In the media – National
Councils are "leading action" on climate
change
Local governments are increasingly adopting corporate
emissions reduction targets but are challenged by a lack of
resourcing, report finds. Most of the councils (70 per cent)
reported working in partnership with local community organisations
on energy initiatives and over half (53 per cent) worked with their
state's local government association (21 May 2018).
More...
In the media – Queensland
Local government suspensions: fate of Ipswich Council in
the balance
Ipswich Council has made a final submission to
Queensland's Minister for Local Government against the entire
council being stood down, saying its poor governance to sack
"entirely innocent" persons (25 May 2018).
More...
CCC widens its investigation into Gold Coast Mayor Tom
Tate
The Crime and Corruption Commission investigates claims
Cr Tate failed to declare possible conflicts of interest during
council votes on a $1.3 billion Chinese-owned development (25 May
2018).
More...
Statement from Local Government Minister Stirling
Hinchliffe
His Excellency the Honourable Paul de Jersey, Governor of
Queensland, granted assent to Local Government reform legislation
passed by State Parliament on Thursday 17 May. The laws took effect
from today and triggered the immediate suspension of four Mayors
and one Councillor. Under section 165 of the Local Government Act,
the Deputy Mayors in the affected councils will assume the roles
and responsibilities of acting Mayor (21 May 2018).
More...
Bespoke BMX park keeps kids active in town once known
for its weight problem
Toowoomba council let cyclists construct a jump park,
setting aside a bushland park to become the Stenner Street Skills
Park and donated money to assist in its construction (20 May 2018).
More...
Five councillors face suspension 'within days'
under new new local government laws
Five Queensland mayors and councillors, including Logan
Mayor Luke Smith and Ipswich Mayor Andrew Antoniolli, face
immediate suspension under new laws designed to help restore
confidence in local government (18 May 2018).
More...
PCA: Reforms passed for Local Government conduct
The Queensland Parliament has passed the Local
Government (Councillor Complaints) and Other Legislation Amendment
Bill 2018. Amendments made to the Local Government Act
2009 and Public Service Act 2008 will have the effect
of providing the State Government greater powers to suspend or
dismiss a council or councillor where it is deemed in the public
interest (17 May 2018).
More...
Mayors, councillors face suspension as new laws passed
in Qld Parliament
Logan Mayor Luke Smith and Ipswich Mayor Andrew
Antoniolli are among five councillors now facing immediate
suspension after the Queensland Government passes new laws on
standards in local government (17 May 2018).
More...
$1.95 million planning boost for innovative Queensland
councils
Local councils with ideas to improve their planning
systems will share in $1.95 million funding through the second
round of the State Government's Innovation and Improvement Fund
(17 May 2018).
More...
Murray Darling deal welcomed
The LGAQ and Balonne Shire Council have welcomed the
Federal Government's deal with Labor to ensure the
Murray-Darling Basin Plan remains intact, with most recommendations
from the Northern Basin review agreed on (16 May 2018).
More...
Palaszczuk Government bolsters CCC's corruption
fighting capability
The Palaszczuk Government will bolster Queensland's
capability to tackle corruption in local government, today
announcing $7.4 million additional funding for the State's
Crime and Corruption Commission (15 May 2018).
More...
Multi-million-dollar island development knocked back
near Gladstone
As idyllic islands up and down the Great Barrier Reef sit
in ruins, a regional Queensland council knocks back a
multi-million-dollar resort development (17 May 2018).
More...
Councils' coastal risk: study points to resource
shortage
As Queensland councils spearhead programs to mitigate the
impact of rising sea levels, new research warns some local
authorities lack capacity to manage coastal risks (15 May 2018).
More...
In the media – Victoria
Ratepayers concerned they will foot the bill for class
action against Wodonga City Council
The costs associated with Wodonga City Council defending
itself against a class action could ultimately fall to ratepayers
(24 May 2018).
More...
'Rotten apple' councillors face lengthy bans in
Victoria under harassment laws shake-up
Misbehaving councillors and mayors found guilty of gross
misconduct could be removed by the State Government or disqualified
from running for up to eight years, under proposed changes to the
local government act in Victoria (23 May 2018).
More...
New Local Government Act to improve our councils
The Andrews Labor Government will modernise
Victoria's local councils with new laws to lift standards of
governance and make councillors more accountable to the ratepayers
they represent (23 May 2018).
More...
In the media – New South Wales
Any Sydney council can now apply to limit housing
development
In a bid to quell community anger about overcrowding, all
Sydney councils can now ask to be exempt from new building codes
that make it easier for homes to be subdivided (18 May 2018).
More...
