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ALGA has today lodged its submission to the Expert Panel on the Constitutional Recognition of Local Government, expressing its desire for reforms to be made to the Constitution to more accurately reflect and support the growing role local government performs in contemporary Australia.

The submission notes that the constant expansion of the roles and functions of local government since Federation are not reflected in Australia's founding document. The absence of a formal place for local government in the nation's Constitution is a critical impediment in the effective functioning of the modern Australian Federal System.

Since the Australian Government's commitment in 2007 to progress the issue of the recognition of local government in the Constitution, ALGA has expended considerable resources in a comprehensive research and consultation process to inform its preferred option for constitutional change. The submission highlights the process, the consideration of potential options and the overwhelming level of support from the sector to ALGA's preferred option of financial recognition of local government in the Constitution. The outcome of the recent Pape case in the High Court in 2009 served to reinforce the need for a financial solution.

While there are some fundamental difficulties in gauging broader public support for a change to the Constitution to recognise local government, ALGA has undertaken robust polling which establishes that the majority of Australians support recognition. The level of public support is greatest for financial recognition, which will benefit local communities.

The submissions process is an opportunity for all councils to put their support behind financial recognition of local government. Almost 80 per cent of councils have passed resolutions in support of financial recognition and written to the Prime Minister, Leader of the Opposition and local Members of Parliament informing them that they have passed a resolution in support of the financial recognition of local government. ALGA is encouraging councils to send a similar letter to the Expert Panel as part of the submission process.

ALGA's submission is available on the ALGA website and contains a wealth of information which can be used by councils in making their submissions.  Submissions to the Expert Panel are due next Friday, 4 November.

For more information about the involvement of councils in this process, read ahead to the President’s Column.

With just over three weeks until the National Local Roads and Transport Congress begins in Mount Gambier, a number of federal politicians have confirmed that they will be attending, despite President Barack Obama's planned visit for the third week of November, which coincides with the Congress.

ALGA is pleased to confirm that the Hon Warren Truss, Opposition Spokesman on Transport; Senator Barnaby Joyce, Opposition Spokesman on Local Government; and Tony Windsor, Independent, have been able to alter their schedules in order to attend the Congress. In addition to politicians, there is an excellent program of high-profile speakers addressing the theme of the Congress this year - Better Roads are Safer Roads. A number of senior government officials and representatives of government agencies have also confirmed their attendance and there has been a pleasing level of interest from local government and industry with almost 300 delegates registered. But there is still time for more to register for the event.

Everyone has been touched in some way by road crashes - road crashes cut lives short, leave many people with permanent injuries and cost the nation about $27 billion annually. Each year, more than 1,500 people lose their lives on the nation's roads - about a third on local roads.

The ALGA Board will officially launch local government's campaign for the renewal of the Roads to Recovery Program. This includes a package of material which will be provided to delegates to support ALGA's Roads to Recovery renewal campaign. Already, almost 100 councils have passed resolutions supporting the continuation of the Roads to Recovery Program and we want to build on that momentum during the Congress.

To this end, ALGA is encouraging as many councils as possible to participate in the launch of the Roads to Recovery campaign to send a strong and united message to the Federal Government and the Opposition about the importance of ongoing funds for local roads. The message has to be loud and clear: Roads to Recovery must be continued, made permanent and increased to a level that recognises the shortfall in funding of local roads of $1.2 billion annually.

Strong attendance at the Congress will demonstrate the support of councils around Australia and send a strong message to the Federal Government about the importance of the Roads to Recovery Program to local communities.

Registrations for the Congress can be made via the ALGA website website.

While the recent National Tax Summit touched on road user charging and congestion charging, it would be fair to say that there did not appear to be a great deal of enthusiasm for moving forward with any form of implementation of such possible reforms. There was strong recognition of the very real difficulties, both technical and political, in progressing reforms of this nature and it is unlikely that there will be much progress in this area in the near future.

By contrast, heavy vehicle road reforms are progressing steadily. Next month, at the first meeting of the Standing Council on Transport and Infrastructure (SCOTI), which will replace the former Australian Transport Council (ATC), consideration will be given to the COAG Road Reform Plan (CRRP). CRRP, an officials group established by ATC, has been examining the feasibility of establishing mass-distance location charging for heavy vehicles, following a request from COAG.

CRRP is chaired by the CEO of VicRoads. ALGA accepted an invitation to join CRRP to represent the interests of local government. The treatment of local roads under any user charging regime for heavy vehicles will be critical, as local roads make up more than 80 per cent of the total road system.

