 | |  An expert in constitutional law has advised that this week’s long-awaited decision by the High Court regarding the Williams Case bolsters local government’s case for constitutional change. Local Government Minister Simon Crean this week told a gathering of 850 council representatives attending the National General Assembly of Local Government (NGA) that the Government would be prepared to take the case for financial recognition of local government in the Australian Constitution to a referendum at the next election if it was confident that it would be supported by voters. But the Minister also said that the Government would need to consider the outcome of the Williams Case, which centres on the Commonwealth’s ability to fund a chaplaincy program in public schools. In handing down its decision on the Williams Case on Wednesday morning, the High Court found that the Commonwealth does not have the power to provide direct funding in areas and to organisations outside the Commonwealth’s constitutional responsibility, suggesting that funding currently provided to local government through programs such as Roads to Recovery are clearly open to constitutional challenge. In providing advice this week to the local government sector, expert in constitutional law Professor George Williams said that the decision had much broader ramification for the Government in terms of its ability to fund programs directly. “Direct funding to local government via federal programs such as Roads to Recovery are now in doubt,” Professor Williams said. “This decision strengthens local government’s case for constitutional recognition and for a referendum and exacerbates the findings of the earlier Pape Case.” “The Federal Government’s executive power is very limited and assumptions about how money could be spent are now in doubt.” “Following this decision, the Government has to go back and think about what this means for local government.” ALGA President, Genia McCaffery said securing constitutional recognition for local government would ensure federal funding remained available to provide essential local community infrastructure and services: “Armed with the latest advice from Professor Williams, we will continue to move forward in convincing the Government of the need to hold a referendum on this issue by 2013.”
Minister Crean said that the Government had until October to decide whether it would hold a referendum on constitutional recognition of local government. | | | | |  According to the 2012-13 State of the Regions Report - commissioned by the Australian Local Government Association (ALGA) and prepared by National Economics - a new approach to regional development is required in order to address inequality across Australian regions exacerbated by the mining boom and patchwork economy. The Report, launched this week, includes economic analysis of every local government area in Australia. It identifies Western Australia and its regions as clear winners from the boom, along with some of the regions in Queensland and News South Wales, and highlights negative impacts in other states and regions. Leading Economist and co-author, Dr Peter Brain says a necessary first step to rethinking regional development to encourage equality across local government areas in Australia is the establishment of an independent Commission of Inquiry into the issue. “If the Inquiry concluded that non-mining regions have been adversely impacted due to ineffective planning for regional development, we would have a catalyst to start the process for a productive redesign of regional planning in Australia,” Dr Brain said. “During the past 30 years, there has been insufficient investment in regional development in Australia and the findings of the Report reinforce the need for a system of dedicated funds to flow into local infrastructure projects.” The findings are echoed in the results of a Commonwealth Government commissioned study into prioritising and financing local government infrastructure which were unveiled on Monday by the Minister for Local Government, Simon Crean. ALGA has welcomed the report prepared by Ernst and Young, which makes 13 recommends for improving investment in regional development. Among the recommendations is the suggestion that the Australian Government investigates establishing a national financing authority for local government which would have a mandate to invest directly in local government programs. The authority would have the ability to bundle approved council borrowings into a limited number of bond issues, which could be underwritten by the Australian Government. ALGA President Genia McCaffery said the report addresses a number of issues that local government has struggled with for many years: “We have argued for years that local and regional infrastructure funding is deficient and that there are multiple economic, social and environmental benefits that would be generated by appropriate funding in this area,” Mayor McCaffery said. “Responsibility for infrastructure is currently divided among three levels of government and the approach to investment varies across jurisdictions. The Ernst and Young report recommends that the Australian Government develop a portal to consolidate information and application material relating to local government grants program.” | | | | |  Council representatives attending this week’s National General Assembly of Local Government (NGA) celebrated the extension of the Australian has celebrated the extension of the Australian Government’s Roads to Recovery (R2R) program while recognising the need for increased and permanent funding. The 2012-13 Federal Budget included the announcement that the R2R program will continue to be funded at a rate of $350 million per year until 2019, ensuring the continuation of vital funding for local roads and infrastructure for a further five years beyond 2014, when the program was due to finish. NGA delegates applauded the Federal Government on the extension of R2R funding while reinforcing their argument for R2R funding to be increased and continued on a permanent basis. President of the Australian Local Government Association (ALGA) and North Sydney Mayor, Genia McCaffery, said a study conducted by ALGA in 2010 into local road funding estimated a shortfall of $1.2 billion annually. “The maintenance of the local road system is one of local government’s major commitments, with local roads making up more than 80 per cent of the nation’s road system.”