PCA: Halting Sydney's housing supply will push up
house prices
Property Council NSW Executive Director Jane Fitzgerald
said abandoning the medium density "missing middle"
housing code only weeks after it was released was a terrible
outcome. Sensible reforms such as the medium density housing code
will deliver more homes whilst still maintaining the existing local
character of suburbs; it is an approach that will make homes more
affordable while still providing Councils with the power to make
planning decisions (16 May 2018).
More...
In Practice and Courts
Now open: Round 2 Smart Cities and Suburbs Program
Councils are encouraged to apply for Round Two of the
Government's Smart Cities and Suburbs Program, which commits
$22 million to support local governments to solve local problems.
For the full guidelines click
here. For more information about the Smart Cities and Suburbs
click here.
Applications close on 2 July 2018. (17 May 2018).
OAIC Key dates
Australian Government Agencies Privacy Code
Commences 1 July 2018.
Australia 2021 Census – Have your say
The Australian Bureau of Statistics
(ABS) is
reviewing information in the 2021 Census of Population and
Housing to ensure the data collected will meet Australia's
needs to inform decisions made by governments, community
organisations, businesses and individuals. A public consultation
has been launched and councils are encouraged to make a
submission before the 30 June closing date.
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. A
discussion paper is 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.
Get the details
Local Government Regulation & Compliance
Conference
24 - 25 July 2018, Sydney - The national conference will
examine strategic approaches to regulatory compliance. Strategies
will be evaluated and successes measured. The forum will provide a
platform to discuss how the sector as a whole can strive for
consistency. High-level strategic themes will be tackled so that
lessons can be applied across all compliance divisions within local
government. Download the
conference program and see who is speaking
Bills
Local Government Bill
2018
Date of second reading speech: 24 May 2018. The bill
repeals and replaces the Local Government Act 1989 and
will usher in landmark reforms, including:
- Giving the Minister for Local Government the power to suspend individual councillors who pose a significant threat to the governance of a council for up to a year
- Clearly defining sexual harassment under the Councillor Code of Conduct and introducing the power to remove councillors for serious sexual harassment
- Allowing mayors serving two-year terms to be ousted from their roles, following a motion moved by at least three-quarters of all councillors in office
- New measures to ensure service charges levied by Councils do not exceed the cost of those services.
Queensland
LGAQ: Don't miss out on $1.95 million of
funding
Round 2 commenced with a new informal pre-application
stage until 1 June 2018 to the Department of State Development,
Infrastructure and Planning for consideration and feedback.
Following the pre-application stage, round 2 will be open for
formal submissions for eight weeks, closing 27 July 2018. Updated
funding guidelines are applicable for round 2 and applications can
be submitted
online (25 May 2018).
LGAQ: Update: New local government legislation
The Belcarra Bill received royal assent on 21 May and has
entered into force (except for the property developer donation
provisions which will commence by proclamation at a date TBC). The
Department has released Guidelines for your assistance. We break
down the provisions contained in the new legislation (21 May 2018).
More...
This Bill implements 5 out of the 31 recommendations in the
Crime and Corruption Commission's (CCC)
Belcarra Report (recommendations 20 and 23-26) and introduces
additional dismissal and suspension powers. The LGAQ will continue
to prosecute the
Beyond Belcarra proposals endorsed by the Policy Executive with
the Government following the passage of this legislation.
The Department of Local Government, Racing and Multicultural
Affairs has issued
two bulletins with guidelines to assist elected members comply
with the new requirements, particularly in relation to management
of conflicts of interest.
CC Prosecutions
Brisbane man charged with money laundering - 18 May 2018
A 61-year-old Eight Mile Plains man has been charged at the
Brisbane City Watch house with money laundering following a Crime
and Corruption Commission (CCC) investigation
related to Ipswich City Council.
Victorian man charged with Official Corruption - 16 May
2018
A 60-year-old man from Victoria has been served with a Notice to
Appear in Court following an ongoing Crime and Corruption
Commission (CCC) investigation into an Ipswich
City Council matter.
Kalinga man charged with forgery - 15 May 2018
A 47-year-old man from Kalinga has been served with a Notice to
Appear in Court to face charges of forgery following a Crime and
Corruption Commission (CCC) investigation into a
Ipswich City Council matter.
OIC Queensland: Compliance audit report – Ipswich
City Council
On Thursday, 17 May 2018, the Chair of the Legal Affairs
and Community Safety parliamentary committee tabled our audit
report of Ipswich City Council's compliance with the Right
to Information Act 2009 (Qld) and the Information Privacy
Act 2009 (Qld), making 12 recommendations (17 May 2018).
More...
