In the media – National
Australians 'in the dark' on Government digital
initiatives
Australian governments at all levels are strongly pushing the
digital delivery of their services. But new research shows that
their efforts have yet to make a major impact on most citizens (13
February 2018).
More...
Open Government plan attracting action
The Department of the Prime Minister and Cabinet has opened
consultation on Australia's next Open Government National
Action Plan. From 19 February to 30 March, you can have your say
online by submitting and discussing ideas on their website and
register to attend a face-to-face consultation (13 February 2018).
More...
Australians' trust in government at an all-time
low
The percentage of Australians who say they have trust in their
governments has declined to 35 percent. The metric is contained in
the 2018 Edelman Trust Barometer, which measures public trust in
four types of institution across 28 countries (09 February 2018).
More...
The demise of kerbside recycling
Australia's recycling industry is feeling the impact of
China's ban on a range of imported recyclable rubbish, with
industry leaders warning they cannot keep collecting recycling if
there's nowhere for it to go. On 1 January, China stopped
accepting 24 categories of solid waste, disrupting the export of
more than 600,000 tonnes of material out of Australia each year (08
February 2018).
More...
Councillors not in 'office of
profit'
Australia's High Court has said that mayors and other
councillors are eligible to stand for state and federal
parliaments, ruling that they do not hold 'an office of profit
under the Crown'. The judgement came with a unanimous decision
by the Court in a case brought by One Nation against Devonport
mayor Steve Martin (07 February 2018).
More...
Minister moves to suspend Blue Mountains Council over
asbestos investigation
The Blue Mountains City Council has seven days to explain why it
should not be suspended over alleged "conflicts of
interest" during an investigation into serious asbestos safety
breaches (16 February 2018).
More...
Council takes strong action against
vandals
Tree vandals are at it again on the New South Wales coastline, and
a local council plans to crack down on the behaviour, by installing
a sign in place of the trees (15 February 2018).
More...
In the media – Queensland
No reprieve for communities
Communities in south west Queensland are reeling from the
Senate's disallowance of a Government move to lessen the impact
on irrigators as it seeks to increase environmental river flows in
the Murray Darling Basin (16 February 2018).
More...
Fraser Coast Mayor Chris Loft sacked by Local Government
Minister
Councillor Chris Loft is dismissed as the Fraser Coast Mayor amid
"serial breaches", Queensland Local Government Minister
Stirling Hinchliffe says (16 February 2018).
More...
Statement from Local Government Minister Stirling
Hinchliffe
This week the Local Government Minister has exercised his power
under the Local Government Act to recommend
Governor-in-Council dismiss Councillor Chris Loft as Mayor of
Fraser Coast Regional Council. To date, there have been 11 findings
of either inappropriate conduct or misconduct against Councillor
Loft (15 February 2018).
More...
Palaszczuk Government re-commits to reform
agenda
Attorney-General and Minister for Justice Yvette D'Ath has
reinforced the Palaszczuk Government's reform agenda by
re-introducing key outstanding bills in the first sitting week of
the 56th parliament. The Crime and Corruption and Other
Legislation Amendment Bill widens the definition of corrupt
conduct and provides the Crime and Corruption Commission with
broader investigative powers (15 February 2018).
More...
Logan City Council in uproar as CEO
sacked
Logan City Council has sacked its CEO Sharon Kelsey, who was
appointed only in June 2017. The council has refused to give any
reasons for her termination, and Ms Kelsey herself has said she
cannot comment for legal reasons. She was hired as CEO after Logan
City Council became one of the Queensland councils being
investigated by Queensland's Crime and Corruption Commission
(CCC) as part of Operation Belcarra (12 February
2018).
More...
Sacked Logan Council CEO says review confirmed her job
fitness
Almost a week after being sacked as Logan City Council CEO in
controversial circumstances, Sharon Kelsey tells the ABC an
evidence-based review had found her to be competent in the role (13
February 2018).
More...
Logan Council 'illegally' sacked CEO Sharon
Kelsey, councillor says
Logan councillor Darren Power says his fellow councillors acted
illegally in voting 7-5 to sack council CEO Sharon Kelsey last
week, and that they did so in defiance of a CCC letter warning
against the move (13 February 2018).
More...
