Role of Local Government DISCUSSION PAPER OCTOBER 2012 Division of Local Government, Security and Emergency Management Department of Premier and Cabinet ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER Table of Contents PURPOSE STATEMENT ............................................................................................. 4 PROJECT OVERVIEW ................................................................................................. 5 Introduction .................................................................................................................................................................... 5 Objective .......................................................................................................................................................................... 5 Process............................................................................................................................................................................... 6 ROLE OF LOCAL GOVERNMENT .................................................................... 8 Describing The Role of Local Government ................................................................................................10 Question 1 ....................................................................................................................................................................11 CAPABILITIES ................................................................................................................ 12 The Purpose of the Capabilities ........................................................................................................................12 The Draft Capabilities .............................................................................................................................................12 Question 2 ....................................................................................................................................................................24 Question 3 ....................................................................................................................................................................24 STATEMENTS OF SUCCESS ............................................................................... 25 The Purpose of Statements of Success .........................................................................................................25 NEXT STEPS .................................................................................................................. 26 ATTACHMENTS ......................................................................................................... 27 Attachment A – Working Group Terms of Reference ........................................................................27 CA465740 Department of Premier and Cabinet 2/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER Attachment B – Literature review ....................................................................................................................31 Attachment C - Other jurisdictions .................................................................................................................35 CA465740 Department of Premier and Cabinet 3/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER Purpose Statement There has been widespread recent public debate regarding the future of Local Government in Tasmania. A number of reports have been commissioned and many views expressed, particularly with regard to the preferred number of councils in Tasmania, and boundaries of council areas. A key barrier to identifying an appropriate way forward for Local Government in Tasmania is the lack of agreement on either the ‘solution’ or the ‘problem’ across stakeholders. The Role of Local Government project seeks to build a solid foundation upon which the State and Local Governments and other stakeholders can clearly identify the nature of the ‘problem’ and the associated opportunities that need to be considered in any future discussion of reform. This is an exercise of problem definition. The information gathered through this project will be used by the State Government and Local Government to pinpoint areas where current arrangements are inadequate and do not allow Local Government to fully deliver its core role. The project will help to identify the key challenges facing Local Government. Importantly, the State Government and Local Government will use evidence gathered through this project to inform debate around the future of Local Government. The evidence will also be available to Local Government to guide its decision making. CA465740 Department of Premier and Cabinet 4/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER Project Overview INTRODUCTION The Role of Local Government project was initiated and is being overseen by the Premier’s Local Government Council (PLGC). The project will be carried out in two phases. This first phase involves identifying the role of Local Government and the capabilities that Local Government requires to fulfil its role. Phase one will set the framework for the second phase which will review Local Government in the context of the established roles and capabilities. This discussion paper relates only to the first phase of the project. A final report on phase one of the project is scheduled to be considered by the PLGC at its December 2012 meeting. OBJECTIVE The objective of this phase of the project is to identify the core elements of the role of Local Government and the key capabilities that are required to support that role. The role will be defined by statements that clearly outline each area of responsibility of Local Government. Collectively, these statements should define the core role of Local Government. The role will be further defined by statements of success and capability descriptions. The capability descriptions will describe