 | |  The Australian Government has responded to last week’s High Court decision in the Williams Case, which invalidated the National School Chaplaincy Program and cast doubt over a range of schemes receiving direct federal funding, by introducing the Financial Framework Legislation Amendment Bill into Parliament as a measure to protect federally funded programs at risk of constitutional challenge. Last week’s High Court decision was significant because the Court reaffirmed its narrow view of the executive power of the Commonwealth under Section 61 of the Constitution first put forward in the Pape Case in 2009. The Court also held that Commonwealth programs, whether based on the executive power or a specific head of power under some other section of the Constitution, require legislation. The new Commonwealth legislation, which has now passed Parliament, is aimed at protecting over 400 grants and programs, including clean energy schemes, childcare support payments and job services, as well as payments to local government under the Regional Development Australia Fund. Doubts have already been expressed, however, about the validity of the remedy by the Opposition, other parties and commentators. The legislation does not impact on the Roads to Recovery program, which already has its own legislation, but there remain doubts about whether the Commonwealth has the constitutional power to provide such direct funding. ALGA maintains that the only way to ensure that direct federal funding for community services and infrastructure is protected is to have local government recognised in the Australian Constitution. ALGA has been campaigning for financial recognition of local government in the Constitution for some time and believes that the outcome of the Williams Case has bolstered the need for constitutional change.
The Government has said that it 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. ALGA will continue to work to convince the Government of the need to hold a referendum on this issue by 2013. | | | | |  ALGA’s Vice-President, Felicity-Ann Lewis was one of about 400 participants representing settlement, employment and community sectors; service groups; academia; and government gathered in Adelaide to discuss measures to support migrants and refugees entering the job market and settling in Australia. The Settlement Council of Australia’s Second National Settlement Conference - Creating Our Future - aimed to enable a broader understanding and ownership of immigration and settlement in a multicultural Australia and provide the settlement sector with evidence-based advocacy tools with which to advise government on its work to enhance social inclusion and combat racism. The Conference featured keynote presentations from a range of industry leaders in settlement and employment, including Minister for Multicultural Affairs, Kate Lundy and Minister for Employment Participation, Kate Ellis. Ms Lewis told the Conference that local government was a key player in the area of settlement, service delivery and in the building of a strong sense of community: “This involvement in a broad range of settlement issues should come as no surprise given that local government has a long history in Australia, predating the federation.” “As a sector of government that is closest to the people it represents and serves, local government plays a critical and fundamental role in looking after the broad interests of every day Australians. Once could say that issues surrounding settlement and participation are essentially the reasons why we local councils exist.” Ms Lewis also drew attention to the challenges for local government when it comes to settlement and community participation and suggested that the Commonwealth and state and territory governments could introduce a number of initiatives that would make a big difference. These include a more clearly articulated, strategic and mutually agreed position on the respective roles and responsibilities of federal, state and local governments around settlement and cultural diversity policy and programs. “I think it is fair to say that local government is playing a highly significant role in the development of a tolerant, inclusive and harmonious society. But this role could be enhanced if local government were accorded proper recognition, engagement and fair funding arrangements.” | | | | |  ALGA has welcomed the Australian Government’s decision this week to amend disaster relief funding guidelines to allow local governments in Queensland to use their own employees when rebuilding after natural disasters such as floods and cyclones. Minister Assisting on Queensland Floods Recovery, Senator Joe Ludwig, said the Local Government Value for Money Pricing Model would benefit councils and keep costs low for the Commonwealth. “Under the Value for Money model, Queensland local councils will be able to use their own internal labour for reconstruction projects and be eligible for payments,” Minister Ludwig said. The proposed amendments will address longstanding Natural Disaster Relief and Recovery Arrangements (NDRRA) that prevent councils from being reimbursed for construction work undertaken by their own internal labour. “In practice, this means that councils are outsourcing reconstruction works to contractors where the costs are claimable under the NDRRA, rather than using their own resources,” Minister Ludwig said. The model will only apply to reconstruction of eligible assets damaged in the 2010-11 floods and Tropical Cyclone Yasi and any of those assets re-damaged in subsequent years. This is in recognition of the extraordinary circumstances faced by Queensland local councils as a result of the unprecedented 2010-11 natural disasters. | | |
