COMMUNITY REFORM AGENDA – 2007

STATE GOVERNMENT MATTERS

PROTECTING DEMOCRACY AT THE LOCAL LEVEL.

Draft only. These proposals are only in draft form – for purposes of discussion by people who agree that:

(a) the time is overdue for ending the domination of Council business by a ‘corporate culture’ playing games well out of sight of community scrutiny

(b) the time has arrived for moving beyond the systematic top-down corruption of our communities by the involvement of State and Federal political parties in local government

(c) there is a growing threat posed by the concentration of power in the hands of executive levels of government (who may be prepared to sacrifice our communities interests for a variety of other reasons)

(d) a good part of the solution is to empower and enable everyday people to participate in decision-making at the local community level and in a democratic manner.

NEED TO REFORM THE NSW LOCAL GOVERNMENT ACT.

1. The newly elected State government (in April 2008) to engage in properly resourced community consultation for a thorough review of the Local Government Act.

2. Discussion papers to be prepared and circulated which fully explore key issues raised by the community consultation process (by early 2008).

3. Key provisions of this review to voted on by a State wide referendum held at the time of the September 2008 local government election.

4. Remaining provisions of this review to be voted on by a State wide referendum held at the time of the subsequent State election.

SOME POINTS FOR CONSIDERATION

(based on the Wollongong experience).

BAN ON STATE AND FEDERAL POLITCAL PARTIES AT LOCAL COUNCIL LEVEL

5. Change State legislation and/or the NSW constitution to ban all State and Federal political parties from direct involvement in local government.

PRECINCT COMMITTEES

6. Change the Local Government Act to provide for and protect properly resourced Precinct Committees as formal committees of local council. (Protection to include provision that a Precinct Committee cannot be abolished or dissolved by a simple majority of Council).

7. Precinct Committees to consist of twelve community representatives elected annually from residents within the Precinct area. (Full disclosure provisions to apply to those seeking election to Precinct Committees).

8. Precinct Committees will be provided with Council funding and resources necessary for them to fulfil their functions.

9. The provision of coordination services for a Precinct Committee shall be contracted out, with Council providing the funding for these services and the Precinct committee and Council jointly selecting the successful tenderer.

10. All general meetings of Precinct Committees to open to all residents, with rights to speak and a right to provide an indicative (non-binding) vote; Committee members required to comply with Council level disclosure provisions when dealing with items of business and voting; the Model Rules for organisations (modified as required) to serve as a blueprint for conduct of Precinct Committees (and as set out by other legislation).

11. Functions of Precinct Committees to be determined by community consultation, but may include the provision of a conduit between people in the local area and other levels of government; setting funding priorities for the local area; recognition of their role as an authority in determining the local character of the area (including cultural heritage matters and questions of significance in relation to the cultural and natural environment); a role in the selection and review of Council staff; a role to provide community representatives to other bodies.

12. Change the Local Government Act to ensure that Precinct Committees have an effective role to play in community consultation for major projects of state significance and have the resources required for this task.

13. Change the Local Government Act (and Planning Act) to require all major projects of state significance to be issued with a “statement of community consent” from the relevant Precinct Committee as a prior and necessary condition for the NSW Planning Minister to grant development consent (such statement of community consent not to be unreasonably withheld – with a test of ‘reason’ in contested cases being determined by a popular vote within the area of the Precinct Committee).

14. Precinct Committees to be Community Trusts for holding title to community land within their area, and in the management of these lands in keeping with community based plans for these lands, and other conditions (such as respecting the conditions of original grants).

FEDERAL LEVEL – PREVENT SYSTEMATIC CORRUPTION OF LOCAL GOVERNMENT BY STATE AND FEDERAL POLITICAL PARTIES.

Any changes to the Australian Constitution and/or Australian law and regulations in relation to the recognition of local government as the third level of government to include:

1. a ban on all State and Federal political parties from direct involvement in local government.

2. all forms of local government organisation to provide for properly resourced Precinct Committees as committees of Council and as local community conduits to all levels of government.

Bruce Reyburn
PO Box 257
Thirroul 2515