“For most councils, road maintenance is the single largest item of expenditure. Total expenditure on local roads by councils was estimated by the Bureau of Infrastructure, Transport and Regional Economics to be $4.2 billion in 2008-09. “While we aren’t specifying the amount of increased funding, we do ask that the Government recognise the huge shortfall that our study has estimated. “This continued under-investment hinders the social and economic development of our communities. “Improving the quality of our roads will contribute to safer roads. On average, four people are killed and 90 are seriously injured every day on Australia’s roads. This equates to the loss of 1500 lives a year as a result of road crashes.” | | |
| |  Following Wednesday’s High Court decision in the Williams Case, which confirms doubts about the Commonwealth’s ability to provide direct funding across a broad range of areas, ALGA has called on the Commonwealth to commit to a referendum to recognise local government in the Australian Constitution. The Williams Case centres on the Commonwealth’s ability to fund a chaplaincy program in public schools and the High Court found that the Commonwealth does not have the power to provide direct funding in areas and to organisations outside the Commonwealth’s constitutional responsibility. Yesterday, I issued a media release calling on the Australian Government to act quickly and confirm its commitment to holding a referendum by 2013 on the financial recognition of local government in the Australian Constitution. In our view, the Williams decision indicates that funding currently provided to local government through programs such as Roads to Recovery is clearly open to constitutional challenge. We welcome comments from Attorney-General Nicola Roxon yesterday acknowledging that this is a “dilemma” for the Commonwealth and that Wednesday’s ruling gives local government’s case for a referendum a “kick along” but we need greater commitment from the Australian Government on this matter. This is an urgent issue for local government. We have been arguing for years that we need to be recognised in the Australian Constitution to ensure the continuation of direct federal funding through programs such as Roads to Recovery. It is also timely for the Government to consider all programs that could be affected, such as the Regional Development of Australia Fund and funding for healthy communities and bike paths. During our National General Assembly of Local Government earlier this week, Minister for Local Government, Simon Crean indicated that the Government would need to make a decision about the referendum by October. But as we have said on numerous occasions, we need a decision as soon as possible so that the community can be fully engaged on the need for change and in the referendum process. If a referendum was to go ahead at the time of the next federal election in 2013, now would be the time to start a Government-funded public education and awareness campaign about the need for constitutional recognition of local government. Mayor Genia McCaffery
ALGA President | | |
| | A tool for communicating between cultures and languages and a regional tourism smartphone app have taken out top honours at the 26th National Awards for Excellence in Local Government. Regional Australia and Local Government Minister, Simon Crean announced the winners during the 2012 National General Assembly of Local Government, held in Canberra this week. The National Award winners are: - Moreland City Council, Victoria, for its CALDCOM (Culturally and Linguistically Diverse Communication) Storyboards; and
- Golden Plains Shire Council, Victoria, for its Visit Golden Plains Tourism Smartphone / Tablet App and Website Digital Infrastructure Project.