| |  Since the release last week of the High Court’s judgement in the Williams Case, there has been plenty of media coverage and debate about the constitutional validity of direct Commonwealth funding across a broad range of areas, including funding for local government and the Roads to Recovery program. The High Court decision on the Williams Case confirmed the narrow extent of the Commonwealth’s executive power under Section 61 of the Constitution and invalidated the school chaplaincy program in public schools, noting that it was not supported by legislation. The decision builds on the Court’s earlier decision in the Pape Case in 2009, which cast doubt on the Commonwealth’s ability to fund a wide range of programs and areas, including direct funding of local government through programs such as Roads to Recovery. In light of the Williams decision, I have written to Prime Minister Gillard to seek advice on what the High Court ruling means for direct funding to local government. The fact that Parliament this week passed legislation designed specifically to support the chaplaincy scheme and protect it and some other forms of directly funded programs from further challenges reinforces the impact of the High Court’s findings. Attorney-General Nicola Roxon has conceded that the Roads to Recovery (R2R) program, which provides direct federal funding to councils to maintain roads is vulnerable. While there is already legislation in place for R2R, the legislation still leaves the Government open to legal challenge because of doubts about the Government’s constitutional authority for such funding. The only way to protect local government programs such as R2R is to recognise local government in the Constitution through a referendum. ALGA’s view is that such a referendum should be considered as part of any solution to address the vulnerability of federally funded programs. In 2010, when coming to office, the Australian Government gave a commitment to hold a referendum on the constitutional recognition of local government by 2013. In June 2011, ALGA welcomed the appointment of an Expert Panel, chaired by the Hon Jim Spigelman, as an important step forward in the process to meet this commitment. ALGA fully participated in the Panel’s process through my own membership of the Panel, and that of ALGA Board member Paul Bell, and through a submission setting out the case for financial recognition. The Panel’s report, released on 22 December 2011, concluded that the financial recognition of local government to allow the continuation of direct federal funding to councils was a viable question for a referendum by 2013. The Panel did, however, note the need for the Commonwealth to engage the states on the issue and also to allocate substantial resources for a major public awareness campaign to achieve informed and positive public engagement. In an address to ALGA’s National General Assembly of Local Government on Monday, 18 June, in advance of the release of the Williams judgement, Minister for Local Government, Simon Crean noted the need for the Government to make a decision on whether to proceed with a referendum by October this year. I believe the High Court’s decision in the Williams Case has highlighted the need for a more urgent response by the Government, hence my letter to Prime Minister Gillard requesting advice on how this issue might be taken forward. Mayor Genia McCaffery
ALGA President | | |
| | On Wednesday, 27 June, ALGA attended a National Arts and Health Policy Forum at Parliament House in Canberra, joining about 60 representatives from across Australia to develop recommendations that will inform a national arts and health policy framework. The Forum provided an important opportunity to strengthen links between members of the arts and health community and government agencies responsible for the development of the policy framework. The Arts and Health Foundation and its project partners the National Rural Health Alliance and Regional Arts Australia secured the support of the Minister for the Arts, Simon Crean and the Minister for Health, Tanya Plibersek, to hold the National Arts and Health Policy Forum. Minister Crean delivered the opening speech. Other prominent speakers included Robyn Archer AO, Professor Michael Kidd AM, Dr Christine Putland. A panel of 28 sector leaders led the Forum discussion. The national policy framework is being developed by senior officials for consideration and adoption by the Cultural Ministers Council and the Health Ministers Council. | | | | | Victorians affected by flooding in South-Eastern Metropolitan Melbourne and West Gippsland on 22-24 June 2012 will be able to receive financial assistance. Attorney-General and Minister for Emergency Management Nicola Roxon said joint Australian-Victorian Government Natural Disaster Relief and Recovery Arrangements (NDRRA) assistance is being made available in the five local government areas of Baw Baw, Bass Coast, Cardinia, Latrobe and South Gippsland. “Assistance available through the NDRRA includes personal hardship and distress assistance for families, and funding to help councils clean up and restore damaged community infrastructure,” said Ms Roxon. “Should other areas be identified as affected by this event, NDRRA assistance can be extended there too. “Funding through the NDRRA includes emergency food, clothing and accommodation plus help for people trying to re-establish their damaged homes.” Personal hardship and distress assistance can be accessed through the Victorian Department of Human Services and includes: - Emergency relief assistance, which provides payments of up to $480 per adult and $240 per child up to a maximum of $1,200 per household to cover emergency shelter, food, clothing, or personal items; and
- Emergency re-establishment assistance of up to $30,000 per household for clean-up, emergency accommodation, repairs, rebuilding and replacing some damaged contents.