in detail the capabilities councils need to be able to maintain to fulfil the role of Local Government. Statements of success will provide a guide against which current capabilities can be considered. The role statements, capability descriptions and statements of success will be used in phase two of the project to identify areas of strength and gaps in the capabilities of Local Government and opportunities to enhance local government service delivery and governance. They will also be used to discuss the relative merits of options that could be considered for future reform of the sector. CA465740 Department of Premier and Cabinet 5/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER PROCESS A project working group has been established to progress the project on behalf of the PLGC. The terms of reference for the working group are at Attachment A. The working group consists of the following members: Mathew Healey (Chair), Division of Local Government, Security and Emergency Management Gary Swain, Department of Infrastructure, Energy and Resources Greg Alomes, Tasmanian Planning Commission Neil MacKinnon, Tasmanian Chamber of Commerce and Industry Allan Garcia, Local Government Association of Tasmania Andrew Paul, Clarence City Council Greg Preece, Meander Valley Council The working group developed this discussion paper including the draft role descriptions and capabilities. This discussion paper is the basis for the current consultation period which will run for five weeks from 11 October 2012 – 19 November 2012. CA465740 Department of Premier and Cabinet 6/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER Councils are invited to participate in regional workshops to further discuss and provide feedback on the project. Please register your attendance at one of the workshops by phone on 6232 7022 or by email at [email protected]. The details of the workshops are as follows: Region Date Time North-West 15 October 2012 10.00 am – 12.00 noon South 17 October 2012 10.00 am – 12.00 noon North 23 October 2012 10.00 am – 12.00 noon Venue Burnie Arts & Function Centre VIP Room 77-79 Wilmot Street Burnie Bahai Cantre of Learning Tranquility Room 1 Tasman Highway Hobart Clarion Hotel City Park Grand 22 Tamar Street Launceston Feedback from the consultation period will inform the development of a final report to be prepared by the working group which will be considered by the PLGC at its December 2012 meeting. CA465740 Department of Premier and Cabinet 7/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER Role of Local Government Describing the role of Local Government provides a starting point for discussion regarding the future of Local Government. Importantly, it will also provide a basic shared understanding among stakeholders of the role of Local Government. The description of the role of Local Government is intended to be high level: a set of statements that fully encapsulate the spectrum of the core role of Local Government. The role of Local Government in Tasmania is described in the Local Government Act 1993 as: (1) In addition to any functions of a council in this or any other Act, a council has the following functions: (a) to provide for the health, safety and welfare of the community; (b) to represent and promote the interests of the community; (c) to provide for the peace, order and good government of the municipal area. (2) In performing its functions, a council is to consult, involve and be accountable to the community. (3) A council may do anything necessary or convenient to perform its functions either within or outside its municipal area. This broad description is useful as a foundation for further discussion around the role of Local Government. However, the working group believes that the description is not adequately detailed for the purposes of the Role of Local Government project. The working group is of the view that in the simplest terms the role of Local Government is to: foster the unique character of the local government area; be a strategic decision maker; maximise the economic, social and environmental value of land; CA465740 Department of Premier and Cabinet 8/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER promote economic development; deliver services and manage assets; undertake statutory responsibilities; represent the needs of communities; and engage with and understand communities. The draft role descriptions are designed to be a starting point for discussion. It is anticipated that they may change dramatically following consultation. It is noted that the Act defines the role of the elected membership of a council separately from the role of the general manager of a council. While this is acknowledged, for the purposes of this project the council is considered as a collective and does not differentiate between the elected members and the corporate functions of councils. CA465740 Department of Premier and Cabinet 9/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER DESCRIBING THE ROLE OF LOCAL GOVERNMENT The working group proposes the following role descriptions that describe the role of Local Government. 1. Councils understand and foster the unique character of the communities within their local government area. Councils promote a sense of place and build community pride through the delivery of unique community events, services and assets. 2. Councils enable individuals and organisations to actively engage in local decisions that impact on local communities. Councils engage with the community by providing information to and consulting with individuals and organisations. Councils also maintain mechanisms to ensure that members of the community are involved in local decision making. 