Local Laws
Queensland Government Gazette of 18 May 2018
City of Brisbane Act 2010
Gazettal of making on 8 May 2018 a local called the Animals
Local Law 2017. The Law commences on 1 July 2018 and repeals
the 2003 local law of the same name and the 2003 Subordinate Local
Law.
Local Government Act 2009
Gazettal of Logan City Council (Making of Local Law) Notice
(No. 1) 2018 relating to making on 15 May 2018 of Local
Law No. 8 (Waste Management) 2018 and an associated amending
local law to consolidate rubbish bin requirements.
Sustainable Planning Act 2009
Gazettal of an amendment to an item published in No 46 of the
Gazette, published on 27 April 2018, at page 481 relating to
Adoption of Amendment No.4 to Schedule 6, Sch 6.6 – Planning
Scheme Policy No. 6 – Heritage Places by the Toowoomba
Regional Council.
Review of the Product Stewardship
Act 2011 (including the National Television
and Computer Recycling Scheme)
The Department of Environment and Energy (Commonwealth)
is seeking input from industry, governments and the general public
to ensure the Product Stewardship Act 2011 is effective
and delivering the best outcomes for business and the environment.
The framework includes voluntary, co-regulatory and mandatory
product stewardship schemes and is of significant relevance to
local government. The LGAQ will be making a submission to the
Department and is seeking your input into this matter by 8 June
2018.
More...
Land Valuations Online
The new land valuation data for 2018 can be accessed
online at www.qld.gov.au/landvaluation.
More....
New South Wales
ICAC Prosecutions
Operation Dasha public inquiry into allegations concerning former
Canterbury City Council starts Monday
The Operation Dasha investigation public inquiry into allegations
concerning the former Canterbury City Council is adjourned until
Tuesday, 12 June 2018.
More housing options for NSW: Low Rise Medium Density
Housing Code
The
new Code will allow one and two storey dual occupancies, manor
houses and terraces to be built under fast-track
complying development approval across NSW and also promotes
good design for medium density housing. Low rise medium density
housing as complying development is only allowed where medium
density development is already permitted under a council's
local environmental plan. The Medium Density Housing Code will
commence on 6 July 2018.
Greenfield Housing Code
The changes start on 6 July 2018, the new Code will be
included in the State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008. In essence; it is a
simplifying of the development process and aligning the
requirements for development across greenfield areas; the planning
rules and the code are also presented in plain English to clearly
explain planning rules. Note: There will be a three-year
transitional period, where applicants can choose whether to use the
Greenfield Code, or the new simplified Housing Code or Transitional
Code (until 13 July 2019).
More...
Victoria
EPA Review of Residential Noise Regulations
EPA Victoria is reviewing the Environment Protection
(Residential Noise) Regulations 2008, due to expire on 14
October. EPA is proposing to renew the regulations, with two small
changes to the rules regarding air conditioner noise. Councils,
other stakeholders and the public are invited to provide
feedback on this proposal. The written submissions period runs
from 8 May to 18 June.
MAV: Draft State Environment Protection Policy (Waters)
for comment
We have prepared a
draft submission in response to the draft State Environment
Protection Policy (Waters) – SEPP Waters – which is
proposed to come into effect following the expiry of the current
SEPP (Waters of Victoria). Issues relevant to councils include
urban stormwater management, road run-off and onsite domestic
wastewater management. A
Members Brief will assist councils' understanding of the
scope and issues. Council feedback on our proposed response is
welcome by 13 June.
Product Stewardship Act Review:
The State has released
a consultation paper for the
review of the Product Stewardship Act 2011. The Act
outlines ways to manage the environmental, health and safety
impacts of products, in particular the impacts associated with the
disposal of products and associated waste. We will prepare a
submission in consultation with councils. The deadline is 29
June.
Cases
New South Wales
Briscoe-Hough v Tegg [2018]
NSWCATAD 108
Local Government – election of councillors
–irregularities in nomination forms – need to prove
factual basis to find an irregularity – held no relief under
s.329 of Local Government Act because failure to prove that result
of the election was thereby uncertain – application dismissed
as misconceived.
Amos v Central Coast Council
[2018] NSWCATAD 101
ADMINISTRATIVE LAW – government information –
forms of access – provision of inspection access only –
whether provision of copy access would involve an infringement of
copyright – whether Tribunal is entitled to consider fair
dealing exception under copyright legislation when determining
whether there would be a copyright infringement – whether it
is agency's purpose or applicants' purpose which is
relevant for application of fair dealing exception in context of
access application.