Ms Roxon said people who have suffered personal hardship and distress should contact their local Victorian Department of Human Services branch or visit www.dhs.vic.gov.au/emergency to find out about assistance that may be available. | | | | | Cardinia Shire’s premier health and recreation facility will receive a $739,163 energy efficiency overhaul that will help it save on its power use and cut its greenhouse gas emissions. Cardinia Shire Council has secured a grant for $369,582 from the Australian Government through the Community Energy Efficiency Program (CEEP) and Low Carbon Australia finance of $225,913 to carry out energy efficiency improvements at Cardinia Life in Pakenham, south-east of Melbourne. Cardinia Shire Mayor Ed Chatwin said the works would include upgrading Cardinia Life’s heating, ventilation and air conditioning, installation of a heat pump to replace its electric hot-water unit, a lighting upgrade and the installation of a microturbine cogeneration unit that would help the facility generate its own power. “These grants are a key funding source which reduces the need for ratepayers’ money. Also, the operational cost of the facility is reduced, giving another saving to ratepayers,” he said. Low Carbon Australia’s CEO Meg McDonald congratulated Cardinia Shire Council, for its leadership in energy efficiency, adding that it was one of the first in Australia to receive Low Carbon Australia finance for a cogeneration system in a pool complex. “The Cardinia Life project is a win-win for the community and the environment with expected annual energy cost savings of over $75,000 as well as significantly reduced carbon emissions” she said. “Projects like this don’t just produce one-off benefits for their communities. They continue to keep operating costs down and deliver environmental gains over the life of the equipment,” she said. | | | | | The Carbon Farming Initiative is one of the key parts of the Australian Government’s plan for a Clean Energy Future and gives landfill operators the opportunity to earn carbon credits from abatement activities. The following shows how two local councils have successfully reduced greenhouse gas emissions from landfill - to the benefit of their communities as well as the environment. Council 1: Tweed benefits from taking early action Tweed Shire Council in New South Wales began reducing its emissions in 2002. The council estimates that these actions have successfully brought it below the threshold of 25,000 tonnes of carbon dioxide-equivalent (CO2-e) emissions per year, at which landfill operators are liable under the carbon price. Tweed Shire Council operates the Stotts Creek Resource Recovery Centre, a regional waste facility that hosts landfill,recycling and resource recovery activities. About 50,000 tonnes of waste are deposited at this landfill each year. Tweed introduced a three-bin system in 2009 to reduce waste and organic loading in landfill, with 42 per cent of totalwaste being recycled in 2010/11. The optional green waste service under this system has been taken up by about 14,000households, with all green waste collected through this service successfully diverted from landfill. The council installed a methane gas extraction system at the Stotts Creek Resource Recovery Centre in 2002, and added a micro power station in 2006 that feeds energy generated from the gas back into the electricity grid. The facility generates about 3,000 megawatt hours of electricity, enough to power some 400 homes. Each year, the Stotts Creek facility captures and burns methane, which avoids around 12,900 tonnes of CO2-eemissions - equivalent to taking almost 4,000 cars off Australian roads for one year. Tweed estimates it has successfully reduced emissions below the carbon price threshold of 25,000 tonnes ofCO2-e as a result of the methane extraction system and micro power station at its Stotts Creek facility. Council 2: Moreton Bay halves emissions Moreton Bay Regional Council services a population of more than 391,000 people and manages about 200,000 tonnes of waste sent to its landfills each year. The council began reducing its emissions from waste in 2010 with the installation of landfill gas management systems across its three