3. Councils are strategic decision-makers that work to understand and meet the current and future needs of communities by considering both local circumstances and the impacts on local communities of the broader State, national and international environment. Through sound decision-making, councils enhance the social, environmental and economic values of their municipal area, including by supporting individuals and organisations to generate private value while preserving and enhancing commonly held public value. 4. Councils, as planning authorities, guide the use of land to maximise its productive, environmental and social value and ensure that development aligns with the needs and expectations of communities. 5. Councils pursue the local economic interests of communities by working with the business and development community to attract and retain investment at the local level. CA465740 Department of Premier and Cabinet 10/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER 6. Councils are administrators that deliver services and maintain assets that are best managed at the local level to reflect local needs and expectations. Councils actively engage with local communities to determine the level of assets and services that can be reasonably sustained. 7. Councils translate State and Commonwealth legislation into a local context. Councils serve their communities through enforcement and appropriate interpretation of the range of State and national legislation that relates to Local Government. Councils identify the need for and create by-laws as required. 8. Councils engage with each other and with the State and Commonwealth Governments to represent and advocate the needs of their communities, and to ensure that government activities are coordinated and have the greatest positive benefit for communities. QUESTION 1 DO YOU AGREE THAT THE PROPOSED ROLE DESCRIPTIONS DESCRIBE THE ROLE OF LOCAL GOVERNMENT? IF NOT, HOW WOULD YOU AMEND THE PROPOSED ROLE DESCRIPTIONS? CA465740 Department of Premier and Cabinet 11/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER Capabilities THE PURPOSE OF THE CAPABILITIES The capabilities further define the proposed role of Local Government. The capabilities draw out the key elements of each of the role statements and identify the capabilities required by councils to fulfil the role of Local Government. THE DRAFT CAPABILITIES The draft capabilities are defined in the tables over the following pages. CA465740 Department of Premier and Cabinet 12/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER Role 1. Councils understand and foster the unique character of the communities within their local government area. Councils promote a sense of place and build community pride through the delivery of unique community events, services and assets. Capability 1.1 place-shaping Capability description 1.1.1 The council has the expertise and capacity to understand what is unique about the communities in its local government area and offer/support events, services and assets that align with and foster community character. CA465740 Department of Premier and Cabinet 13/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER Role 2. Councils are strategic decision-makers that work to understand and meet the current and future needs of communities by considering both local circumstances and the impacts on local communities of the broader State, national and international environment. Through sound decision-making, councils enhance the social, environmental and economic values of their municipal area, including by supporting individuals and organisations to generate private value while preserving and enhancing commonly held public value. Capability 2.1 Ability to plan strategically 2.2 manage finances and assets 2.3 manage its human resources Capability description The council has the expertise and capacity to: understand and address the current and future needs, challenges and opportunities of the community; consider the current and future needs of the community in the context of the state, national and international environment; ensure that all decision-makers are informed; identify and prioritise the needs, challenges and opportunities of local communities; and measure progress against plans. The council has the expertise and capacity to: raise revenue in line with its strategic and asset plans; and manage its finances and assets to meet the needs of communities and ensure long-term financial sustainability. The council has the expertise and capacity to: access human resources with appropriate skills to assist the council to meet its strategic objectives; attract, develop and retain staff; and manage occupational health and safety. CA465740 Department of Premier and Cabinet 14/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER Role 3. Councils, as planning authorities, guide the use of land to maximise its productive, environmental and social value and ensure that development aligns with the needs and expectations of communities. Capability 3.1 strategic landuse planning 3.2 community engagement 3.3 assessment 3.4 monitoring and enforcement Capability description The council has the expertise and capacity to understand the environmental, social and economic potential of land within the municipal area; and work with communities to generate local and regional strategic plans that maximise the sustainable public and private return from land use. The council has the expertise and capacity to actively work with stakeholders and communities to ensure that plans are understood and can be efficiently translated in the use and development of applications. The council has the expertise and capacity to assess development and use applications against the appropriate planning instruments. The council has the expertise and capacity to monitor and enforce compliance with land use and development conditions. CA465740 Department of Premier and Cabinet 15/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER Role 4. Councils pursue the local economic interests of communities by working with the business and development community to attract and retain investment at the local level. Capability 4.1 