Leading by example? The Minister’s
actions in the proposed Metropolitan
Local Government reform
Denis McLeod McLEODS
The Minister for Local Government and Communities (Minister) has a very solemn and important function under
the Local Government Act 1995 (WA) (LG Act) of supervising local governments in the State, and ensuring
they perform their functions properly. Under s.8.19 of the LG Act, the Minister is empowered to suspend a local
government for failure to perform its functions properly, and that would lead to an Inquiry under Part 8 and may
result in the dismissal of the Council pursuant to s.8.25.
The Minister in supervising local governments, and
to establish a standard of proper conduct, ought to
perform his own functions under the LG Act not only
properly, but in a manner that is exemplary.
“By lodging the 12 proposals,
apparently crafted to avoid multiple
In initiating the Metropolitan Local Government
district abolitions in all except the
reforms in late 2013, the Minister lodged with the Local
Government Advisory Board (LGAB) 12 extremely
western suburbs… the question could
brief proposals which extraordinarily affected 27 of the
30 metropolitan local governments. The effect of the
be asked as to whether the Minister has
Minister’s 12 proposals was extraordinary, considering
performed his function properly.”
that if the proposals were ultimately to form the basis
for recommendations by the LGAB, they would
have the effect of reducing the 30 metropolitan local
governments to 15. Effectively 15 metropolitan local governments would be abolished on the Minister’s proposals.
A single proposal abolishing the 15 local governments would undoubtedly have triggered off the Parliament
imposed democratic guarantee in cl. 8 of Sch. 2.1 of the LG Act, of the possibility of polls by electors in the 27 local
government districts affected by the single proposal.
By lodging the 12 proposals, apparently crafted to avoid multiple district abolitions in all except the western suburbs
(where no amount of subtlety or ingenuity could avoid it), the question could be asked as to whether the Minister has
performed his function properly.
Given the example the Minister’s conduct must provide to local governments as to proper performance of their
functions, the Minister ought to have insisted that the proposals prepared for him were, on their face and by their
effect, honest, forthright, fair and not calculated to abort a critically important democratic guarantee which the
Parliament has embedded in the LG Act.
The action recently commenced in the Supreme Court by a concerned citizen and three affected local governments
will, amongst other things, shine a spotlight on the Minister’s performance of his functions in relation to the 12
proposals. Win or lose, the action will provide an opportunity for public scrutiny and consideration of the fairness and
propriety of the Minister’s actions in the allegedly unforced amalgamation process. Every right thinking person must
applaud the fact that a process which would radically alter the structure of metropolitan local government, has the
chance to be subjected to independent scrutiny by the Supreme Court.
Impact on local government relationships
It is disturbing to see how the process initiated by the Minister’s proposals has already radically affected the fabric
of local government in the metropolitan area. For decades, the process of local government has been carried out
in the metropolitan area with a high degree of mutual cooperation and trust between individual local governments.
Changes in the boundaries of districts where changes have occurred, have been carried out generally in a spirit of
cooperation and good will; frequently proposals having
been initiated by the electors of the areas affected. The
“…for the Minister to initiate a change to
least effect of the forces unleashed by the Minister’s
proposals has been to place in bitter conflict local
local government boundaries affecting 27
governments which have co-existed cooperatively for
decades.
of the 30 metropolitan local governments
An interested and knowledgeable observer from
outside the local government sphere could not avoid
being deeply saddened by the anger, distrust and
resentment that presently dominates the scene. If the
task had been approached with good will, then there
can be no doubt that a better way could have been
found, and the Minister and those supposed to advise
him, ought to have striven for it.
without ensuring in advance that the
radical changes would be fully funded,
would in ordinary circumstances be seen
as very bad governance.”
Finally, for the Minister to initiate a change to local
government boundaries affecting 27 of the 30 metropolitan local governments without ensuring in advance that
the radical changes would be fully funded, would in ordinary circumstances be seen as very bad governance.
What example are the State’s local governments to draw from that? A reform desired by, and effectively
implemented by State Government, it now emerges is to be paid for by local government constituents who, in their
role as electors, were deprived of the democratic poll on recommendations arising from the proposals, that the LG
Act properly offers.
For further information in regard to the above, contact Denis McLeod on 9424 6201 or [email protected].
au. The information contained in this update should not be relied upon without obtaining further detailed legal
advice in the circumstances of each case.
Stirling Law Chambers 220 - 222 Stirling Highway Claremont WA 6010
Telephone (08) 9383 3133 Facsimile (08) 9383 4935 Email [email protected]