Role of Local Government PHASE 1 – FINAL REPORT DECEMBER 2012 Local Government Office Department of Premier and Cabinet ROLE OF LOCAL GOVERNMENT PHASE 1 – FINAL REPORT CONTENTS INTRODUCTION.......................................................................................................... 3 PROJECT PURPOSE ..................................................................................................... 4 CONSULTATION OUTCOMES .......................................................................... 5 Process............................................................................................................................................................................... 5 Findings .............................................................................................................................................................................. 5 Analysis .............................................................................................................................................................................. 6 ROLE STATEMENTS .................................................................................................... 8 PROCESS AND GOVERNANCE ARRANGEMENTS ............................. 9 APPENDIX 1 - SUMMARY OF FEEDBACK................................................. 13 CA12/005559 Department of Premier and Cabinet 2/17 ROLE OF LOCAL GOVERNMENT PHASE 1 – FINAL REPORT Introduction The Role of Local Government project was initiated by the Premier’s Local Government Council (PLGC) in April 2012. The project was established in response to ongoing public debate regarding the future of Local Government in Tasmania which revealed a wide range of divergent views on the current and future role of Local Government and concerns about long-term financial sustainability. The diversity of councils in terms of their size, geography, social and economic composition makes it difficult to neatly articulate the ‘problem’. The lack of agreement on what the ‘problems’ are combined with the diversity of stakeholder perspectives has led to limited success in defining the way forward. The Role of Local Government project seeks to build a solid foundation upon which stakeholders can clearly identify the nature of the ‘problem’, discuss and explore their aspirations for Local Government and then identify potential opportunities for reform. The project recognises there are concurrent State and national reform agendas running and councils are already engaged in a process of review across many aspects of their business. The end result of this project is not to determine the magic ‘silver bullet’ to fix all issues, rather it is about working with Local Government to identify a range of reforms which will support the ongoing continuous improvement process. The final report on phase 1 of the Role of Local Government project provides a revised project purpose, a summary of the feedback gathered through the consultation period, revised role statements, and outlines the process and governance arrangements for phase 2 of the project. CA12/005559 Department of Premier and Cabinet 3/17 ROLE OF LOCAL GOVERNMENT PHASE 1 – FINAL REPORT Project purpose The aim of the Role of Local Government project is to facilitate an ongoing ‘conversation’ which will lead all stakeholders to a shared understanding of what Local Government is and what it needs to become in order to meet the needs of communities now and into the future. The project recognises that not one sector holds all the answers and that to develop a comprehensive set of Local Government reforms requires the knowledge and expertise from State and Local Government sectors, input from local government experts and academics, the private sector and the general community. In order to arrive at this position the project will: define the role of Local Government; identify the capabilities required to fulfil the role of Local Government; identify strengths and capability gaps within Local Government; produce a set of Local Government reform options. The project is being delivered in two phases: 1. Defining the role of Local Government 2. Defining and assessing the capabilities required of Local Government to fulfil its role. Phase 1 commenced in July 2012 and involved the release of a discussion paper and delivery of three workshops during October 2012. The focus of phase 1 was to initiate frank and open discussion amongst councils and stakeholders about the role of Local Government and provide opportunities for feedback. The focus of phase 2 will be to ‘unpack’ the role statements that were defined in phase 1 and to identify the capabilities required to fulfil the role. The aim of this process is to establish a framework which allows for the assessment of councils in order to identify challenges and opportunities and develop a set of Local Government reform options. CA12/005559 Department of Premier and Cabinet 4/17 ROLE OF LOCAL GOVERNMENT PHASE 1 – FINAL REPORT Consultation outcomes PROCESS The project working group developed a discussion paper which was provided to all councils on 10 October 2012. The discussion paper provided the basis for the consultation. Councils were invited to provide written submissions and to attend one of three regional workshops. Workshops were held on 15, 17 and 23 October 2012 in Burnie, Hobart and Launceston respectively. Written submissions were requested by 19 November 2012. Below is a summary of the findings and associated analysis and comments. A summary of the consultation feedback is at Appendix 1. FINDINGS The main findings from the consultation were as follows: