The Greens believe that Local Government, as the level of government closest to the people, must be reinvigorated here in NSW. Having decisions made at the grassroots level provides the greatest opportunity for community input. Done well local government provides the most efficient and democratic form of government possible.
Local representatives are familiar with the very streets, shopping centres, houses, roads and footpaths over which they are making important decisions. It makes sense for State government to work in partnership with the local government sector to ensure that local councils have sufficient power and resources to do their job well.
The Greens plan for local government will:
1. Return planning powers to local government
For too long the State government has centralised planning powers in NSW. Increasingly the decisions over the developments that will have the greatest impact on local communities are being made by the Minister for Planning under Part 3A or state-appointed approval bodies called Joint Regional Planning Panels (JRPPs).
The Greens will repeal Part 3A and abolish JRPPs and return the bulk of those decision making powers to local government. The Greens will also put in place an Independent State Planning Commission to determine the genuinely state significant projects that can’t be decided at a local level.
2. Ensure openness in local government.
There has been an increasing practice in local government for many key decisions to be made by elected representatives in “working parties” or “briefing sessions” which are not open to the public and therefore not open to scrutiny.
The Greens will move amendments to the Local Government Act to ensure that minutes are kept of all such informal gatherings of councillors and require them to be publicly available on local councils’ websites. We will also clarify the law to ensure that any decisions made in these informal gatherings are reported to an open council meeting where their merits can be debated and the local community can be involved.
3. Provide financial autonomy to local government
Over the last two decades successive state governments have forced greater responsibility on councils for the regulation of matters including public health, strategic planning, emergency services and the delivery of water and drainage infrastructure. This has come at the same time as there have been serious financial restraints on local government in the form of rate capping.
To deal with these increasing pressures local government must have genuine financial autonomy. This can only come from removing the existing rate capping restrictions on local councils. In order to ensure financial rigour this must come with a clear requirement that local councils have in place long term financial plans. No rate rise can exceed an amount set in Council’s a long term financial plan without ministerial approval. Further should a local council seek to raise rates by more than CPI then this will require additional and thorough community consultation before being implemented.
4. Prevent forced amalgamations
Local government must remain local. This means no forced amalgamations. While the Greens support local governments seeking to achieve economies of scale through regional co-operation in matters such as tendering and waste services, this must not come at the expense of genuine grassroots democracy.
5. Restore Local Democracy
For too long local democracy has been the plaything of State governments. While from time to time it may well be necessary for local councils to be dismissed due to corruption or mismanagement, it must come with a clear statutory requirement for local elections to be held for a new council within 12 months. Under the existing law there is no time limit on the appointment of administrators and administrators have been appointed to councils including Warringah and Wollongong for periods in excess of three years. This is fundamentally undemocratic.
The Greens will also move to abolish elections being held in two member wards which on the current law provide an effective gerrymander for any party or group that receives 50% + 1 of the vote. Two member wards have effectively killed local democracy in places such as Botany Council where the current Labor administration was returned unopposed. It was also the method used to elect the discredited local administrations in councils such as Wollongong and Shellharbour both of which have been dismissed. Local democracy requires a minimum of three member wards to ensure diversity and rigour in the electoral system.
6. Reform the Code of Conduct
Recent practice has proven that the local government Code of Conduct under which complaints are made against individual councillors has become overly politicised. Too often vexatious complaints are pressed on individual councillors with the support of a majority of councillors for essentially political reasons. This must be reformed.
The Greens support an urgent parliamentary review of the Code of Conduct with terms of reference requiring it to consider providing for an independent initial assessment of any complaint by a person other than the General manager. This will allow vexatious, or politically-motivated complaints, to be dealt with in a summary fashion, saving local government time, money and resources in the process.
The Greens will work with all parties in the next Parliament to achieve these reforms. Local government deserves nothing less than the full support of the NSW Parliament.
To achieve its potential the local government sector requires greater democracy, real financial autonomy and more local accountability. This package of detailed reforms will achieve this for local government.
10 March 2011