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The Expert Panel on Constitutional Recognition of Local Government released its Discussion Paper on 22 September for public comment by 4 November. ALGA will be making a submission on the Discussion Paper, as will state and territory local government associations.

The Expert Panel has been asked by the Government to assess whether there is sufficient public support to recognise local government in the Constitution and to provide recommendations on options for changing the Constitution.

The Discussion paper seeks to gauge public support for recognition in general and for one or more of four specific options for change. The options include:

  • Symbolic recognition of local government by including it in a new Preamble or Statement of Values;
  • Financial recognition of local government, which would allow the Commonwealth to directly fund local government;
  • Democratic recognition of local government, which would require states to establish and maintain local government; and
  • Recognition through federal cooperation, which would seek to encourage cooperation between the levels of government, including local government.

ALGA's submission will emphasise its preference for financial recognition of local government and outline the comprehensive process undertaken by ALGA in reaching that view, including its assessment of broad public support and support by councils.

There is overwhelming support for the financial recognition option among local government, with 77 per cent of councils nationally passing resolutions supporting financial recognition of local government in the Australian Constitution. This percentage represents 432 councils across Australia.

ALGA's submission will highlight the strong support which clearly exists for ensuring that the Commonwealth can continue to fund local government directly by removing any doubts about the constitutional validity of such funding. The Commonwealth already directly funds local government for the Roads to Recovery program and the Regional and Local Community Infrastructure Fund.

The ALGA President, Mayor Genia McCaffery, has written to all councils urging them to take the opportunity to also make a submission. (To find out more about this approach, read ahead to the President's Column).

The Expert Panel will hold its first public consultation meeting on the constitutional recognition of local government in Dubbo on Friday, 30 September.

To support the labour needs of the resource sector, the Federal Government will appoint new Fly-In, Fly-Out (FIFO) Co-ordinators in four additional regions, following the establishment of a coordinator in Cairns.

The Minister for Skills and Jobs, Senator Chris Evans making the announcement in Canberra said: "FIFO coordinators will develop links between mining, construction and infrastructure projects in remote locations and skilled workers in order to capitalise on the fly-in, fly-out job opportunities in our growing resources and infrastructure industries."

FIFO coordinators assist in managing fly-in fly-out job opportunities in the resources and infrastructure industries by developing links between projects in remote locations and skilled workers in regions experiencing high unemployment.

The Government will be consulting with state jurisdictions and industry on the priority locations for the additional places in this program.

Coordinators will have responsibility for establishing training and employment pathways, not only for skilled workers, but also for unemployed job seekers looking to work in the industry, as well as linking mining companies with airline and airport services to facilitate FIFO workers. Coordinators will also work with local Job Services Australia providers, training organisations and employers operating in remote parts of Australia to ensure job seekers have the skills they need to work in FIFO arrangements.

The project was one of the recommendations of the National Resource Sector Workforce Strategy launched in March this year and would be shared between industry and State and Commonwealth Governments.

"The FIFO coordinators program is part of the Government's effort to keep pace with the demand for skilled workers, and help communities undergoing structural change," Senator Evans said.

The Federal Government has also established the Resources Advisory Council to develop a multi-faceted approach to the challenge of productivity, skills and labour supply. The Resources Advisory Council will include key business, employers and unions from the resources industry, representing the common interest and shared responsibility in initiatives and strategies to ensure sustained growth in the resources sector.

In less than two months, ALGA will be hosting the 2011 National Local Roads and Transport Congress in Mount Gambier from 16-18 November. Planning is well underway, with more than 20 speakers confirmed for the event.

Speakers from both sides of politics and the Independents have shown a strong interest in addressing the Congress, despite President Barack Obama's visit to Australia at that time.

The theme of the Congress - "Better Roads are Safer Roads" - will be addressed by road safety experts and academics, as well as police and engineers, who deal with road safety issues on a day to day basis. Commonwealth officials will also be presenting on the management of the Roads to Recovery Program.

The "Better Roads are Safer Roads" theme will carry over to the launch of the Roads to Recovery renewal campaign, with the Congress marking the official start to the local government’s campaign to have the Roads to Recovery Program made permanent and the level of funding increased to help address an estimated shortfall of $1.2 billion on local roads.

