CDP Supports Local Government Legislation

The Rev Fred Nile MLC, leader of the Christian Democratic Party, has supported the Local Government Amendment (Miscellaneous) Bill 2006 in the NSW Upper House.

“The Christian Democratic Party supports the Local Government Amendment (Miscellaneous) Bill. The bill is the result of advice from State government agencies, including the Local Government and Shires Associations, which have been consulted on the bill and, in the main, agree that the bill meets their requests. The bill also clarifies a controversy that arose when Warringah Council held a constitutional referendum seeking approval to change the number of wards. At that time voting was extremely close and the outcome of the referendum, which was determined by including the informal votes cast, was lost. The Crown Solicitor gave advice to the State Electoral Office and it became clear that there was confusion with the way in which the Act was drafted. It was the belief at the time that all votes at a constitutional referendum or council poll should be counted, whether or not they were valid. The bill will amend the Act to ensure that only valid or formal votes are counted”, Rev Fred Nile stated.

The bill also includes a provision with respect to leave of absence. Concern has been expressed about councillors participating in council meetings while they are on leave from their civic duties, and then resuming their leave. The bill proposes that where a councillor attends a council meeting during a leave of absence, the leave of absence should end. A further period of leave can be granted by council resolution, if required. A councillor who returns early from leave is required to provide the general manager with a minimum of two days notice to allow time for the business papers to be prepared. Failure to give such notice will not prevent a councillor from attending the meeting, voting at it or invalidate business conducted at the meeting. The measures in this bill will help promote the efficient operation of councils.

The Christian Democratic Party is concerned about the provisions in the bill with respect to by-elections that arise from a casual vacancy. The bill will allow a council to apply to the Minister to dispense with a by-election where a casual vacancy occurs within 12 months of an ordinary election. The argument in support of the proposition is that it will save the cost of the by-election. As honourable members would be aware, quite often councils are evenly divided on many issues and every vote of a councillor is important. If a by-election is not held for 12 months, many people will not be represented. I urge the Government to monitor this provision. There is justification for such a provision if a councillor retires or is deceased and the remaining 11 agree that a by-election should not be held, but if council is divided for political reasons, it could be an abuse of local government processes not to hold a by-election for 12 months. In other words, it should be the view of the overwhelming majority of councillors not to hold a by-election.

Another provision requires the general manager to promptly report to a council meeting where a court or tribunal makes an order as to costs against council or when a penalty notice is received. I find it strange that up until now the general manager was not required to advise council because the general manager is a servant of the council. If the general manager had advised that expensive court action should be undertaken using ratepayers' money without advising councillors, they would be unaware whether the advice was given in good faith when the case was lost. The final amendment allows councils to serve rates and charges notices electronically as an alternative to the post. That provision brings councils up to date with the latest electronic processes and will provide greater efficiencies. We support the bill”, Rev Nile said.