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14 Dec 2012

Joint Select Committee puts referendum under the spotlight

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The Chair of the recently established Joint Select Committee (JSC) on the Constitutional Recognition of Local Government has this week expressed her opinions on the possibility of changing the Constitution to recognise what is commonly referred to as "the third tier of government".

The JSC was established in late November to examine whether a referendum on the issue of securing financial recognition of local government in the Constitution would be successful.  Councils are encouraged to make submissions to the inquiry, which are due by 15 February, 2013.

Committee Chair Michelle Rowland said the JSC will build on the work done by the Expert Panel on Constitutional Recognition of Local Government, which was released late 2011.  The Expert Panel found that if the Commonwealth decided to hold a referendum in 2013, financial recognition - recognising local government through an amendment to section 96 of the Constitution - was the most viable option.

"Financial recognition goes to the very heart of what it means to be a federated nation and people’s expectations of what their governments should provide for local communities," she said.

"Right now, significant funding for local government is coming from the Commonwealth without it having any formal responsibility to do so.

"In the absence of explicit powers to do so in the Constitution, we are banking on future governments and courts making decisions that won’t detract from an increasing reliance on federal funds.

"And as anyone involved in local government will attest, one of the single biggest strains on their finances is the seemingly endless cost-shifting that occurs between all levels of government."

Read Ms Rowland's full comments here.

The JSC will also assess whether there is a need for more public education around the Constitution and referendum process prior to constitutional challenge.

To receive updates on the JSC process and the outcomes for local government, continue to read ALGA News or follow ALGA on Twitter by searching ALGA@ALGAcomms.

This is the last edition of ALGA News for 2012 but we will be back in late January, 2013.  Until then, from the editor of ALGA News and all the staff at ALGA, we wish a joyous Christmas and a happy and healthy 2013.

Resilient Australia Awards recognise community effort

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Attorney-General and Minister for Emergency Management Nicola Roxon this week congratulated the winners of the 2012 Resilient Australia Awards, which include the Lockyer Valley Regional Council and the Wyong Shire Council.

The Resilient Australia Awards recognise innovative practices that are making communities safer, stronger, more resilient and better prepared to manage any emergency situation.

"Over the last few summer seasons Australia has experienced natural disasters the likes of which many of us have not experienced in our lifetimes," Ms Roxon said.

"While wild weather can be unpredictable, we can all be better prepared.

"The winning projects and commendations for the Resilient Australia Awards show how communities across our nation are developing innovative and creative ways to better prepare for emergencies and disasters."

Ms Roxon said this year’s award recipients had taken community resilience into new areas with two awards going to projects looking after the welfare of pets, stock and wildlife during an emergency as well as general risk and preparedness activities.

"The Lockyer Valley Regional Council won for its 'Strengthening Grantham' community rebuilding project - a community which truly exemplifies the spirit of resilience." 

The Wyong Shire Council was recognised for its "Natural Areas Bush Fire Management Program", which has significantly improved the Council's understanding of bush fire risk and its ability to communicate risk to the community, and develop effective strategies and works programs.

The awards are an Australian Government initiative delivered in partnership with states and territories and received 108 entries this year - a record number.

Formerly known as the Australian Safer Communities Awards, the Resilient Australia Awards were renamed to reflect the National Strategy for Disaster Resilience. 

For the full list of recipients, click here.

COAG discusses Asian Century White Paper

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ALGA President Felicity-ann Lewis joined the Prime Minister, premiers and chief ministers in Canberra last week for the 34th meeting of the Council of Australian Governments (COAG) to discuss a range of issues, including the Asian Century White Paper.

Prime Minister Julia Gillard briefed her COAG colleagues on the Asian Century White Paper and the opportunities the rise of Asia provides for Australia and its reception in the region.

It was agreed that governments will utilise existing COAG processes and structures to work towards the national objectives and pathways, particularly those relating to infrastructure, regulatory reform, schools, skills and adaptability.

Mayor Lewis raised the importance of initiatives such as sister city engagements for building strong relationships and business links between Australian and Asian communities.