Local government representatives' hotline to
Integrity Commissioner
Mayors and Local Government Councillors will be able to seek
ethical and integrity advice from the Queensland Integrity
Commissioner, as part of the Palaszczuk Government's increased
transparency and accountability agenda (12 February 2018).
More...
Congestion charge, tolls axed in Queensland road
infrastructure plan
The Infrastructure Association of Queensland wants an audit of
Brisbane's busiest roads to determine a CBD boundary in which
to charge motorists via electronic tracking of their cars. But
people would enjoy free travel on the underused Clem7, Airport Link
and Legacy Way as a trade-off to encourage them to bypass busier
arterials (12 February 2018).
More...
Grant reform needed for financial
security
Grant funding for local governments must be reformed if councils
are to achieve financial sustainability, according to the LGAQ and
a review by KPMG and AEC Group. The report states the existing
model is failing to deliver the best financial outcome for people
in the communities and undermines councils' ability to plan the
future, manage their assets and achieve financial sustainability
(09 February 2018).
More...
MOU to boost trade and investment
The LGAQ and the Queensland State Government have signed a
memorandum of understanding that formalises the agreement to work
with councils to boost trade and investment (09 February 2018).
More...
Brisbane parking woes 'sucking life' out of
local businesses
Brisbane business groups warn inner-city parking problems have
reached a point of crisis, and much more needs to be done to stave
off deepening revenue losses (08 February 2018).
More...
Struggling farmers look to renewables for a second
wind
A 123-turbine wind farm west of Brisbane won't just be the
biggest renewable energy project in the southern hemisphere,
it's also opening up a potential source of income for a
community hit hard by drought (08 February 2018).
More...
In the media – Victoria
Councils keep recycling but question of where it will go
remains unresolved
Ratepayers fear they will have to pay more for their recycling
collection services as councils and the State Government try to
work out what to do with it after China imposed a ban on imports of
low-grade and contaminated waste (07 February 2018).
More...
In Practice and Courts
National Housing Finance and Investment Corporation
Draft Investment Mandate 2018
Provides directions about the two core functions of the NHFIC which
will support investment in Australian housing: the establishment
and operation of an Affordable Housing Bond Aggregator and the
National Housing Infrastructure Facility. The draft Investment
Mandate provides other detail on the NHFIC including eligible
projects and project proponents, the financing mechanisms and
lending criteria related to its activities. Submissions from
interested stakeholders close on 9 March 2018. The Explanatory
Statement is available from the Commonwealth
Treasury website.
Open Government Partnership Australia
Australia's first Open Government National Action Plan 2016-18
comprises 15 ambitious commitments that promote transparency,
empower citizens, fight corruption, and harness new technologies to
strengthen governance. This website contains information on our
Plan and progress towards its implementation. The next meeting is
on 22 February, Canberra 2018. More...
Extreme weather conference 2018
The impact of climate change on infrastructure and government will
be one of the key themes of Australia's first Xtreme Weather
Conference, to be held at the Sofitel Brisbane on 20 March 2018.
The conference brings together climate change experts with local
government planners, academics and emergency services to share
information on climate change.
More...
National General Assembly (NGA) of Local Government
2018
The National General Assembly (NGA) of Local
Government is the peak annual event for local government,
attracting in excess of 800 mayors and councillors each year. This
year's event takes place at the National Convention Centre in
Canberra from 17 – 20 June. Registrations are available
online. Motions are open and need to be lodged by 30 March
using the online
form. A
discussion paper is also available to provide guidance to
councils for the development of Motions for debate.
LG Professionals Australia's National Congress and
Business Expo 2018
The LG Professionals Australia National Congress 2018 will be held
in Canberra, 22-24 August, at the Canberra Rex Hotel.
More...
Closing the Gap Agenda
Closing the Gap agenda has begun with the release of a Council of
Australian Governments (COAG) discussion paper to
support ongoing consultations. More sessions are scheduled across
the country in coming months in 2018. Submissions close 31 March.
More...
Applying for Heavy Vehicle Safety and Productivity
Program funding: proposals
The Minister for Infrastructure and Transport, the Hon Darren
Chester MP, has announced that
Round Six of the HVSPP was open for proposals from 15 December 2017
to 30 March 2018. State, territory and local governments are
eligible to apply for funding for projects that will upgrade road
infrastructure to improve heavy vehicle safety and freight
efficiency.
More...