ALGA is encouraging as many local government representatives as possible to attend the event to ensure that local government sends a strong message to the Federal Government about the importance of the Roads to Recovery Program to local communities. All delegates attending will be directly involved in the launch of the campaign.

The launch will include the release of material developed for use in that campaign, which will be made available to all councils in order for them to assist in supporting the local government campaign.

Registration details are available on the ALGA website.

President's column

This week, I wrote to every council to encourage them to make a submission on the Discussion Paper issued by the Expert Panel on the Constitutional Recognition of Local Government.

The Expert Panel was formed last month by the Australian Government to look into the level of support for constitutional recognition of local government and to identify possible forms that recognition could take. The Expert Panel is chaired by the former Chief Justice of New South Wales, the Hon Jim Spigelman and comprises parliamentary, academic and local government representatives, including myself and Local Government Association of Queensland President, Cr Paul Bell.

The Discussion Paper, issued yesterday, is the most recent step in the process towards a referendum on the issue of constitutional recognition for local government, scheduled for 2013. The Paper canvasses four possible options for constitutional change to recognise local government and the Panel has sought submissions from interested parties by 4 November 2011. The options for constitutional recognition include symbolic recognition, such as inclusion in a new Preamble; financial recognition of local government, which would allow the Commonwealth to directly fund local government; democratic recognition, which would require states to establish and maintain local government; and recognition through federal cooperation, which would seek to encourage cooperation between the levels of government, including local government.

Constitutional recognition has been a priority of local government for a long time but the issue has advanced significantly in recent years since ALGA began a comprehensive process in 2008 aimed at establishing support in local government for constitutional change. ALGA's preferred option is financial recognition, which was agreed after a long process of consultation with key political stakeholders, market research and expert advice. The research follows the decision in the 2009 High Court case of Pape v Commissioner of Taxation which raised doubts as to the legality of Commonwealth payment directly to local government. The decision presents a compelling reason to include local government in the Constitution. Without constitutional recognition, direct Commonwealth funding of local government, through current programs such as Roads to Recovery may be at risk.

It is important that the Panel gains an understanding of the level of local government support for constitutional recognition, which is why I have encouraged each and every council to make a submission. It is pleasing to note that more than 430 councils across Australia have already passed resolutions supporting a simple change that would remove any doubt about the capacity of the Commonwealth to continue to directly fund local government through programs such as Roads to Recovery, which has delivered millions of dollars for the maintenance and improvement of local roads.

The Panel has been tasked by the Government to assess whether there is sufficient support in the Australian community to recognise local government in the Constitution and to provide recommendations to the Government on specific changes that would be made. This provides councils with a unique opportunity to have their say on what is an extremely important issue for local government and I urge them to get engaged in the process.

Mayor Genia McCaffery
ALGA President

Briefs

ALGA's submission to the Productivity Commission's draft report on airports and related services focuses on three areas dealing with planning, rates and regional airports.

Planning

ALGA has welcomed the intent of the changes in airport master planning required by the Airports Amendment Act 2010 as a significant step forward in recognizing the role airports, both the aviation an non-aviation elements, play in local economies, communities and transport systems.

ALGA agrees with the Productivity Commission that it is too early to evaluate how these arrangements are working in practice and supports the Productivity Commission proposal that they be reviewed in five years.

Rates and developer contributions

ALGA asks in its submission that the Productivity Commission consider recommending that local government has the ability to directly charge rates to non aeronautical developments on airport land and have the ability to directly negotiate for "developer contributions" for upgrading infrastructure surrounding airports where the upgrade is directly the result of non-aviation developments on the airport.

Regional airports

ALGA agrees with the Productivity Commission that councils are likely to be at a relative disadvantage in negotiations with airlines as result of their limited experience and resources and supports the Productivity Commission proposal to develop Regional Aeronautical Pricing Principles that could be used a basis and guide for negotiations.

The full ALGA submission can be found the ALGA website.