"Local government welcomes the Asian Century White Paper and supports plans for driving stronger links between Australian regions and Asia to seize economic opportunities that may emerge during the next century," Mayor Lewis said.

"Local governments have the local knowledge to identify regional infrastructure and support services that will underpin regional economic growth and assist regions to take advantage of the opportunities that the growth of Asia will bring."

President's Column

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As another year draws to a close and we embark on the "season to be jolly", I would like to thank you for your readership and wish you and your family a safe, healthy and happy holiday season.

The festive season is a time to unwind and reflect on the year's accomplishments.  As I look over 2012 in my role as Mayor of Marion, I take comfort in the achievements of my local community. Marion is culturally diverse and richer for the contributions of migrants.  Like so many local communities, our successes have been shaped by a range of social and cultural influences.  This is reflective of Australia's strong multicultural background, with almost 50 per cent of the national  population being born overseas or having at least one parent born overseas.  Our culturally diverse society reflects a vast range of religious traditions and spiritual beliefs and this festive season, I extend my season's greetings to those residents who have recently made Australia their new home. 

The local government sector can take comfort in its achievements and ongoing contributions to our local communities.  At ALGA, we are especially pleased with this year’s appointment of a Joint Select Committee on Constitutional Recognition of Local Government to inquire into changing the Australian Constitution to provide for the financial recognition of local government.  The Committee will be meeting with state governments and local government representatives, including ALGA, to assess the best way forward.  This is a positive step in our campaign for constitutional change and I thank those councils that have already made submissions to the Committee.

Earlier this year, the release of the Australian Government’s 2012-13 Budget ensured the continuation of hundreds of millions of dollars in vital funding for local roads and infrastructure by extending the Roads to Recovery (R2R) program to provide direct funding for local roads for a further five years beyond 2014, when the program was due to finish.  This followed ALGA's national campaign to secure ongoing federal funding to assist councils to maintain local roads and address an estimated shortfall of $1.2 billion in their investment. 

The Government also announced that it would be providing blackspot funding of $60 million a year for five years from 2014-19 and, in addition, $20 million a year over seven years from 2012-13 for heavy vehicle safety, including more rest stops for truck drivers.  Both of these initiatives are vital to help achieve the target of a 30 per cent reduction in fatalities and serious injuries on our roads by 2020.

While on the topic of roads, if you are travelling over the break, please take care.  Thank you for your support in my role as President this year.  I look forward to talking to you again in 2013.

Mayor Felicity-ann Lewis
ALGA President

Wireless frequency changes

The switch-over from analogue to digital TV will change the ranges of frequencies that television services use, and also affect the spectrum available for wireless audio equipment. 

This means that after the changeover from analog to digital television, only the range 520-694 MHz will still be used for UHF television broadcasting, while the 694-820 MHz range (currently used for wireless audio)  will be made available for other services. 

Operation of  microphones and other devices at community events, entertainment, tourism, conventions and meetings will be affected by the changes in the frequency spectrum.

Some equipment, with a wide spectrum range, is more likely to find an available portion of spectrum to use.  Cheaper equipment with limited spectrum range  may need to be replaced.  In this case,  it would be advantageous for users to delay the purchase of new wireless audio equipment until the new television channel plans in their areas are finalised. 

Further information about changes affecting wireless audio device users are available from the Australian Communications and Media Authority (ACMA) website or by contacting ACMA telephone on 02 6219 5555 or by email at freqplan@acma.gov.au

Detailed planning work by ACMA on the parts of the spectrum which have been identified as vacant spaces, which may be used for wireless audio devices, are available in a consolidated spreadsheet - the Indicative Channel Chart.  Although the Chart is not absolutely final it provides clarity on what frequencies may be available. The Indicative Channel Chart is available for download from the ACMA’s restack webpage.

The release of the digital dividend and associated reconfiguration of spectrum in the broadcasting services band has been taking place now for some time, and will continue for a number of years to come.  The ACMA will communicate upcoming changes to spectrum arrangements well in advance of the changes coming into effect, and provide time and information to allow for necessary adjustments to existing equipment.