Mr Crean said the two National Award winners were chosen from a highly competitive field of 27 category winners. "Moreland City Council and Golden Plains Shire Council stood out as councils making substantial contributions to their communities and creating an environment that makes their region a better place to live and visit," Mr Crean said. "Both councils have developed innovative local solutions to local challenges and they deserve this national recognition.” Moreland City Council's CALDCOM Storyboards have improved communication in the culturally and linguistically diverse Moreland community. The Storyboards use engaging imagery and stories to communicate important cultural and practical messages to people with low English literacy levels. Golden Plains Shire Council's Visit the Golden Plains Tourism Smartphone Application makes it easier for tourists in the region to access visitor information, maps and locations of significance from the convenience of a smartphone, iPad or Android tablet. More information about the National Awards for Local Government can be found here. | | | | | The MobileMuster Local Government Awards were presented this week at the National General Assembly of Local Government in Canberra, where more than 300 local councils across Australia were recognised for addressing issues of keeping mobile phones out of landfill. Senator Christine Milne, leader of The Greens, was present to award the winning local councils, which were commended for their outstanding recycling achievements over the past year. Awards were presented to the following Councils for their outstanding efforts in the program: - Top Collector Overall: Brisbane City Council (QLD)
- Top Collector Per Capita: District Council of Kimba (SA)
- Best Promoter: City of Whitehorse (VIC)
- Working with Schools: Eastern Metropolitan Regional Councils (WA)
- National Excellence: Darebin City Council (VIC)
MobileMuster initiated the Local Government Awards in 2007 and since then, "the entry and participation of local councils participating in the program has considerably grown,” said Rose Read, Recycling Manager of MobileMuster. “We have also seen an increase in public environmental consciousness and more communities being aware of the role they can play in keeping old phones out of landfill.” Since the mobile telecommunications industry introduced its recycling service in 1999, MobileMuster has collected 886 tonnes of mobile waste including over 6.34 million mobile phones and batteries which have been kept out of landfill. For more information about the award nominees and winners click here. | | | | | “Shared space” is an approach to road design that is growing in popularity around the world. It subscribes to the idea that vehicles, pedestrians and cyclists use roads and footpaths at their own will, negotiating right of way with other road users via eye contact and social norms. The approach supports the theory that an increased perceived risk of accidents causes road users to slow down and be more aware and considerate of other road users. However, concerns have been raised that vulnerable pedestrians, such as those with visual impairments, are not able to negotiate such spaces safely, and may be forced to avoid them, thus reducing their mobility. Limited data available on shared spaces constructed in the Netherlands and the UK suggests that crash rates are no higher than comparable traditional environments and in some cases may be lower. The NRMA – ACT Road Safety Trust has recently published a research report that reviews collision data from existing shared space sites around the world. The report has been prepared by the Accident Research Centre based at Monash University. Where possible, information has been gathered on other important factors such as perceived safety, accessibility and amenity for pedestrians, cyclists and vehicles. This has allowed the potential effects of road culture on the success of shared spaces to be examined. In addition, usability issues have been explored, including consideration of how to make shared spaces more usable for vulnerable pedestrians. The report makes a number of recommendations in relation to the best practice implementation of shared space designs. To view the report click here. | | | | | The Australian Government has announced it will drive reforms to the Native Title Act 1993 to ensure a sustainable and fair native title system that creates economic and social opportunities for Indigenous Australians. Speaking at the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) Native Title Conference in Townsville this week, Attorney-General Nicola Roxon and Minister for Families, Communities and Indigenous Affairs Jenny Macklin said that 20 years on from Mabo with native title well entrenched in Australian law, it is now time to look forward to shape the next 20 years. “Twenty years after Mabo, I am pleased to announce a package of legislative reforms to the Native Title Act,” Ms Roxon said. “The Government will improve the flexibility and scope of Indigenous Land Use Agreements, create clear requirements for good faith in negotiations and allow parties to form agreements about historical extinguishment of native title in parks and reserves. “Importantly, we will clarify that income tax and capital gains tax will not apply to payments from a native title agreement. “I want to emphasise today that the Government will consult extensively on the terms of legislative change.” Ms Macklin also announced the terms of reference for a review of native title organisations, to ensure the system is delivering for Indigenous people and communities. | | | | | Australia's annual population growth rate was 1.4 per cent for the year ending 31 December 2011, according to the Australian