The federal environment department is calling for public comment on potential cost recovery mechanisms under national environment law.

Federal environment minister Tony Burke recently announced major reforms of national environment law, and noted that cost recovery options would be further investigated.

The department has now released a consultation paper outlining options for recovering the costs of regulatory activities and reform under the Environment Protection and Biodiversity Conservation Act 1999.

"All submissions received will be considered, to help the government make a fully informed choice on cost recovery options to resource the activities delivered by the legislation," federal environment spokeswoman Vicki Middleton said.

The cost recovery consultation paper will be open for public comment for six weeks until 31 October 2011.

The paper is available here, by emailing epbc.costrecovery@environment.gov.au or by calling 1800 423 135.

The Australian Government is asking for public input in developing a Cyber White Paper to outline how government, industry and the community can work together to address the challenges and risks that arise from greater digital engagement and consider the relationships in the cyber environment between Australia's social well-being, economic prosperity and broader national interests.

To inform the White Paper, the Government will be conducting an extensive consultation process. This commenced last week, with the release of the public discussion paper and will conclude after a two month period.

This discussion paper is a 'conversation starter', designed to allow all Australians to participate in an open discussion on how government, industry and the community can work together to address the challenges and risks arising from greater digital engagement and, in doing so, complement the government's vision for Australia to become a leading digital economy by 2020. The result of this conversation will be the release of Australia's first Cyber White Paper in the first half of 2012.

This discussion paper seeks views on a wide range of issues, including how the Government can assist to minimise cyber risks and maximise social and economic opportunities in the digital economy.

The Cyber White Paper website will enable electronic lodgement of submissions relating to questions in the discussion paper. Written submissions can be forwarded electronically to cyberwhitepaper@pmc.gov.au or via mail to the Department of the Prime Minister and Cabinet, One National Circuit, Barton, 2600, ACT.

The White Paper team will accept written submissions from 14 September to 14 November, after which formal submissions will close.

Should you have any questions regarding the White Paper, please direct them to cyberwhitepaper@pmc.gov.au.

Queensland's flood inquiry has heard that in times of disaster, insurers do not have to meet national standards.

Counsel assisting the Queensland Floods Commission of Inquiry, Peter Callaghan told the session that in times of unprecedented disaster, insurers do not have to meet national standards.

He said they could instead meet their own internal guidelines on how best to deal with the volume of claims being made.

"In times of catastrophe or disaster, and when faced with an unusual number of claims, the code allows that insurers may not be able to meet the standards which would ordinarily apply," he said.

"It requires instead that insurers establish their own internal processes for responding to such situations."

The inquiry was also examining whether planning authorities were doing enough to alleviate the risk of flooding.

Mr Callaghan said development decisions currently require up-to-date flood mapping that is often based on a statistic described as the Q100 - a one-in-100-year flood event.

"These phrases, acronyms, statistics, while convenient, have the capacity to mislead," he told the inquiry.

"There is another way of interpreting such statistics. Namely, over the period of a lifetime, or at least, over a period of 70 years, there is a one-in-two chance that a so-called one-in-100 flood will be experienced."

In line with arguments made by ALGA, the Insurance Australia Group (IAG) wants a substantial increase in government budgets for disaster mitigation, which are miniscule compared to the $6 billion spent on recovery and rebuilding in recent years.

Addressing the trans-Tasman business circle lunch in Melbourne, IAG chief executive Mike Wilkins said mitigation expenditure had averaged just $27 million over the last four years.

"In other words, we've spent 220 times more on the cure than prevention," Mr Wilkins said.

"This is the equivalent of sitting by and doing nothing to educate smokers on the risk of smoking and then simply accepting the huge health bill down the track.

"Clearly, it's an unsustainable allocation of resources."

The good news, Mr Wilkins said, was the Federal Government agreed, and had shown a willingness to review the situation.

The IAG chief's comments come ahead of Natural Disaster Insurance Review chairman John Trowbridge's report to the government, due at the end of this month, on last January's severe floods in Queensland and Victoria.

A new resources package to help small businesses deal with emergencies was launched this week by the Minister for Small Business, Senator Nick Sherry.