ACMA is also working with industry and users on transition arrangements through workshops.  The Australian Wireless Audio Group (AWAG)   is managed by the Australian Commercial & Entertainment Technologies Association (ACETA http://www.aceta.org.au/) in partnership with the Australian Music Association (AMA) and their websites also contain useful  information. 

Medical alarms need to be reconfigured to work under the NBN

Medical alarms used by the elderly and those with a disability will need to be reconfigured if they are to be able to work under the National Broadband Network.  These users relied on their medical alarms to allow them to live independently at home and relied on them in event of an emergency.

In a submission to the joint parliamentary committee looking into the NBN, Tunstall Healthcare, a supplier of alarms to over 180 retirement homes, said Tunstall and other alarm providers were in discussions with NBN Co to determine how to keep the alarms working after the decommissioning of the copper network .  Tunstall claimed that of the 35 retail service providers endorsed to provide the NBN, less than 30 per cent had ability to facilitate voice calls to enable the medical alarms to work.

NBN Co says it has been trialling devices to ensure they would work under the NBN.  Where the NBN had already been rolled out, NBN Co has been providing information to help people transfer their alarms to the NBN, without a break in service.  The NBN is also consulting with industry and consumers on the migration of services from copper to the NBN.

People with alarms receive priority service and would be provided with a free 6 hour  battery back-up unit.  However this power fail run time falls well short of the 36 hours required for medical alarms under Australian Standard AS 4607.

The committee is expected to table its fourth review f the rollout of the NBN shortly.

Mackay supports constitutional recognition

 

The Mackay Regional Council this week issued a media release to publicly announce its support for constitutional recognition of local government.

The Council this week resolved to send a submission to the Federal Government, detailing a seven point plan for the establishment of a Parliamentary Committee to progress the issue of constitutional recognition and hold a referendum.

Mayor Deirdre Comerford said every resident is touched by local government and its program and activities.

"In some way shape or form, people use a council-funded program, service, facility or piece of infrastructure in their daily activities," she said.

"Waste, recycling, planning, libraries, swimming pools, youth services, food inspection, environmental conservation, roads, water, museums and public toilet amenities are among services provided by councils.

"The Council has endorsed the Australian Local Government Association’s call for the amendment of Section 96 of the Constitution to read “Parliament may grant financial assistance to any state or local government body formed by or under a law of a state or territory on such terms and conditions as the Parliament sees fits.

"We also want a publicly funded national education and awareness campaign to inform the public about the Constitution, how to change it and the Local Government questions," Cr Comerford said.

"There needs to be bi-partisan support if a referendum has any chance of succeeding.

There are over 560 councils across Australia, but every local authority is different.

"Councils are the voice of the communities because we are the closest to our communities,"

Revised health claims standard on food regulation considered

Australian and New Zealand ministers responsible for the regulation of food met last week to consider a range of issues including a revised health claims standard for packaged food.

There was support to enact laws in early 2013 that are intended to regulate the way nutrition content and health claims are made.  The new standard regulates the voluntary use of nutrition content claims (e.g. "low fat") and health claims (e.g. "contains calcium for healthy bones").

General level health claims (e.g. "calcium is good for strong bones") can be supported by either pre-approved or industry self-substantiated food health relationships.

High level health claims (e.g. "calcium reduces the risk of osteoporosis") will require pre-approval by Food Standards Australia New Zealand.  All health claims will be required to be supported by scientific evidence and will only be permitted on foods that meet specific eligibility criteria, including nutrition criteria. 

Ministers also agreed to an Australian standard on country of origin labelling to include all unpacked meat products.

Emergency management reforms to overhaul council roles

Local government emergency management roles and responsibilities look set to better align with councils’ existing capacity and expertise under a new vision released by the Victorian Government. 

