and the public about their views on recognising local government in the Constitution. This approach will be assisted by the considerable work that has already been carried out by ALGA since 2007, which has included a comprehensive assessment of options for reform, broad consultation with local government and research on community attitudes and understanding of local government and the Constitution. I expect advice to be presented shortly by the Panel about the timing and mechanism for public consultation.

There is no doubt that local government plays a vitally important role in the day-to-day lives of our communities but what many Australians do not realise is that local government is the only level of government not recognised in the Australian Constitution. Including local government in the Australian Constitution will help to protect the local services that we take for granted and ensure that councils have the funding security to provide the level of services that local communities need and deserve.

As part of the work already undertaken by ALGA, all councils have been asked to pass resolutions in support of ALGA’s proposal for a simple change to the constitution to allow direct Commonwealth funding. These efforts in encouraging councils to pass resolutions in support of constitutional recognition have been overwhelmingly successful, with almost 400 councils across Australia having passed resolutions.

The Expert Panel on Constitutional recognition of local government is due to report back to the Federal Government by the end of the year and its report will help to shape the referendum proposal to be put by the Government. This is a great opportunity for local government to play a role in determining the referendum question and I urge councils to participate in this process.

Mayor Genia McCaffery
ALGA President

Briefs

Campaign launched to promote work of councils

The Local Government Association of Queensland (LGAQ) has launched a campaign to promote the work local councils do for their communities.

The campaign was launched by a television advertisement that recently aired throughout Queensland.

LGAQ President Paul Bell said the campaign would let Queenslanders know about the value local councils - and the people who work for them - bring to the state.

"Like the ad says, local councils are the fabric that keeps communities together," Cr Bell said.

The campaign comes as Australia moves closer to a referendum on recognising local government in the Constitution.

Click here to view the commercial.

Comment sought on stronger standards for payphones

Public comment is being sought on draft regulations that will ensure Telstra meets its universal service obligation to make payphones reasonably accessible.

The draft regulations propose:

clear requirements for the locations of payphones;
timeframes Telstra must meet when payphones require repairs;
criteria that must be applied before Telstra removes a payphone, with rights of review by the Australian Communications and Media Authority (ACMA);
new requirements for Telstra to consult the public when it installs or removes a payphone; and
rights for people to make complaints about a proposed payphone installation or removal.

Telstra's payphone obligations will be enforced by the ACMA under the infringement notice regime the Government introduced last year. The maximum penalty that may apply could be as high as around $2 million (18,000 penalty units). The Government will set the actual amount following a period of public consultation which will commence shortly.

The exposure drafts of the new payphones regulations and a discussion paper are available here.

Submissions close at 5pm AEST on Wednesday, 15 September. Submissions should be made in writing to:

The Manager
Universal Access Section
Networks Regulation Branch
Department of Broadband, Communications and the Digital Economy
GPO Box 2154
CANBERRA ACT 2601

Or via email to consumersafeguardsreform@dbcde.gov.au

Further information about reform initiatives and safeguards is available here.

Road deaths lowest on record

Deaths on Australian roads have fallen by nearly a quarter in five years and the number of young people killed in crashes has almost halved according to the latest statistics from the Bureau of Infrastructure, Transport and Regional Economics (BITRE).

Per capita deaths were now the lowest on record with 5.78 annual deaths per 100,000 people in the 12 months to July 2011.

Parliamentary Secretary for Infrastructure and Transport, Catherine King, said while the figures were encouraging, governments and drivers could still do more to save lives and reduce crashes on the nation's roads.

"Despite this progress, 1,291 people were killed on our roads over the past year and around 32,000 people were hospitalised as a result of crashes," Ms King said.

"Even one death on our roads is one too many and the Australian Government is determined to work closely with the states and territories to achieve further reductions in road deaths and trauma."

2011 Austroads Bridge Conference

The 8^th Austroads Bridge Conference will be held in Sydney from 31 October to 5 November 2011 to showcase and discuss global achievements in the specialist field of bridge engineering.