operating landfills. The council estimates that these actions have on average reduced emissions by up to 50 per cent - a total of 78,000 tonnes of CO2-eemissions to date. In this way, the council has successfully reduced its future liable emissions under the carbon price. To reduce waste to its landfills, Moreton Bay Regional Council operates a dual kerbside bin system for general waste and recycling. About a quarter of the total kerbside waste collected by the council was recycled in 2010/11. In addition to this, the council also conducts recycling and resource recovery activities at its waste facilities. Overall, 42 per cent of the total waste collected by the council within the region is recycled. Each year Moreton Bay Regional Council captures and flares methane, which avoids around 40,000 tonnes of C02-e emissions across its three landfill sites. This is equivalent to taking nearly 12,000 cars off Australian roads each year. The council is currently exploring options to extract and capture even greater volumes of gas from the landfills, as well how to benefit from reusing the gas. Moreton Bay Regional Council set out to reduce waste-related carbon emissions through the capture and destruction of landfill gas in 2009. With the construction and ongoing operation of its gas management system, the council estimates it has successfully halved its waste-related emissions. The council expects to see a return on its $3.2 million investment in landfill gas capture systems by 2016 and attributes this rapid return on its investment to the fact that the landfill gas management system will reduce the amount of liable emissions under the carbon price mechanism. Find out about opportunities under the Carbon Farming Initiative. | | | | | New Australian pay rates start to take effect from 1 July - and employers and workers can visit the Fair Work Ombudsman’s website now to determine the rates that will apply to them. The new rates will apply to adult and junior employees, trainees, apprentices, employees with a disability and workers employed under piece rates. Fair Work Ombudsman Nicholas Wilson says it is particularly important that employers are aware of the increases and how they affect their businesses. “Employers can go to the Fair Work Ombudsman’s website now to determine what the new pay rates will be,” Mr Wilson says. In accordance with the Annual Wage Review decision by Fair Work Australia earlier this month, the National Minimum Wage increases by 2.9 per cent to $606.40 per week, or $15.96 per hour. The Annual Wage Review decision also increases minimum rates, allowances, casual loadings and penalty rates in Modern Awards and some other minimum wage instruments. Increases in minimum pay rates take effect from the first full pay period on or after 1 July. The Fair Work Ombudsman has a variety of tools and resources available on its website - www.fairwork.gov.au Employers or employees seeking assistance can also contact the Fair Work Infoline on 13 13 94 from 8am-to-6pm weekdays. A free interpreter service is available on 13 14 50. | | | | | The Australian Communications and Media Authority has registered a new Industry Code for Mobile Phone Base Station Deployment that will significantly improve community consultation by industry. It was developed following a review by Communications Alliance Ltd, the primary telecommunications industry body in Australia. “The new code raises the bar on community consultation and transparency about carriers installing mobile phone base stations and I expect that it will help to address recent community concerns about the location of new base stations,” ACMA Chairman, Chris Chapman said. The new code contains a number of enhancements, including: - encouraging an improved collaborative approach between carriers, local councils and the community
- early identification of community-sensitive locations
- improving understanding of consultation requirements by simplifying readability and the code’s structure
- providing a toolkit for carriers and their agents as part of the consultation process to maintain consistency in their approach
- greater accessibility of information about new base stations through a ‘community consultation web portal.