Applications for funding: Round Six of the Heavy Vehicle
Safety and Productivity Program (HVSPP)
Local Government, as well as the state and territory governments
may apply for funding, with the Federal government contributing up
to 50 per cent of the total project cost to successful projects, up
to a maximum of $5 million. About $98 million will be provided
Round Six funding. Proposals will be accepted up to 30 March 2018.
More...
Regulatory Reform Summit 2018
The Regulatory Reform Summit 2018 (27 February - 02 March 2018)
seeks to cover the most topical and timely of trends in regulatory
transformation and provide solutions to common regulatory
struggles. The conference aims to help policy makers solve the
jigsaw policy that is re-regulation - creating smarter, simpler,
more responsive and technologically integrated regulation. Hear
from 30+ leading government departments.
More...
Round Two: Commonwealth's Building Better Regions
Fund
Applications from councils and not-for-profit organisations are now
being accepted for Round Two of the Commonwealth's Building
Better Regions Fund. Those interested can find out more about the
program guidelines by clicking
here. A second funding round is expected to open for
applications in the first half of 2018.
Consultation: Regulation Impact Statement on options to
phase out PFOS chemicals
The Department of the Environment and Energy has released a
consultation
Regulation Impact Statement on options to phase out PFOS
chemicals nationwide. The Department is holding a number of public
sessions from 10 November. The public comment period closes on 26
February 2018.
More...
Queensland
Water Queensland
The water management protocol for the Moreton catchment is now
available online (15 February 2018). More...
QLS: New FIRB guidance released on acquisition of
agricultural land by foreign investors
The Australian Government has released new guidance clarifying that
foreign investors can only acquire agricultural land when there has
been an open and transparent sale process (07 February 2018).
More...
Have your say on the Anzac Square Restoration and
Enhancement project
Queensland Government invites all Queenslanders to share their
views on the restoration and enhancement of Queensland's State
War Memorial, Anzac Square, which is now approaching the start of
the final stages of work. Closes: 28 February 2018.
More...
LGAQ: submission on the draft Investment
Mandate
The LGAQ is seeking input from councils wishing to contribute to
the LGAQ submission. Interested councils are encouraged to email
their feedback to LGAQ's Principal Advisor by 2 March 2018. An
exposure draft of the NHFIC Investment Mandate Direction 2018, and
the associated Explanatory Statement is available from the Commonwealth
Treasury website.
Consultation on Reef Regulation Impact
Statement
As one of the leading contributors to the management and protection
of the Great Barrier Reef, Queensland local government has an
important role to play in the ongoing conservation of the Reef. The
State Government is proposing enhanced regulations around nutrient
and sediment pollution from key industries in Great Barrier Reef
catchments as part of a
Regulatory Impact Statement for enhancing reef protection
regulations (RIS). The LGAQ is preparing a
submission and seeking input from councils within the Reef
Catchment.
Victoria
Local Government Act 1989 review consultation
sessions
The MAV will be conducting a number of member council consultations
in early February to inform our response on behalf of the sector,
concerning the
exposure draft for the Local Government Bill. Submissions on
the exposure draft close on 23 February. Due to the extremely short
consultation period, the following sessions have been arranged).
More...
Draft Local Government Bill on public
view
Intended to replace the Local Government Act 1989, the
draft bill would implement "consistent representation
structures and voting methods for council elections across
Victoria, and require councils to adopt long-term plans and budgets
backed by their local communities". The exposure draft was
open for public comment until 23 February 2018, with feedback to be
used to shape any final changes before the Bill is legislated in
2018. More...
LaunchVic funds
LaunchVic's sixth funding round focuses on increasing diversity
and inclusion by supporting local councils to improve access and
participation in the startup ecosystem across Victoria. LaunchVic
is looking to invest in local councils in regional Victoria and
outer metro areas. These grants will provide councils with an
opportunity to secure funding to implement programs and activities
set out in the Startup
Guide and Toolkit. Applications close on 22 March.
New South Wales
2018/19 Floodplain Management Grants
The Office of Environment and Heritage is seeking applications for
Floodplain Management Grants for 2018/19. Applications close on 28
March 2018. Funding is provided for a variety of projects that
manage flood risk. Visit the Office
of Environment and Heritage website for information about
eligible projects, forms and grant application guidelines.