SCOTI will also be considering progress with the establishment of the National Heavy Vehicle Regulator (NHVR), which will become operational on 1 January, 2013. The introduction of the NHVR will not change the role of local government in approving access regimes for heavy vehicles on local roads but is intended to provide a nationally consistent approach to regulation and management of heavy vehicles and will provide assistance to local government in its consideration of heavy vehicle matters.

The NHVR is developing an engagement strategy to ensure that there is effective ongoing two-way communication with local government before and after the Regulator has been established. As part of that engagement strategy, the CEO of the NHVR will be speaking at the 2011 National Local roads and Transport Congress in Mount Gambier.

President's column

During the past few weeks, I have written to every council in Australia to remind them to make a submission to the Expert Panel on Constitutional Recognition of Local Government. This is important because as with any consultation process, the Panel will form its views on the input it receives.

Almost 80 per cent of councils have formally considered the constitutional recognition of local government and fully support the financial recognition option. This is an extraordinary level of support which needs to be communicated more broadly. Submissions to the Expert Panel process close on Friday, 4 November, and my message to councils is clear - don't leave it to ALGA or your state or territory local government association to make submissions on your behalf - have your say. Those who oppose the recognition of local government will certainly take the opportunity to register their views.

ALGA has finalised and lodged its submission with the Panel and our submission is now available on our website.  The ALGA submission is a useful resource for anyone looking to make their own submission as it provides background to the issue, the options for recognition and ALGA's preferred position.  It also includes some detail of ALGA's assessment of the level of public support for the recognition of local government, obtained though market research and polling.

Constitutional change in Australia is not an easy proposition. It is almost 35 years since we last voted in favour of a change. There are many barriers to getting a yes vote for a referendum on the recognition of local government, but the first challenge is to persuade the Government, through the Expert Panel process, that there is sufficient support for change to justify a referendum. Councils need to demonstrate their support by making a submission to the Panel.

To find out more about the Expert Panel process, visit www.localgovrecognition.gov.au or phone 1800 044938.

Mayor Genia McCaffery
ALGA President

Briefs

The Productivity Commission is now in the final stages of accepting submissions on the Benchmarking of Local Government regulations. This will be a sizeable task and ALGA has had discussions with Commission staff to ensure that the most appropriate format goes forward for the reporting stage.

This benchmarking process will involve state governments, state and territory associations and local councils. The possible consequences of this process would be significant for the future of the way local government operates in Australia. ALGA has been working in association with the state and territory associations to ensure that a true national picture is presented to the Productivity Commission. The ALGA submission will address several specific issues, but will focus on the need for clarity in regulations, that resources and support to enact them are available and that there is stability in regulatory activities.

Submission instructions can be found here.

Appearing before the Federal Government's Regional Telecommunications Independent Review Committee this week, UK Community Regeneration expert Dr Tim Williams said that local councils must play a driving role to realise the full potential of broadband in the bush - with healthcare, education, and local businesses to benefit from next-generation connectivity.

"Local councils have to get on board and plan now to bring the full benefits of broadband to the bush," said Dr Williams, speaking to the committee on behalf of broadband technology company Huawei Australia.

"Technologies like High-Definition Telepresence will enable people in regional Australia to access new healthcare services and education opportunities, while local businesses will be able to work as if they were based in a major capital. It is imperative that local councils get switched on to ensure rural and regional Australia sees the full benefits of high-speed broadband."

Dr Williams and Huawei have been meeting local councils across Australia to promote local leadership on broadband adoption. Dr Williams discovered the importance of local councils using broadband to promote regional regeneration when preparing his White Paper report Connecting Communities: The impact of broadband on communities in the UK and its implications for Australia.

"Throughout rural and regional Australia, we've seen that local councils have an enormous opportunity to engage with businesses, schools, healthcare providers, and individuals to show them how broadband can bring a new economic boom to the bush," Huawei Director of Corporate and Public Affairs Jeremy Mitchell said.

The Australian Government has announced the further expansion of the headspace program, with 15 new sites and two outpost sites to be set up across Australia.

The initiative is part of the Australian Government's $2.2 billion Delivering Mental Health Reform Package, which includes the allocation of $197.3 million over five years to expand the number of headspace sites to 90.

Mental health is the single biggest health issue facing young Australians. In any given year around Australia, one in four young people will experience a mental health disorder.

The announcement of the 15 locations will take the number of headspace sites around the country to 55. An additional 35 locations will be announced over the next four years.

Once up and running, the 90 sites will help up to 72,000 young Australians each year. The new sites have been chosen in conjunction with headspace, and in consultation with State and Territory governments on the basis of community need, youth populations, access to existing services and local capacity.