Capability description The council has the expertise and capacity to engage constructively with the business and development community. CA465740 Department of Premier and Cabinet 16/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER Role 5. Councils are administrators that deliver services and maintain assets that are best managed at the local level to reflect local needs and expectations. Councils actively engage with local communities to determine the level of assets and services that can be reasonably sustained. Capability 5.1 maintain asset and service standards 5.2 maintain service standards Capability description The council has the expertise and capacity to: provide assets to a reasonable level determined by the community; implement contemporary long-term asset management systems that ensure assets are maintained in a condition that meets the identified needs of the community; and access resources to ensure the efficient maintenance and replacement of assets. The council has the expertise and capacity to: provide services to a reasonable level determined by the community; identify circumstances where services cannot be provided at the level determined by the strategic plan and revise the service; ensure interaction between strategic planners and operations; and maintain service standards; and access resources to ensure the efficient and effective delivery of expected services. CA465740 Department of Premier and Cabinet 17/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER Role 6. Councils translate State and Commonwealth legislation into a local context. Councils serve their communities through enforcement and appropriate interpretation of the range of State and national legislation that relates to Local Government. Councils identify the need for and create by-laws as required. Capability 6.1 meet statutory responsibilities Capability description The council has the expertise and capacity to administer the requirements of the: Local Government Act 1993 Land Use Planning and Approvals Act 1993 Environmental Management and Pollution Control Act 1994 Resource Management and Planning Appeal Tribunal Act 1993 Local Government (Building and Miscellaneous Provisions) Act 1993 Building Act 2000 Dog Control Act 2000 Public Health Act 1997 Local Government (Highways) Act 1982 Roads and Jetties Act 1935 Traffic Act 1925 Sewers Act 1954 Water Management Act 1999 Waterworks Clauses Act 1952 Financial Management and Audit Act 1990 Ombudsman Act 1978 Right to Information Act 2009 Judicial Review Act 2000. Water and Sewerage Corporations Act 2008 CA465740 Department of Premier and Cabinet 18/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER 6.2 educate the community The council has the expertise and capacity to inform the community and build awareness regarding community obligations in relation to legislation. 6.3 interpret statutory responsibilities The council has the capacity and the expertise to: apply legislation in the local context; and identify and report gaps in legislation. The council is consistent and fair in the way it implements its statutory responsibilities. The council develops by-laws that are targeted and focus on the problem while minimising the side effects. By-laws are only developed when necessary. 6.4 consistency 6.5 effective bylaws CA465740 Department of Premier and Cabinet 19/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER Role 7. Councils engage with each other and with the State and Commonwealth Governments to represent the needs of their communities, and to ensure that government activities are coordinated and have the greatest positive benefit for communities. Capability 7.1 engage with other governments 7.2 coordinate with other governments 7.3 represent the community Capability description The council has the expertise and capacity to: seek information from other governments; inform other governments of council priorities; promote to other governments local information and knowledge; and discuss and pursue opportunities with other governments. The council has the expertise and capacity to: support/participate effectively in regional/statewide reforms; take advantage of opportunities offered by other governments; and work in partnership with other governments. The council has the expertise and capacity to represent the needs of communities (as identified through effective engagement) to other governments. CA465740 Department of Premier and Cabinet 20/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER Role 8. Councils enable individuals and organisations to actively engage in local decisions that impact on local communities. Councils engage with the community by providing information to and consulting with individuals and organisations. Councils also maintain mechanisms to ensure that members of the community are involved in local decision making. Capability 8.1 ability to inform Capability description The council has the expertise and capacity to inform communities of decisions being made on their behalf. 8.2 capacity to consult The council has the expertise and capacity to: develop and implement systems and processes to seek the views of communities on relevant decisions; and process, analyse, understand and apply information gathered through consultations. CA465740 Department of Premier and Cabinet 21/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER The working group recognises that there are a number of factors within the external environment that impact on the capacity of councils to carry out their role. Below are a number of factors in the external environment and assumptions related to each factor that must be in place for councils to be able to effectively carry out their role. External environment Factor E.1 Revenue E.2 Clear legislative framework Capability The council has the capacity and expertise to manage within a variable revenue stream. The council has the capacity and expertise to manage