Mr Rob Spence, Chief Executive Officer of the Municipal Association of Victoria (MAV) welcomed the Victorian Government’s once-in-a-generation opportunity to modernise our emergency management regime to deliver safer outcomes for communities.

"Current emergency management roles for municipalities are antiquated and fail to align with the skills, expertise, diversity and limitations of modern councils," Mr Spence said.

"In recent years a number of Government-initiated reviews raised concerns about the mismatch between expanding emergency management responsibilities and councils’ limited financial and resource capacity.

"A proposed review of all legislation that allocates emergency management responsibilities to councils has been long-sought by the sector. This outcome acknowledges the need for greater clarity and the opportunities to capitalise on existing municipal strengths and capabilities.

"Councils are not emergency response agencies, but can best add value to the complex relief and recovery needs of communities.

"Roles should draw on sector strengths and be an escalation of normal business including community engagement, local planning and partnerships, risk mitigation and support to help communities recover quickly.

"Business continuity planning is essential and has been identified by many municipalities as an area requiring further development. The White Paper proposes to support councils through a review, tailored resources and learning opportunities.

"The MAV will seek clarity on the role of councils in the development of proposed new community resilience committees, as well as further details on the coordination of emergency relief and recovery arrangements.

"We look forward to working closely with the Victorian Government, councils and other agencies to improve our state’s emergency management regime," he said.

Century-old Act has had its day

New laws to upgrade Australia’s biosecurity system and replace the Quarantine Act 1908 have been announced by the Minister for Agriculture, Fisheries and Forestry, Senator Joe Ludwig.

Senator Ludwig said the Act underpinned Australia’s biosecurity system with the new legislation supporting a more responsive system that intervened where risk needed to be managed - offshore, at the border and post-border.

"Australia has a world class biosecurity system that protects our community, our farmers and our environment from pest and disease," Senator Ludwig said.

"The Quarantine Act 1908 has served us well but times have changed and our legislation must reflect our needs now and in years to come."

He said the new legislation promoted effective cooperation between Governments, trading partners, industry participants and the community.

"The Bill will support people to enter into arrangements to better manage biosecurity risks and reduce their regulatory burden," Senator Ludwig said.

"By making arrangements more flexible, we’re making it easier for business to comply with Australia’s strict requirements and share ownership of our strong biosecurity standing."

He said the legislation also supported stronger powers for monitoring, controlling and responding to biosecurity risks.

Senator Ludwig said a clearer division of roles and responsibilities between the Minister and the Director of Biosecurity would build confidence for trading partners and industry.

Public consultation starts on new standard to help Australians avoid bill shock

Minister for Broadband, Communications, and the Digital Economy, Senator Stephen Conroy, has welcomed the start of public consultation into a new telecommunications industry standard that will help reduce bill shock for Australians using their mobile phones overseas.

The Australian Communications and Media Authority (ACMA) is beginning consultation on the standard, which will ensure Australians receive detailed and timely information about international roaming costs when they travel.

"Australian consumers are being price gouged by telecommunications companies every time they want to make a mobile call, send a text, or go online, when overseas," Senator Conroy said.

"These outrageous charges can result in someone returning home and finding that their mobile phone bill costs more than their holiday. It is unacceptable.

"The industry standard will be an important transparency measure. People will receive clear information about pricing, allowing them to better manage their spending and avoid bill shock.

"We also expect that the extra scrutiny provided by the standard will encourage telecommunications companies to reduce their obscenely high prices and give consumers a better deal when they travel."

"I encourage everyone to have their say during this public consultation, which ends on 25 January."

The draft standard would mean that a traveller receives two SMS messages when they switch on their phone when arriving overseas.  The first would be sent within 10 minutes, warning the customer that extra charges will apply and allowing them to switch off international mobile roaming services.  The second would arrive within 1 hour and must detail the cost for a standard call, an SMS, and 1Mb of data.

The standard also requires mobile phone companies to develop cost effective monitoring tools for consumers to use when they travel overseas.

The new standard is expected to be in operation by the middle of next year.