Accordingly, I find that the Council copying the documents for the
applicants would involve an infringement of copyright within
s.72(2)(c) of the GIPA Act and that the Council is therefore
entitled to provide access in a different way. For these reasons,
the correct and preferable decision as to the form of access is
that made by the Council (Administrative Decisions Review
Act, s.63(1)).
DBT v DJG [2018] NSWCATAD
102
ADMINISTRATIVE REVIEW – privacy – conduct of
agency – whether disclosure of personal information –
insufficient evidence to make finding of fact.
This is an application under the Privacy and Personal
Information Protection Act 1998 (NSW) (PPIP
Act). The applicant, DBT, is a former employee of a
Council in the Sydney region who seeks review of a decision that
the Council did not breach the applicant's privacy by
disclosing his personal information.
In late 2015 DBT resigned from his position on the staff of the
Council. He states that his resignation came after a prolonged
period of bullying and victimisation of him by senior staff of the
Council.
Hardy v Ku-ring-gai Council
[2018] NSWLEC 1245
PROCEDURE: application to reopen case to adduce an
amended written request to vary a development standard; application
granted; procedural jurisdictional issue only and no prejudice
caused to the respondent.
Ingoal Acquisitions Pty Ltd v Burwood
Council [2018] NSWLEC
1244
DEVELOPMENT APPLICATION: consent orders; residential flat
building; adjacent to a local heritage item; contentions addressed
by amendments to the proposal.
Hardy v Ku-ring-gai Council (No. 2)
[2018] NSWLEC 1246
DEVELOPMENT APPLICATION: alterations and additions to an
existing dwelling; exceedance of the height of buildings
development standard; impact on the heritage significance of the
local heritage item; whether an "amber light" approach is
appropriate.
Kingsland Developments Australia Pty Ltd v City of
Parramatta Council [2018] NSWLEC
1241
DEVELOPMENT APPLICATION: part nine storey and part five
storey shop top housing; Non- compliance with height development
standard and whether cl.4.6 of local environmental plan is
satisfied; Setbacks; Internal apartment amenity.
Baron Corporation Pty Ltd v Wingecarribee Shire
Council [2018] NSWLEC
1243
APPEAL: construction certificate; subdivision; stormwater
discharge; council reserve; consistency with development consent;
flooding; roads works permit. Local Government Act 1993;
Wingecarribee Local Environment Plan 2010.
Cachia v Parramatta City Council
[2018] NSWLEC 78
PRACTICE AND PROCEDURE – summary dismissal of
proceedings – Class 2 proceedings challenging validity of
order made under s.124 of the Local Government Act 1993
– order the subject of the proceedings revoked by Respondent
Council – Applicant declined to discontinue proceedings
– basis for Court's jurisdiction no longer extant –
irregularity of proceedings - proceedings dismissed pursuant to r
31.1 of the Land and Environment Court Act 1979 or, in the
alternative, r.13.4 of the Uniform Civil Procedure Rules 2005.
Local Government Act 1993 ss.7, 21, 124, 125, 153(1), 180.
Canal Aviv Pty Ltd v Roads and Maritime
Services [2018] NSWLEC
52
COMPULSORY ACQUISITION - portion of landholding acquired
for WestConnex project - agreement on value of acquired land - no
agreement on impact on value of residue land - consideration of
impacts on residue land - overall negative impact on residue land -
extent of impact on value determined - compensation to be ordered
MODEL LITIGANT POLICY - applicant complains respondent has not
acted in accordance with its obligations imposed by the State's
Model Litigant Policy - not a matter for the Court - alternative
avenues for complaint lie in the hands of the applicant COMPULSORY
ACQUISITION - claim for stamp duty for replacement property -
Fitzpatrick basis for considered and rejected - consideration of
decision in SNS - SNS provides no alternative basis for claim -
stamp duty claim rejected COMPULSORY ACQUISITION - claim for
reimbursement for land tax - claim made as either part of market
value or as a disturbance claim pursuant to s.59(1)(f) of the
Land Acquisition (Just Terms Compensation) Act 1991 -
neither statutory provision provides support for the claim - claim
rejected.
Faseas v Coffs Harbour City Council
[2018] NSWLEC 1249
DEVELOPMENT APPLICATION: whether time to appeal had
lapsed; dual occupancy; minimum lot size; adequacy of
information.
