Reform Wollongong City Council

26 January 2010

Hon K Keneally
Premier, NSW
GPO Box 5341,
Sydney NSW 2000

Dear Premier Keneally.

Local Government Elections Wollongong 2010.

I am writing to seek help from your leadership for the speedy restoration of local government democracy in Wollongong, during 2010.

I see this in terms of a human right as stated in the Universal Declaration of Human Rights.

“Article 21
1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.”

Even at the local government level, the denial of this right in deed and in spirit is, frankly, un-Australian.

The Local Government Act, as I read it, provides for the option of having both Administrators and an elected Council.

The Act states:

255 Governor may dismiss mayor and councillors

(1) The Governor may, by proclamation, declare all civic offices in relation to a council to be vacant if:

(a) a public inquiry concerning the council has been held, and

(b) after considering the results of the inquiry, the Minister has recommended that the Governor make such a declaration.

(2) The Governor may, by proclamation, declare all civic offices in relation to a council to be vacant if the Independent Commission Against Corruption, in a report referred to in section 74C of the Independent Commission Against Corruption Act 1988, recommends that consideration be given to the making of such a declaration because of systemic corruption within the council.

(3) If the Independent Commission Against Corruption makes such a recommendation, all civic offices in relation to the council may be declared vacant under subsection (2) without the holding of a public or other inquiry concerning the council. However, the making of such a recommendation does not preclude the holding of a public or other inquiry.

256 Governor may appoint administrator or order fresh election

(1) By the same proclamation under section 255 or by one or more subsequent proclamations, the Governor is:

(a) to appoint an administrator of the council for a specified term, or

(b) to order the holding of a fresh council election,

or both.

(2) The Governor may, by those or other proclamations, make such further orders as the Minister recommends are necessary in the circumstances.

A BOTH-AND HEALING APPROACH

The proper and appropriate course of action between 2010 and September 2012 (when the next scheduled local government elections are planned) is to have both an elected Wollongong City Council and an Administrator.

This will restore a better degree of balance between the human rights of the citizens and residents of Wollongong and the obligations of responsible government.

It will also enable our local communities to participate fully in addressing present needs and to be part of planning for our social and economic future, in a time of increasing uncertainty.

On the question of costs of a 2010 Council election, we did not have a local government election last time, and are now owed a catch-up one in return for the payment of our taxes and rates.

Yours truly

(signed)
Bruce Reyburn
brucer@reformwcc.info

cc. Hon B O’Farrell, Leader of the Opposition; Hon Sylvia Hale, MLA; Paul McLeay Minister for Illawarra, Greg Pearce Shadow Min Illawarra.

www.reformwcc.info