Carers Recognition Act affects councils

The Carers Recognition Act came into effect on 1 July. Overseen by the Department of Human Services, the Act has been developed to recognise, promote and value the role of people in care relationships; recognise different needs; and enact care relationship principles to promote understanding.

Local government is identified as a public service care agency and is therefore bound by the application of the Act.

Councils need to:

  • understand and implement the Care Relationship Principles outlined in Part 2 of the Act
  • meet the obligations outlined in Part 3 of the Act to take all practicable measures to ensure:
    • that its employees and agents have an awareness and understanding of care relationship principles
    • people in care relationships and receiving services from council have an awareness and understanding of the care relationship
    • council, its employees and agents reflect the care relationship principles in developing, providing or evaluating support assistance

prepare a report on compliance with the obligations in the Act to be included in council’s annual report.

Randwick Mayor welcomes light rail announcement

Randwick Mayor Tony Bowen has welcomed Premier Barry O’Farrell’s commitment to start building a $1.6 billion 12-kilometre light rail line in 2014 linking Circular Quay with Randwick.

"Randwick City Council has strongly advocated for the return of light rail to the eastern suburbs for many years, and this announcement is great news for the residents of Randwick and our many visitors to the uni, hospitals and racecourse," Mayor Bowen said.

"Light rail will make it easier to get to the footy or cricket while also helping tens of thousands of commuters, workers and students.

"Randwick City is unique - no other area in Sydney contains four major hospitals, a leading university and TAFE, a nationally significant racecourse, major sporting stadiums and parklands, and yet has no dedicated rail transport.

"I would also like to see the Government commit to maintaining or improving the current bus services in the eastern suburbs, and also consider providing a dedicated bicycle path alongside the light rail route.

"Council has worked hard to campaign for the return of light rail forming a Memorandum of Understanding with the University of NSW, the Australian Turf Club, The Centennial Park and Moore Park Trust and the South Eastern Sydney and Illawarra Area Health Service, and it’s great news those efforts are now paying off,” Mayor Bowen said.

Randwick City Council has been consulting with the community on light rail through a special consultation website since early 2011.

Local super fund ranked world's number one in green investment

Australian superannuation fund, Local Government Super (LGS), has achieved number one ranking from 300 of the largest retirement funds surveyed worldwide in the first ever global climate investment index.  The Climate Institute's Asset Owners Disclosure Project (AODP) aims to show how the world’s biggest investors, including superannuation funds, are managing climate risk.

The world’s top-ranked green investors were revealed today following the closure of the Climate Change Conference in Doha, Qatar.

"We've been working steadily to build a sustainable portfolio for over 10 years, and we are well recognised as a leader in Australia.  To see our initiatives being recognised on a global scale is a real honour, and it is great to see an Australian fund ranking number one in the world in such an important area. Speaking for a Board that has made a massive commitment to securing sustainable results for our members, this recognition is very satisfying," LGS CEO, Peter Lambert said.

Around $3.3 billion - or just over half - of LGS's total assets are in responsible investment strategies across Australian and international equities, property, absolute return, private equity and sovereign bonds.

"The holistic approach, in which LGS seeks to invest in line with environmental, social and governance (ESG) principles across all asset classes, not just a few that might be considered ‘easier’, is what sets us apart," Mr Lambert said.

"This reflects our long-held belief that sustainability must be a key consideration for any organisation pledged to deliver returns to investors over horizons in the order of 40 years or more," he said.

"LGS accepts the science around the human impacts on climate change, particularly through the burning of fossil fuels.  Our Sustainable/Socially Responsible Investment policy views climate change as the most significant environmental risk affecting investment returns.  It is a complex area, and we are developing strategies that attempt to address these risks and provide strong, long-term returns for our members."

ALGA News can be read online each week at www.alga.asn.au/news.aspx
Editor: newscomments@alga.asn.au Tel: 02 6122 9434.
Australian Local Government Association - 8 Geils Court, Deakin, ACT, 2600.
Copyright © 2001 Australian Local Government Association. ISSN 1447-980X
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