The Emergency Management and Recovery Resources package was developed by the Australian Government's small business website, in response to natural disasters in Australia during the past year.

"Natural disasters like cyclones, floods and bushfires are part of the Australian landscape," Senator Sherry said.

"Many businesses are just too busy with the demanding day-to-day task of running a small business to think about planning for unpredictable events. This package helps small businesses prepare for the worst, rather than hope for the best."

"The key feature of the package is a template with an instruction guide that businesses can use to create their own emergency management plan."

"We're not far off our bushfire season and I encourage all small businesses to visit www.business.gov.au and start creating their emergency management plans," Senator Sherry said.

The Emergency management and recovery resources package can be found here.

It takes more than eight times the average annual income to buy an average Sydney home, according to a report by a housing action group.

Australians for Affordable Housing (AAH) - which is made up of 60 community and housing groups - launched the report this week as part of a push to make housing more affordable.

"Australian households are paying more than they can afford for housing, with over 740,000 renters and more than 380,000 mortgaged home owners reporting significant financial stress," spokeswoman Sarah Toohey said.

In Sydney, it takes 8.1 times the average annual income to afford the median house, up from 5.6 times in 2001, according to the report.

The group is concerned that increased prices cause first-time buyers to stay in the rental market for longer, competing for properties and pushing up rental prices.

Since 2005, rents in Australian cities have risen at twice the rate of inflation, according to the report.

The report also found that 50 per cent of low-income home owners are in mortgage stress.

"The NSW housing system is failing too many people. We need the NSW government to commit to working with federal and local governments to solve this crisis."

Garbage trucks could soon be replaced by a network of underground pipes transporting rubbish from inner-Sydney homes to a central collection point.

Sydney City Council is considering the automated system as part of the new draft waste strategy which aims to make Sydney more sustainable by 2030.

The council's sustainability manager, Chris Derksema, says it will make Sydney a more liveable city on top of reducing landfill and greenhouse gas emissions.

"It's a way of getting rid of those noisy, smelly garbage trucks on the streets," he said.

"And especially at those times - they're usually collecting at difficult times, early in the morning and so it reduces the amount of truck movement."

Some 320,000 veterans, partners and war widows and widowers will now receive increased pensions and income support payments.

Minister for Veterans' Affairs, Warren Snowdon said the increase was part of the bi-annual pension indexation process and will help to support veterans and provide extra assistance to those who need it most.

"The indexation reforms introduced by this Government have delivered a fairer pension system for our veteran community and will help them to meet the increasing costs of living," he said.

This increase will affect all DVA pensions, including the Service Pension, War Widow Pension and Disability Pension.

The first full payments under the new rates will take place on 6 October 2011.

A full list is available on the fact sheets section of the DVA website or by calling 133 254 (from metropolitan areas) and 1800 555 254 (from regional areas).

With just a few years to go before Australia commemorates the 100th Anniversary of Anzac Day on 25th April, 2015, a group of Australian ex-Servicemen have been busy planning a travelling exhibition which will feature a portrait of every Victoria Cross recipient from Australia and New Zealand.

The exhibition - "In the Company of Heroes" - is being organised by the Operation Pilgrimage Group and will travel to every Australian state and territory and both islands of New Zealand from 2012 to 2015.

Councils around Australia will be contacted during the next few months and invitations extended for their participation and inclusion on the itinerary.

Operation Pilgrimage's Allan Miles says there has never been a national event of this importance in Australia's short history.

"Councils who have a connection with a Victoria Cross recipient will find this as an excellent opportunity to pay tribute to the many thousands of men and women of our Defence forces who participated in conflicts, as we focus on the highest award for valour," Mr Miles said.

For more information and details for councils wanting to participate or be included in the planning of this major undertaking, please contact:

Allan Miles
Chief Planner
Operation Pilgrimage Group
email: operationpilgrim@hotmail.com

Students from inner regional areas will be able to access independent Youth Allowance under the same rules that apply to students from Outer Regional, Remote and Very Remote areas under legislative changes to be introduced to Parliament next week.