For more information, click here.

The Bellingen Council has been recognised for best practice by the National Heart Foundation of Australia.

According to Heart Foundation NSW CEO Tony Thirlwell, the council has shown leadership and innovation to create a local environment which supports physical activity, healthy lifestyles and a sense of community connection.

The council was named the National Winner of the 2011 Heart Foundation Healthy Community Awards at the NSW Local Government Association Annual Conference opening ceremony last Sunday.

"The awards are an important way for the Heart Foundation to recognise the outstanding achievements of local governments in the continuing the fight against heart disease, the number one killer of Australian men and women," Mr Thirlwell said.

The Healthy Community Awards reward Councils at a national and state level, across two categories: councils with populations of 15,000 or less and councils with populations greater than 15,000.

Bellingen Council received $7000 in prize money, a commemorative trophy and framed photo as both the State Winner and National Winner in the "councils with populations of 15,000 or less" category.

The Australian Bureau of Agriculture and Resource economics is encouraging people to apply for the 2012 Science and Innovation Awards for Young People in Agriculture, Fisheries and Forestry, with applications closing in less than a month.

ABARES Chief Scientist, Dr Kim Ritman, said there are 12 individual categories, with each offering up to $22,000 for project funding.

"The awards help realise big ideas from young rural innovators and have already helped more than 150 young Australians make their aspirations a reality," Dr Ritman said.

"This year's awards include 12 individual categories spanning horticulture, cotton, dairy, fisheries and aquaculture, meat and livestock, grains, red meat processing, new and emerging rural industries, animal welfare, forestry, pork, viticulture and oenology."

"Grant recipients can use their funding for a range of activities including research projects, industry visits or to attend conferences and workshops that will support their project."

Applications for the awards close at 5.00pm AEST, Friday 18 November 2011. For further information and application forms, click here.

ChemClear has just completed its largest ever collection of agvet chemicals.

During a period of several months, the chemical collection program made its way around the state of Queensland to pick up more than 60,000 litres of unwanted, obsolete and inherited agvet chemicals.

For National Program Manager Lisa Nixon, the last stop at Goondiwindi marked a significant milestone for the monumental collection run.

"We are proud to be the only industry stewardship program collecting and responsibly disposing of agvet chemicals at the end of their use in Australia. Queenslanders have endured a tough past 12 months and we were delighted to be able to help them remove potentially hazardous agvet chemicals from their properties in their post-flood clean-ups," Ms Nixon said.

Minister for Agriculture Food and Regional Economies Tim Mulherin, said the Queensland Government played a key role in helping waste holders, by providing financial assistance to users living in 37 local government areas that were particularly affected by the natural disasters.

"The Queensland Government identified chemical clean-up and collection in flood and cyclone-affected areas as vital to recovery, and as part of the $2.35 million flood recovery package for Central and Southern Queensland, provided funding to ChemClear," the Minister said.

"I would like to acknowledge the role of the ChemClear program in providing such a professional service that has benefitted many industry participants and landholders right across the state after our summer of natural disasters."

To register for the next collection or for further information, call 1800 008 707 or log on to www.chemclear.com.au

Workers can put their health at great risk if they sit at their desks all day without a break, according to a trial by federal work health and safety regulator Comcare.

Coinciding with Health and Safety Month, Comcare has revealed that taking regular breaks from sitting in the one spot can significantly reduce health risks.

Figures show that the typical office worker spends over two-thirds of their day remaining seated and inactive. It also found that even 30 minutes of exercise a day cannot offset the high risk of cardiovascular disease and death associated with prolonged sitting.

Comcare is currently piloting sit/stand workstations to reduce sedentary time by promoting more standing and increased movement.

Initial results indicate a reduction in sitting time across the day for the workers who were given these special workstations.

Comcare CEO Paul O'Connor says sit/stand workstations are just one of many avenues open to employers to promote movement in their workplaces.

"Leading by example is important. If more frontline managers model strategies to reduce sedentary behaviours, such as taking regular breaks to get some fresh air, and standing up when they're on the phone, we'll see the behaviour of employees change too," Mr O'Connor said.

"However, it's about promoting movement, not just standing. Our research has shown that remaining in any posture for a prolonged period is a health risk. We need to promote movement and regular changing of work postures."

Councils across Australia are being encouraged to support National Close the Gap Day on 22 March, 2012, to raise awareness about Indigenous health.