within a changing legislative framework. E.3 Economic environment The council has the capacity and expertise to work within an unpredictable economic environment E.4 Community expectations The council has the capacity and expertise to manage evolving community expectations. E.5 Access to employees E.6 Diversity The council has the capacity and expertise to access employees that meet the needs of the council at a price the council can pay The council has the expertise and capacity to meet the needs of diverse communities CA465740 Department of Premier and Cabinet 22/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER The working group also recognises that there are a number of internal factors that impact on councils’ capacity to carry out their role. Below are a number of internal factors and assumptions related to each factor that must be in place for councils to be able to effectively carry out their role. Internal environment Factor I.1 Corporate systems Assumption The council has adequate corporate systems that support organisational efficiency. I.2 Corporate environment The council operates in an experienced corporate environment. I.3 Corporate management The council’s corporate management is effective and stable. I.4 Transparent and accountable The council’s processes are transparent and the council is accountable to its community. The council manages community expectations and conflict. 1.5 Manages community expectations 1.6 Financially sustainable The council maintains financial sustainability. CA465740 Department of Premier and Cabinet 23/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER QUESTION 2 DO YOU AGREE THAT THE ABOVE CAPABILITIES DESCRIBE THE ROLE OF LOCAL GOVERNMENT? IF NOT, HOW WOULD YOU AMEND THE PROPOSED CAPABILITIES? QUESTION 3 DO YOU AGREE THAT THE WORKING GROUP HAS CAPTURED THE INTERNAL AND EXTERNAL FACTORS THAT AFFECT COUNCILS’ CAPACITY TO FULFIL THEIR ROLE? IF NOT, HOW WOULD YOU AMEND THE PROPOSED FACTORS? CA465740 Department of Premier and Cabinet 24/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER Statements of success THE PURPOSE OF STATEMENTS OF SUCCESS To make the role descriptions and capabilities more meaningful, it is proposed that a statement of success is attached to each role description. The purpose of the statement of success is to describe how councils would be operating were they to have optimum capability for each role. Where the capabilities break the role descriptions down into their component parts to understand what each role involves, the statement of success brings the individual components back to together to describe the successful delivery of each role. The working group has not developed draft statements of success. This is seen as a next step in the process once the capabilities have been further refined. However, if you have any suggestions regarding statements of success please include them in your submission. CA465740 Department of Premier and Cabinet 25/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER Next steps Feedback received through this consultation will be considered by the working group and incorporated into the final report. As well as written feedback, the Division of Local Government, Security and Emergency Management (DLGSEM) will be facilitating regional workshops to promote further discussion. The final report will be provided to the PLGC for consideration at its December 2012 meeting. The final report will be made available on DLGSEM’s website at www.dpac.tas.gov.au/lgd. If you would to discuss this project please contact the DLGSEM by phone on 6232 7022 or by email at [email protected]. The PLGC would like to thank you for taking the time to read this paper and contributing to the discussion. CA465740 Department of Premier and Cabinet 26/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER Attachments ATTACHMENT A – WORKING GROUP TERMS OF REFERENCE Purpose The purpose of the working group is to develop principles to guide detailed consideration of the future role of Local Government. The principles will broadly articulate the role of Local Government in Tasmania and provide the foundation for a more detailed review of common functions, services and capabilities to be developed and maintained by the sector. Principles may include, for example: Councils enable individuals and organisations to actively engage in local decisions that impact on local communities. Councils engage with the community by providing information to and consulting with individuals and organisations. Councils also maintain mechanisms to ensure that members of the community are involved in local decision making. Councils are strategic decision-makers that work to understand and meet the current and future needs of communities by considering both local circumstances and the impacts on local communities of the broader State, national and international environment. Through sound decision-making, councils enhance the social, environmental and economic values of their municipal area, including by supporting individuals and organisations to generate private value while preserving and enhancing commonly held public value. Councils are administrators that deliver services and maintain assets that are best managed at the local level to reflect local needs and expectations. Councils actively engage with local communities to determine the level of assets and services that can be reasonably sustained. Councils translate State and Commonwealth legislation into a local context. Councils serve their communities through enforcement and appropriate interpretation of the range of State and national legislation that relates to Local Government. CA465740 Department of Premier and Cabinet 27/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER Councils engage with each other and with the State and Commonwealth Governments to represent the needs of their communities, and to ensure that government activities are