Hosted by the Roads and Traffic Authority of New South Wales, the Conference includes an impressive list of key note speakers from Germany, America, the UK and Japan. There will be more than 120 presentations in total.

The Conference aims to provide an opportunity to network and exchange engineering information. More than 50 exhibitors will be demonstrating the latest equipment, design and other related material.

For more information or to register, please click here.

Changes to mining exploration permits

Mining exploration over densely populated areas will be banned in Queensland as the government attempts to quell community anxiety about encroaching resources development.

Premier Anna Bligh has moved to "get the balance right" between mining and residential zones, announcing a freeze on the granting of new exploration permits within two kilometres of the boundary of a town with more than 1000 people.

Coal-seam gas exploration would also face further restrictions but existing exploration zones would not be affected.

Ms Bligh's move to retrospectively excise populated zones from mining permits could spark litigation from affected companies holding exploration leases.

Emergency management guides released

Pictorial action guides have been developed for culturally and linguistically diverse communities to help them understand the risks associated with natural hazards that may occur in Australia.

The action guides cover cyclones, earthquakes, floods, heatwaves, lightening and severe storms and have been developed by the Attorney-General's Department. They aim to help individuals and communities build an understanding of what could happen and how best to be prepared to minimise any adverse effects.

It is envisaged that the pictorial guides will be a useful resource for engagement with individuals who speak English as a second language.

The guides are available on the Emergency Management in Australia website, Community Safety Action Guides. For further information, email communities@ag.gov.au.

Local Government Researchers Forum 2011

The Australian Centre of Excellence for Local Government (ACELG) is convening the Second Local Government Researchers Forum to be held on 14 and 15 December 2011. The forum will be held at the University of Technology, Sydney (UTS).

Its broad theme will be 'Local Governance in Transition'. The forum program will reflect and deepen the multifaceted approach of current and proposed ACELG research, with anticipated topics including:

Metropolitan and community governance
Leadership development
Regional collaboration and shared services
Local government finance
Workforce development
Climate change
Rural-remote and Indigenous local government

ACELG seeks a blend of 'academic' research papers and scholarly contributions by practitioners. Accepted papers will appear in electronic forum proceedings and will be made available in the ACELG digital library. Selected papers will also be published as part of ACELG's Working Papers series and promoted through the Centre's Innovation and Knowledge Exchange Network.

Identifying most liveable communities

Three Western Australian cities have been shortlisted in a United Nations-backed competition to find the most liveable community.

Mandurah, Joondalup and Geraldton beat hundreds of cities from more than 50 countries to be named finalists in their respective population categories of the Livcom Awards.

Joondalup's beach management plan and Serpentine Jarrahdale Shire's 15-year community plan are also in the running for a project award.

The Livcom Awards, initiated in 1997 and endorsed by the United Nations Environment Program, is the only international competition judged on international best practice for managing the environment while improving residents' quality of life by creating "liveable communities".

125 Indigenous students to work in Australian Arts

Up to 125 Indigenous people across Australia will be given the opportunity to work in the Performing Arts Industry in Queensland.

Minister for Indigenous Employment and Economic Development Mark Arbib said the Aboriginal Centre for the Performing Arts (ACPA) Student Transition Project would give participants the skills needed for a career in the performing arts industry.

"The students will complete a Certificate III in Performing Arts with the opportunity to further their studies and complete a Certificate IV and an Associate Diploma and Diploma in Performing Arts," Senator Arbib said.

Senator Arbib said the Australian Government had committed more than $750 000 to the ACPA project to create Indigenous job opportunities in Australia's performing arts industry.

Applications sought

CLGF Pacific, project managers for the New Zealand Aid programme's Honiara City Council Institutional Strengthening project is seeking the services of a local government accounting professional for a 2 month engagement.

The role is to ensure continuing compliance with finance regulations and practices and to assist in the preparation of the Council's 2012 Annual Budget.

In addition to salary, the remuneration package includes return air fares, a Council vehicle, and allowances for accommodation and living expenses.