2018 Waste Conference
Registrations are open for the 2018 Waste Conference (Coffs
Harbour, 8-10 May). This annual conference is the premier event for
the waste management industry in Australia. LGNSW supports this
conference as it is particularly relevant to the local government
sector.
Find out more and register via the conference website.
Strategy for Nature
LGNSW is seeking comments from councils about a revised
biodiversity conservation strategy, by 02 March 2018. The draft
strategy,
Australia's Strategy for Nature 2018-2030: Australia's
Biodiversity Conservation Strategy and Action Inventory, aims
to improve ways to drive change in biodiversity management
priorities and alignment with Australia's international
biodiversity commitments.
Reminder: New Code of Meeting Practice Model for
Councils
The NSW Office of Local Government is seeking feedback on its new
draft model code of meeting practice for councils. LGNSW is
preparing a sector-wide submission and councils are invited to make
comments or submissions to be included in this.. Submissions close
on 16 March 2018. The draft
Model Code of Meeting Practice proposes a uniform set of
meeting rules for councils across the state to ensure more
accessible, orderly, effective and efficient meetings.
Regional Joint Organisations
Interested rural and regional councils have until 28 February 2018
to submit nominations to form joint organisations to the NSW
Government. The Local Government Amendment (Regional Joint
Organisations) Act 2017 commenced on 15 December 2017 allowing
councils to voluntarily join new Joint Organisations
(JOs) in their planning region. By 28
February 2018, Submit your
nomination via email. Include the resolution and a completed
Forming a Joint Organisation – checklist. The JO
network and funding allocations will be announced in
March.
Public Reserves Funding
The NSW Government is making $17 million available in the next
round of the Public Reserves Management Fund Program. All Crown
reserve managers, including councils, are encouraged to apply.
Applications for the 2018/19 round close on 9 March. Information on
how to apply will be available at www.crownland.nsw.gov.au.
Extension to Transitional Arrangements for the
Biodiversity Conservation Act 2016
The NSW Government extended transitional arrangements for
development consent under Part 4 of the Environment Planning and
Assessment Act to allow assessment to continue under former
planning provisions until 25 February 2018 in most local government
areas. More...
LGNSW Tourism Conference
Now in its 14th year, the LGNSW Tourism Conference 2018 is coming
soon to Parkes (12 – 14 March). This year's
program addresses the latest changes in the tourism industry.
More...
Cases
The Pavilions Port Douglas [2018] QBCCMCmr
34
JURISDICTION – whether an adjudicator can decide if local
government sewerage charges mistakenly paid by the body corporate
on behalf of a lot owner constitute a body corporate debt. Act,
ss229A, 312; Accommodation Module, s150.
Inner West Council v Krelja [2018] NSWLEC 4
CIVIL ENFORCEMENT- old and destabilised chimney on residence unsafe
and posing risk to life and property- Council s124 Local Government
Act Order requiring urgent remedial repairs to avoid risk of
collapse and injury- failure to comply with s124 Order- safety of
persons proximate to chimney given paramount consideration
demanding precautionary approach by Court- s678 Order made for the
Applicant to carry out remedial work- continual absence of elderly
Respondents from all stages of proceedings no reason to withhold
necessary orders. Local Government Act 1993 ss124,
678(10).
Manning v Bathurst Regional Council [2018] NSWCATAD
18
ADMINISTRATIVE LAW – Government information – Where
applicant sought review of decision to refuse access to information
– Whether that information, to which access was refused, was
within the scope of the applicant's access application –
Whether Tribunal has jurisdiction to review decision concerning
information which is outside the scope of an access application,
where decision made in purported determination of access
application. Local Government Act 1993 (NSW).
Legislation
Queensland
Bills Re-Introduced 15 February 2018
Local Government Legislation (Validation of Rates and Charges) Amendment Bill 2018
Crime and Corruption and Other Legislation Amendment Bill
2018
The CCC Bill will widen the definition of "corrupt
conduct" to capture people outside the public sector who
impair public confidence in public administration. The Bill also
increases the CCC's investigatory powers, to investigate
conduct liable to allow, encourage or cause corrupt conduct.
Local Government (Councillor Complaints) and Other Legislation Amendment Bill 2018
Subordinate legislation as made
No 13: Local Government (Fraser Coast Regional Council—Dismissal of Councillor) Amendment Regulation 2018 – 16 February 2018.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.