Bureau of Statistics (ABS). Over the same period, Australia's population increased by 302,600 people to 22.5 million (22,485,300) people. Net overseas migration accounted for 55 per cent of the growth for the year ending December 2011, with the remaining 45 per cent due to natural increase (births minus deaths). Net overseas migration increased to the end of December 2011. The preliminary net overseas migration estimate for the year ending December 2011 (184,000 people) was 9 per cent (or 15,100) higher than that for December 2010 (168,800 people). Based on preliminary figures, there were 296,700 births registered in the year ending December 2011, 2.5 per cent (or 7,200) more than the previous year (289,500). The number of deaths registered over the same period was 147,000, 2.5 per cent (or 3,600) more than the previous year (143,400). | | | | | Sydney would get Australia's first 24-hour library under a City of Sydney proposal designed to double the size of the city's night economy. Circular Quay's historic Customs House would be investigated as the site for the library - one of many measures to attract a greater mix of people, events and businesses to the city at night and boost annual late-night turnover to $30 billion by 2030. ''Open Sydney: Future directions for Sydney at night'', to go before the council later this month, outlines five goals for the late-night economy for the next two decades. It covers areas including improved transport connections such as light rail, more welcoming public spaces and less red tape. The draft plan follows research last year that found only 6 per cent of people out in Sydney after 11pm were aged 40 or over and midnight crowds in Kings Cross were bigger than those on Pitt Street during morning peak. The plan proposes developing a ''night cities global index'' to rank cities by their night economies - with the goal of earning a top-three placing for Sydney. Public submissions close on August 31, with a final policy due in October. | | | | | Australians travelling domestically for business and to visit their friends and relatives are contributing to the best overall domestic tourism figures in four years. A report, Travel by Australians March Quarter 2012 shows overnight trips were up 5 per cent to 73 million in the 12 months to March. Nights stayed increased by 6 per cent to 279 million and total expenditure jumped 10 per cent to $50 billion. Minister for Tourism, Martin Ferguson said the figures were a positive sign that Australia's $73.3 billion tourism industry is recovering from last year's natural disasters. "The fact we are now seeing results reach pre-GFC levels for domestic travel is excellent news for Australia's tourism industry, particularly since the high Australian dollar continues to make international travel attractive for Australians," Mr Ferguson said. It has been found the growth in domestic overnight travel was underpinned by an increase in people travelling to visit friends and relatives. | | | | | The Strathbogie Shire Council is supportive of a plan to build a statue in Nagambie honouring Black Caviar. The mare was born in Nagambie and will attempt to win her 22nd consecutive race at Royal Ascot in England early on Sunday morning. Strathbogie Shire councillor Deb Swan said a decision had not been made on where to put the statue. "We're looking at the area directly opposite the lake there, central to the town," she said. "At this stage we're fairly certain it's going to be a life-size replica of Black Caviar to give full tribute to what a fantastic horse she is." | | | | | The Toowoomba Regional Council Mayor will wait for advice from economic consultants before authorising a further rise in development and planning fees and charges. This week’s council meeting narrowly voted to raise the charges by three per cent, instead of five per cent. Councillor Paul Antonio used his casting vote to reject a five per cent increase and says it is important that consultant, the AEC Group, is allowed to properly examine fees and charges. "We went CPI [Consumer Price Index], the cost impacts on our planning and development area are normally around about the CPI, they're not in the construction industry that's for sure but they are when we are dealing with wages and salaries in that sort of department, so consequently that was my view, we went for the 3 per cent," he said. Cr Antonio says it is important charges are kept as low as possible. | | | | | A co-ordinator is being sought to help lead a revival of Adelaide's live music scene. The move is designed to tie in with efforts by the South Australian Government and Adelaide City Council to revitalise the city, including its laneways and small places. A liquor licensing review is expected to open up city laneways for small bars and eateries. South Australian Premier Jay Weatherill said planning and licensing issues have been creating obstacles for live music venues and musicians. "I think there has been a lot of people who have grieved the loss of the live music scene in South Australia, that's not to say it doesn't exist but it certainly could be much bigger and better than it is at the moment," he said. The Australian Hotels Association said it was keen on the push to revitalise Adelaide's live music scene. President Ian Horne said the biggest problem for live music venues had been city residents complaining about noise. "For the majority of pubs and hotels - and even the Premier acknowledged some of those fabulous inner-city pubs like the Exeter, the Crown and Anchor and the Austral - someone built multi-storey apartments which don't have as much double-glazing as they should and those residents' voices need to be heard," he said. | | |
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