The Close the Gap campaign, established by more than 40 peak Indigenous organisations in 2006, aims to assist in improving the health of Aboriginal and Torres Strait Islander people, who die 10 to 17 years younger than other Australians.

Local councils are exceptionally well placed to support and promote the Close the Gap campaign as they work closely with communities.

Councils are being asked to hold a public community event, a workplace event for employees, promote this day to networks and contacts or better still, do all of the above.

To become involved in National Close the Gap Day and join the thousands of people and organisations around Australia holding events to raise awareness about Indigenous health, register an event by clicking here.

The Bureau of Meteorology will conduct water information briefings in all capital cities during November and early December 2011. The briefings will explore the latest developments in national water information, showcasing a range of new products including the National Water Account, the Bureau's first Australian Water Resources Assessment, and the latest water forecasting applications.

The briefings are designed for water industry professionals involved in water resources policy, planning and management. There is no charge to attend and places are limited.

Key locations and dates are:

Melbourne Tues, 8 Nov
Brisbane Thurs, 10 Nov
Darwin Tues, 15 Nov
Sydney Wed, 23 Nov
Hobart Thurs, 24 Nov
Adelaide Wed, 30 Nov
Perth Thurs, 1 Dec
Canberra Tues, 6 Dec

For more information, click here.

The Municipal Association of Victoria (MAV)is an official supporter of the 2011 FECCA Conference - "Advancing Multiculturalism", on 17 and 18 November in Adelaide. The Conference is being jointly hosted by the Federation of Ethnic Communities' Councils of Australia and the Multicultural Communities Council of South Australia and will be held at the Adelaide Convention Centre.

The FECCA Biennial Conference is Australia's pre-eminent multicultural conference. Every two years the Conference draws together leading decision-makers, thinkers and practitioners to discuss and debate key issues that relate to Australia's cultural and linguistic diversity. These are explored through a series of plenary addresses, panel discussions and presentations. This year, the Conference will explore the theme of Advancing Multiculturalism and promises to be a vibrant and exciting program.

Pre-conference workshops will be held on Wednesday 16 November.   For more information, contact MAV.

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Money now available to upgrade remote aerodromes

The Australian Government is providing an additional $22 million over two years for remote airstrip upgrades, building on its four year investment through the Remote Aviation Safety Program. This funding is vital to give remote outback communities access to essential air services, from the flying doctor to delivery of food and the mail.

Previous upgrades funded under this initiative have included works at the Docker River and Coen airstrips and the installation of camel-proof fencing at Papulankutja. You can read more about these projects on the Department of Infrastructure and Transport's website.

Funding bids will be considered in accordance with the Program Guidelines and on the Application Form. Grants will typically be on a co-funding basis. There is flexibility for higher proportions of funding for works at identified priority Indigenous communities.

Eligible projects can include:

  • Upgrading runway surfaces and stormwater drainage;
  • Safety equipment such as runway lighting and navigational aids; and
  • Other infrastructure such as animal proof fencing

Further information on the funding, including guidelines and the application form, is available at www.infrastructure.gov.au/aviation/regional/index.aspx, via email RAAP@infrastructure.gov.au or call 1300 768 578.

Applications close on Monday 1 December 2011

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Welcome to Legalwise Seminars

Welcome to Legalwise Seminars. Join us in November in Canberra, Melbourne, Perth or Sydney for a selection of seminars developed for those working in or with government.

Click on the links below for the program details.

CPD Compliance for Government Lawyers
Canberra - Wednesday, 9 November 2011
Melbourne - Wednesday, 16 November 2011
Perth - Wednesday, 16 November 2011
Sydney - Thursday, 24 November 2011

Litigating Contract Disputes
Brisbane - Thursday, 17 November 2011
Melbourne - Tuesday, 15 November 2011
Sydney - Thursday, 24 November 2011

Contaminated Sites
Brisbane - Wednesday, 16 November 2011
Melbourne - Tuesday, 15 November 2011
Sydney - Tuesday, 22 November 2011

Carbon Pricing: Legal Risks, Obligations and Opportunities
Melbourne - Tuesday, 15 November 2011
Perth - Wednesday, 16 November 2011
Sydney - Tuesday, 22 November 201

Fraud and Corruption in Government
Sydney - Thursday, 24 November 2011

Managing Government Contracts
Canberra - Thursday, 10 November 2011

Statutory Interpretation
Canberra - Thursday, 10 November 2011

Structuring Major Projects
Perth - Thursday, 17 November 2011

Year-in-Review: Retrospect and Prospect
Perth - Friday, 18 November 2011
 

Should you wish to browse our selection of November seminars follow this link.
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