coordinated and have the greatest positive benefit for communities. CA465740 Department of Premier and Cabinet 28/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER Membership Membership of the working group will comprise representatives from: the Department of Premier and Cabinet; the Department of Economic Development, Tourism and the Arts; the Department of Infrastructure, Energy and Resources; the Tasmanian Planning Commission; the Local Government Association of Tasmania; Local Government; and the Tasmanian Chamber of Commerce and Industry. Chairperson The working group will be chaired by Mathew Healey, Director, Division of Local Government, Security and Emergency Management. Meeting schedule It is anticipated that the working group will meet three times: 1. early September 2012 – the first meeting will be a preliminary discussion of draft principles 2. early October 2012 – the second meeting will seek agreement to a discussion paper including draft principles for circulation to stakeholders 3. late November 2012 – the final meeting will seek agreement to a final report to the Premier’s Local Government Council (PLGC). Outputs The working group will report to the PLGC on principles and an appropriate governance structure for a more detailed review of the role of Local Government in 2013. CA465740 Department of Premier and Cabinet 29/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER Timeframes The outputs will be provided to the Premier’s Local Government Council for consideration at its December 2012 meeting. Governance The project will be overseen by the PLGC. The above-described working group will guide the project. The Division of Local Government, Security and Emergency Management will provide executive support for the project. CA465740 Department of Premier and Cabinet 30/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER ATTACHMENT B – LITERATURE REVIEW Services to properties and people A particular focus of relevant literature is on how the role of Local Government has evolved in Australia from services to properties to services to people. A Commonwealth Grants Commission report of 2001 found that from 1961-98 there was: a reallocation of resources from property services to human service; decreased outlays on roads; increased expenditure on recreation and culture and housing and community amenities; and increased expenditure on education, health, welfare and public safety. The literature generally recognises that Local Government has been increasingly taking on responsibility for social functions, such as management of health and welfare services, alcohol and drug problems, community safety, community housing and improved planning and accessible transport. Local Government has also been playing an increasing regulatory role in the areas of development and planning, public health and environmental management. Furthermore, Local Government has also been actively promoting economic development. CA465740 Department of Premier and Cabinet 31/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER In moving its focus towards services to people, Local Government has played an increasing role in developing local identity. In meeting the broader needs of communities, above and beyond providing services, Local Government today plays an important role in ‘placeshaping’. Local Government: promotes community sustainability; empowers communities; and builds and supports a sense of local identity. That said, Local Government has an ongoing role in the delivery of services to properties, including: waste management; roads; planning and development; environmental health; parking; and lighting. Democracy There is also a significant focus in the literature around the role of Local Government in promoting citizenship, participation and democracy. Some of the roles of Local Government in this capacity include: providing basic training in citizenship; widening the opportunity for political participation; promoting dialogue, debate and discussion to resolve local issues; and local representation. CA465740 Department of Premier and Cabinet 32/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER 1997 declaration on the role of Australian Local Government On 24 November 1997 the National General Assembly of Local Government outlined the following roles and responsibilities of Local Government: 1. must be a partner in the Federal system 2. will be responsive and accountable to the local community 3. will provide good governance 4. must exercise local autonomy 5. will provide leadership and advocacy 6. will promote active citizenship at the local level 7. will foster local identity and civic pride 8. will secure community cohesions 9. will ensure local services delivery 10. will facilitate community development 11. will foster regional cooperation 12. will adapt to change. CA465740 Department of Premier and Cabinet 33/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER The Role of Local Government and Local Government Sustainability Recent reports have pointed to the expanding role of Local Government being a contributor to concerns around local government sustainability. The reports have asked whether Local Government has, to some extent, compromised its sustainability by ‘trying to be all things to all people at a price they cannot pay’. Of course it must be acknowledged that the expanding role of Local Government is not all self-imposed. The CGC report cited above identifies devolution of responsibilities, increased legislative and regulatory requirements, and cost shifting as factors that are out of the control of Local Government that have resulted in an expansion to its role. This project intends to focus on standard expectations of the role of Local Government, not on roles fulfilled by some councils as a result of policy decisions, or roles that Local Government is fulfilling on a short-term basis as a result of State or Federal devolution. Furthermore, this