Recognising that students from regional areas also experience higher costs in relocating for the purposes of study, the Australian Government will also increase the value of the Relocation Scholarship for eligible students from regional areas.

A central Victorian green group says it is pleased the local council has decided to fight the State Government's strict new wind farm planning rules.

The Mount Alexander Council voted this week to write to the Victorian Premier to ask him to remove a recent ban placed on wind farms in the east of the shire.

It is hoped any change would allow plans for a small community-owned facility at Sutton Grange to go ahead.

Dean Bridgefoot of the Mount Alexander Sustainability Group says the project is well supported by the community and the government's rules do not acknowledge that.

"It seemed completely contrary to the whole idea or the rhetoric that was coming out from the Planning Minister that this was putting communities in control," Mr Bridgefoot said.

"It was taking control away."

We may live in the lucky country but Australians are in denial about their ever-expanding waistlines and claim to be the unhappiest in the world.

The findings come from an international health survey by health insurer BUPA, which also reveals that Australians are among the world's biggest drinkers, coming in just behind their British cousins.

While one-third of the 1200 Australians surveyed admitted to being too fat, BMI (body mass index) measurements suggest that 60 per cent are actually overweight.

The BMI results put Australia in equal third place with Britain, just behind the US and Saudi Arabia where nearly two-thirds of people are overweight.

While more than half of the Australians surveyed wanted to shift those extra kilograms, 44 per cent spent less than two hours a week working out.

Three-quarters said they drank alcohol - second only to Britain, where 84 per cent enjoyed a tipple - and just over a quarter eat the recommended five serves of fruit and vegetables a day.

As well as battling the bulge, Australians are also struggling with depression.

One-fifth of the Australians surveyed said they suffered from depression, the highest result for any country.

To read more, click here.

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Council funding - the shifting GST goal posts on Appropriations

Since the implementation of GST back in 2000, the treatment of funding has been a headache for all councils as both payers and recipients of funding. Appropriations have been at the forefront in both monetary terms and confusion levels.

Previous ATO attempts to clarify the GST treatment of appropriation funding have been set aside by a recent court case involving the TT-Line. Following this latest spanner in the works, the Tax Office released ruling GSTR 2011/2. Being tied to the Courts interpretation, the new Tax Office ruling outlines the changes councils must be aware of in determining their GST liability.

The upshot of the Full Federal Court decision is that all entities that provide/receive appropriations need to re-assess the way they treat appropriations for GST purposes and in particular need to investigate the source of their funding. With the onus squarely on the funding recipient to determine the correct GST treatment, NOT the funding provider, the potential liability for councils is significant.

TaxEd are conducting training on this issue live and online on Friday 23 September 2011, 1:00pm to 2:30pm (AEST)

Full details and training registration or call TaxEd on 03 8080 9966

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WORKING TOGETHER TO CREATE SUSTAINABLE CHANGE

The 2011 Behaviour Change for Sustainability National Congress will be held in Sydney on 10th - 11th November

  • Presented in partnership with the NSW Office of Environment & Heritage.
  • Developed in collaboration with some of Australia's most active and committed behaviour change practitioners and our congress speakers.
  • Designed to inspire and re-invigorate sustainability professionals to continue and advance their vital work in our communities and organisations.
  • Bring your ideas, experience and an open mind to tackle some of the big issues facing sustainability today.

Speakers:

  • Professor Garry Egger, author of Planet Obesity: how we are eating ourselves and our planet to death and Director of the Centre for Health Promotion and Research
  • Ed Gillespie, Co-Founder, Futerra (UK) via video
  • Tom Crompton, Change Strategist, WWF (UK) via video and author of Common Cause
  • Ian Lowe, President, Australian Conservation Foundation

Key Themes include:

  • New mindsets and ways of looking at our work
  • Cross sector learning and collaboration
  • Communication and reaching past the converted
  • Evaluation and measuring success

PLUS separately bookable:
Clinic for Behaviour Change Practitioners
Workshop on How to build a community of change agents

To register or for more details, please contact Zaf Makdum on 02 9555 4203, zaf@3pillarsnetwork.com.au or visit www.3pillarsnetwork.com.au

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