The code is available from the Communications Alliance website and will come into effect on 1 July 2012. | | | | | Remote schools, health clinics, and local government facilities are now eligible to connect to the National Broadband Network (NBN) through the Interim Satellite Service (ISS). The new eligibility rules for the ISS take effect from 1 July 2012. For more information on the ISS, visit www.nbnco.com.au or call 1800 881 816. Extending eligibility for the ISS to remote schools and health clinics was a recommendation made by the Regional Telecommunications Independent Review Committee (RTIRC) in its 2011-12 report, which was released on 23 May 2012. The Interim Satellite Service has been operating since 1 July 2011 and provides eligible rural and regional Australians faster broadband services. NBN Co’s long term satellite service will be available in 2015. Around 7200 homes and small businesses in remote and rural areas are already using the ISS. | | | | | Local communities across Australia will be holding events to recognise the history, culture and achievements of Aboriginal and Torres Strait Islander people during NAIDOC Week celebrations. On Queensland’s Sunshine Coast, NAIDOC Week will officially be opened by local Mayor Mark Jamieson at 10am on Monday July 2 at the Sunshine Coast Council Nambour Chambers forecourt and will be attended by representatives of local Aboriginal and Torres Strait Islander communities. Mayor Jamieson said council, through its Reconciliation Action Plan, is committed to improving relations between Aboriginal and Torres Strait Islander people and other Australians. "Council values its Aboriginal and Torres Strait Island peoples' rich contribution to the region and the connection these communities have to the Sunshine Coast region" he said. "NAIDOC Week provides an opportunity to acknowledge and honour the contribution of the Sunshine Coast Aboriginal and Torres Strait Islander communities and to celebrate and share their heritage, culture and knowledge. "Through participation in and support of events such as NAIDOC Week, council is committed to creating an inclusive community which supports reconciliation in the region." The theme for NAIDOC Week 2012 is Spirit of the Tent Embassy 40 years on celebrating the 40th anniversary of the Aboriginal Tent Embassy and acknowledging the key contributors to its long history. NAIDOC stands for 'National Aborigines and Islanders Day Observance Committee' which was once responsible for organising national activities during NAIDOC Week. This acronym has since become the name of the week itself. | | | | | According to the latest figures from the Australian Bureau of Statistics, almost two-thirds (63 per cent) of children aged 5-14 years participated in organised sport or dancing at least once in the 12 months leading to April 2009. Girls were five per cent less likely than boys to have participated. Compared with a two-parent family with one parent employed, participation for children in organised sport or dancing was 18 per cent more likely when both parents were employed, 13 per cent less likely when neither parent was employed, and 20 per cent less likely for children from unemployed single-parent families. More details on these topics are available in the June edition of Australian Social Trends (cat. no. 4102.0). | | | | | An urban design strategy that introduces a broad mix of land uses on the Parramatta riverfront has won Australia's most prestigious urban design award. The Parramatta River Urban Design Strategy has taken out the 2012 Australia Award for Urban Design (AAUD) hosted by the Planning Institute of Australia (PIA) in Canberra. The project won the Policies Programs and Concepts in the small scale category. PIA National President Dyan Currie said the Parramatta River Urban Design Strategy represents a significant facelift in Sydney's second largest CBD. "The jury noted that the vision of an open space network, public spaces and future development demonstrated the potential for the city to reclaim its relationship with the river," Ms Currie said. The jury also noted the project was a highly competent demonstration of how well urbanism can contribute to the environmental assets of our cirties and encourage us to revalue them. The Australia Award for Urban Design is Australia’s premier award for urban design achievement. It was proposed by the Urban Design Task Force under former Prime Minister Paul Keating and first presented in 1996. Prime Minister Julia Gillard is the Award Patron. AAUD acknowledges the critical role good urban design plays in the social, economic and environmental development of our cities and towns. The 2012 AAUD was judged in four categories; Delivered Outcome - large scale, Delivered Outcome - small scale, Policies Programs and Concepts - large scale and Policies Programs and Concepts - small scale. Other winners and commendations include: Delivered Outcome - small scale - Winner --- Darling Quarter Commendation - Taronga Zoo Delivered Outcome - small scale - Winner --- River Quay - Brisbane Policies, Programs and Concepts - large scale - Winner ---- The Future of Penrith, Penrith of the Future Commendation- Next Generation Planning Handbook | | |
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