project is about Local Government fulfilling its role. A part of fulfilling that role is ensuring that it is done sustainably. In terms of this project, sustainability is not considered a separate issue, it is simply a part of the broader role of Local Government. CA465740 Department of Premier and Cabinet 34/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER ATTACHMENT C - OTHER JURISDICTIONS The table below summarises similar projects that are occurring in other jurisdictions. Following the table is further detail and links to further information. State Project sponsor Project description Timeframes News South Wales Local Government and Shires Association/ State Government/ Local Government Managers Association Definition of the functions, roles and responsibilities of Local Government (part of the Destination 2036 initiative) Completion of project by July 2013 South Australia Local Government Association of South Australia Future of Local Report to LGA of Government in SA by October 2013 terms of role and functions (part of the Local Excellence Program) Western Australia State Government Review of relationships, roles and functions (part of the Metropolitan Local Government Review) Final report delivered to Minister but not yet publically released CA465740 Department of Premier and Cabinet 35/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER New South Wales The Local Government and Shires Association, the New South Wales (NSW) Government and the Local Government Managers Association partnered in 2011 to host a workshop entitled Destination 2036. The goal of the workshop was for NSW council representatives to come together and agree on a pathway to a more resilient local government sector. As a result of the workshop, the parties developed the Destination 2036 action plan which includes 12 initiatives. One of the initiatives involves clearer definition of the functions, roles and responsibilities of Local Government. The key action is to undertake a stocktake of current functions, roles and responsibilities that are mandated for Local Government and identify the funding sources available to perform the tasks. The next step is to consider whether a core set of functions should be prescribed in the Local Government Act. This specific project is scheduled to be completed by July 2013. For more information refer to http://www.dlg.nsw.gov.au/dlg/dlghome/documents/information/Destination%202036%20%20Action%20Plan.pdf South Australia The Local Government Association of South Australia’s Local Excellence Program aims to, among other things, redefine the role and functions of councils in key areas of activity. A Local Excellence Expert Panel has been established to guide the program and is scheduled to deliver a final report in October 2013. The project will bring together the outcomes of South Australian amalgamation research, shared services, governance assessment, waste, climate change and Federal Government Reform Fund project outcomes and map a path for the future of the role/functions/structure of Councils. The project will be carried out over two years and is also linked to positioning LG for the next State election. CA465740 Department of Premier and Cabinet 36/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER The Local Government Excellence Panel is currently consulting on the roles and functions of councils and has invited feedback on the following questions: 1. Are there core roles and functions of Councils that will change in the future? If so, how? What factors might drive these changes? 2. Are the roles and relationships between the spheres of government clear and defined now? Will the roles and functions change in the future and if so, how? 3. How do Councils currently play the role of community advocate with other governments and what changes might be seen in the future? 4. Do Councils have access to the right kind of data to support their role of community advocate? If not what would be useful? 5. Are Councils adequately undertaking research about their communities and their changing needs in order to plan for their future development? If not, why not? 6. Should smaller Councils have different roles and functions (under the Local Government Act) to larger Councils? If so why? If not why not? 7. Under what circumstances should a role or function transfer from the State or Federal Government or the community to Local Government? 8. Should Councils undertake commercial activities? If so, under what circumstances should/could this occur? 9. What about the future number of Councils in South Australia – should this change? For further information refer to http://www.lga.sa.gov.au/site/page.cfm?c=27050. Western Australia In July 2011, the Western Australian Government appointed the Metropolitan Local Government Review Panel to examine the social, economic and environmental challenges facing metropolitan Perth, and recommend appropriate boundaries and governance models for local government in metropolitan Perth. The Panel released draft findings from its consultation in April 2012. The findings related to three broad areas: 1. relationships, roles and functions 2. structure 3. governance. CA465740 Department of Premier and Cabinet 37/38 ROLE OF LOCAL GOVERNMENT DISCUSSION PAPER In terms of relationships, roles and functions the Panel found: 1. the need for an overarching statement of the roles and responsibilities of State and Local Government 2. the need to determine and agree on local government functions, roles and responsibilities. The Panel has delivered a final report and recommendations to the Minister for Local Government. The Minister has not released the report but may do so in the future. No further announcements have been made regarding the Panel’s recommendations. For more information refer to http://metroreview.dlg.wa.gov.au/. CA465740 Department of Premier and Cabinet 38/38
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