Details on this position and the application requirements can be found on CLGF Pacific's webpage.

National Tracks and Trails Conference - "the Business of Trails"
Sydney Olympic Park - 31 August - 2 September

Who should attend? The 2011 National Tracks and Trails Conference will provide the opportunity for land managers within local and state government agencies, district rangers, small business operators, community groups and trail developers to learn and share with a broad range of experts in their respective fields. Register before 1 August and get a $55 discount! Hardship support available for regional community members.

Keynote Addresses include DAFYDD DAVIS MBE on the "Whole-of-Landscape Trail Planning - creating destinations, bringing benefits to communities and adding value to public lands", PAM GLUCK (Executive Director American Trails) on "It's all about Partnerships - American Trails vision is to provide a trail opportunity to all Americans within 15 minutes of home or workplace" and MICHAEL HAYNES on the issues of developing policy that delivers cost effective solutions and more sustainable health, transport, environmental, recreation and tourism outcomes to the community.

Whether your business is tourism, recreation, transport or the environment - this conference will deliver something for everyone.

For more info and to register, visit www.tracksandtrails.org.au or call 08 8168 9999.

CPA PROGRAM
Tuition Support

Professional and Foundation Level

ON-LINE and/or FACE to FACE CLASSES

For further information visit
www.pdlacademy.com.au
or call +61-2-66825580

Professional Development and Learning Academy
Registered CPA Tuition Providers

Integrated Urban Water Management 2011

Exclusive to ALGA Local Council Members - Register by Wednesday 31st August and pay only $999.

Integrated water planning aims to achieve more effective approaches to urban water demand management and supply planning. Urban water supplies are under increasing pressure to meet the demands of growing populations in the face of extended drought and a changing climate. To ensure water supply into the future, water planning and management needs to incorporate an integrated approach to urban water systems and alternative water resources and educate communities about water sensitive cities.

Developed through extensive research with Federal, State and Local Governments and Water Boards the Integrated Urban Water Management 2011 will bring together all those working in the planning and management of integrated water cycle systems.

Join us for two focused days and hear from our expert speaker panel, including:

Hon Don Farrell, Senator of Sustainability and Urban Water who will share the governments drive, support and funding initiatives available for Australian water security.
Barry Dennien, CEO, QLD Water Grid who will offer a first hand insight in to the worlds first system to manage, source, treat, store and supply treated water on this scale to overcome the challenges of population growth and climate change.
Dharma Dharmabalan, General Manager of Planning and Infrastructure at Coliban Water who will address the main challenges for establishing plans that combat the increasing pressure of climate variability.

View the full agenda here

We realise that local council budgets are tight; therefore we are offering an exclusive registration price of only $999 to ALGA local council members until the Wednesday 31 August - a saving of $2300 off the standard price!

Don't miss out, register today
To register simply visit our website at www.integrated-watermanagement.com.au or call 02 9229 1000.

Remember to quote ALGA to get your exclusive deal of $999.

Strategic Property Portfolio Management for Government 2011

In order to get the most value from your property portfolio and ensure it is aligned with the goals and strategies of your organisation, it is imperative for property and asset managers to be proactive in forward planning for the potential impact changes in government policy and business restructures have on the management of your portfolio.

Strategic Property Portfolio Management for Government will bring together expert property managers to offer insight into best practice and strategic advice for overcoming the major challenges which impact the management of your portfolio.

The conference includes key presentations from:

The Department of Planning and Infrastructure
The Renewable Energy Efficiency Division
Defense Housing Australia
Parramatta City Council
AUSPOST
AUSGRID
Investa Property Group

View the full agenda here

Would you like a sneak peek of the international presentation? Peter Bollmann, Director of Housing and Property from New Zealand Defense Force shares his perspective on how to get the most value from your property portfolio. Click here to download the interview.

This is your opportunity to meet and network with heads of property management and development and implement key strategies into the management of your portfolio. For more information call 02 9229 1000, email enquire@iqpc.cpm.au, or visit the website www.property-portfoliomgt.com.au