Ku-ring-gai Council v Pathways Property Group Pty
Ltd [2018] NSWLEC
73
APPEAL - proposed additions and alterations to an aged
care facility - application reliant on State Environmental
Planning Policy (Housing for seniors and people with a disability)
2004 – s.56A appeal against decision of Commissioner to
approve development - four grounds of appeal – Ground 1
alleges proposed development prohibited on the basis that State
Environmental Planning Policy (Housing for Seniors and People with
a Disability) 2004 was not available to approve proposed
development - Ground 1 not raised before the Commissioner - whether
jurisdiction to raise on appeal - within jurisdiction - merit
– Ground 1 not established - however, if Ground 1
established, proper course to remit the matter to a Commissioner as
Ground 1 not necessarily a complete bar to the proposed development
– Grounds 2 to 4 pleaded defects in Commissioner's
reasoning to approve proposed development - no defects in
Commissioner's approach - appeal dismissed COSTS - no reason
why costs should not follow the event - Appellant ordered to pay
Respondent's costs as agreed or assessed.
Ku-ring-gai Council v John David Chia (No
4) [2018] NSWLEC
75
PRACTICE AND PROCEDURE – interlocutory application
– evidence – criminal trial – application by
defendant to exclude evidence under s.138 of the Evidence Act
– interview given by defendant against his objection –
transcript of interview provided to investigator – transcript
referenced by investigator whilst interviewing material witnesses
– whether witnesses should be precluded from giving evidence
– whether evidence improperly obtained STATUTORY
INTERPRETATION – statute conferring the power to compulsorily
interview – privilege against self-incrimination –
whether fundamental right abrogated in the context of the statute
– principles of construction – principle of legality
– whether use of plain words or necessary implication.
Prilis v Inner West Council
[2018] NSWLEC 1227
APPEAL – modification application – role of
the Court in considering a modification application –
modification sought change from shared facilities to self-contained
boarding rooms – whether substantially the same –
whether the change creates additional parking demand –
whether a condition limiting occupancy numbers can be modified
– relevance of change to contributions plan.
Kamenev v Woollahra Municipal Council (No
2) [2018] NSWLEC
1228
DEVELOPMENT APPLICATION: construction of a new dwelling;
impacts on harbour views from neighbouring properties and the
public domain; whether a current development consent for the site
is a relevant matter for consideration.
Redman v McSwiney and Maclure
[2018] NSWLEC 1230
TREES (DISPUTES BETWEEN NEIGHBOURS) – whether the
tree has caused damage – whether further damage is likely
– tree removal would be disproportionate.
Knight v Simmons [2018] NSWLEC
1231
TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to
property including sewer pipes – terracotta sewer pipes
– root identification – one of two trees has been
removed – whether the remaining tree has caused damage
– compensation sought for past pruning costs –
compensation sought for sewer repair – reasonable attempt to
reach agreement required at s.10(1) – notice of the
application required at s.8 – self-represented litigant
– could the respondents have prevented the damage.
Inner West Council v Prilis
[2018] NSWLEC 72
ENVIRONMENTAL OFFENCES: Use of land without consent
– plea of guilty – sentencing principles –
environmental harm – aggravating and mitigating factors
– agreement to pay costs, but amount not settled – fine
proposed.
Legislation
Queensland
Bills Updated
Local Government Electoral (Implementing Stage 1 of Belcarra) and
Other Legislation Amendment Bill
Stage reached: Consideration in detail on 16/05/2018 royal
assent 21/05/2018 and has entered into force (except for the
property developer donation provisions which will commence by
proclamation at a date TBC).
Ministerial and Other Office Holder Staff and Other Legislation
Amendment Bill 2018
Introduced on 15/05/2018 Stage reached: Referred to Committee
on 15/05/2018.
Electoral Legislation (Political Donations) Amendment Bill
2018
Introduced on 16/05/2018 Stage reached: Referred to Committee
on 16/05/2018.
Local Government (Councillor Complaints) and Other Legislation
Amendment Bill 2018
Stage reached: Consideration in detail on 16/05/2018; Assent
17/05/2018.
Queensland Parliament has passed the Bill (17/05/2018) aimed at providing a streamlined system for making, investigating and determining complaints about councillor conduct. Amendments made to the Local Government Act 2009 and Public Service Act 2008 will have the effect of providing the State Government greater powers to suspend or dismiss a council or councillor where it is deemed in the public interest. Among other changes, the Bill also:
- Establishes an Independent Assessor to investigate and deal with conduct complaints related to councillors,
- Reallocates the functions of the current Local Government Remuneration and Discipline Tribunal and the Regional Conduct Review Panels to a new Councillor Conduct Tribunal and Local Government Remuneration Commission,
- Allows certain review rights for decisions about councillor conduct and judicial review of an administrative decision of a local government,
- Mandates a code of conduct (made by the Minister) to set appropriate standards of behaviour for councillors in performing their functions ,
- Provides greater protection for local government employees and councillors who make complaints against councillors.
The provisions of the Bill apply to all local governments other than Brisbane City Council.
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.