there was a high level of support for the project concept; there was general agreement with the role statements at a conceptual level; the capability statements as they appeared in the discussion paper were considered to be difficult to measure; there was a level of scepticism around the context of the project and confusion about the direction of the project; there was concern that the project would not adequately address the evolving role of Local Government; there were concerns around how the project would cater for the differences between small rural and large urban councils; and there was strong demand for clarification about how phase 2 of the project will be managed. CA12/005559 Department of Premier and Cabinet 5/17 ROLE OF LOCAL GOVERNMENT PHASE 1 – FINAL REPORT ANALYSIS Role statements There was general acceptance of the role statements at a conceptual level. There were many suggestions to improve the wording of the statements, and a general criticism was that they were too ‘wordy’ and should be shorter. The question was also asked as to whether the role statements were presented in order of priority. The amended set of role statements is provided on page 8. The statements are numbered for ease of reference but are not in order of priority as the order of priority may vary between councils. Capability statements There was a high level of concern expressed about the capability statements, specifically they were considered too difficult to measure in any meaningful way. As the capability statements will form the basis of the assessment of Local Government it is crucial they accurately define the capabilities while being flexible enough to accommodate the differences between urban and rural, small and large councils. The project advisory group (to be established in phase 2) will undertake further work on the capability statements during phase 2 of the project. It is intended to finalise the capability statements by the end of May 2013 in time to develop a self-assessment survey for councils to complete during June 2013. Project context and direction There was some level of scepticism about the context and direction of the project. For example, questions were asked along the lines of: what is the agenda behind the project and will the information gathered through this project be used to justify council amalgamations? Public debate has focussed on what is the ‘correct’ number of councils for Tasmania. However, changing the number of councils, or adjusting boundaries, may not be the panacea to address all structural and capability issues. This project does not ask: ‘how many councils should there be?’, but instead, broadens the parameters of the debate to focus on CA12/005559 Department of Premier and Cabinet 6/17 ROLE OF LOCAL GOVERNMENT PHASE 1 – FINAL REPORT understanding and agreeing on the role of Local Government and then identifying the challenges and opportunities. There was also confusion about the direction of the project. Some were expecting a detailed review of roles and functions whereas others saw it as a ‘vision’ project. The project will consider current roles and capabilities as well as explore the conceptualisation of different ‘visions’ for Local Government. Evolving role of Local Government A number of submissions were concerned that the project would focus on the current role of Local Government and that it would not facilitate discussion about the evolving and expanding role of Local Government. This issue will need ongoing management as the project progresses to ensure that both aspects of the role of Local Government are fully investigated and discussed. Small rural v. large urban Many submissions raised concerns that the project would not deal adequately with the differences between small and large, and urban and rural councils. The working group acknowledges the differences between types of councils, community expectations, revenue raising ability etc. The working group believes there are core roles which all councils share, albeit that the delivery of those roles will differ according to a council’s individual characteristics. The working group will work with stakeholders to ensure the finalised roles and the capabilities are flexible enough to accommodate those differences. Phase two A number of questions related to the delivery of phase 2 of the project. Some raised concerns that if the next phase were delivered by the Local Government Board it would effectively be out of the hands of Local Government. Others suggested that councils do not trust the State Government enough to be honest about capability shortfalls. The proposed process and governance for phase 2 is outlined on pages 9-12. The process provides for ongoing opportunities for stakeholders to contribute and influence outcomes. CA12/005559 Department of Premier and Cabinet 7/17 ROLE OF LOCAL GOVERNMENT PHASE 1 – FINAL REPORT Role statements The Role of Local Government discussion paper proposed eight statements to describe the role of Local Government. The working group amended the role statement in line with feedback received. The following amended role statements are proposed: 1. Councils respond to and develop a sense of place through branding, promoting and enhancing local identity and promoting social cohesion. 2. Councils engage with their communities, providing them with information about community and council business and where appropriate, actively consult with and provide opportunities for constituents to participate in council decision making. 3. Councils provide strategic leadership through understanding current and future operating environments, identifying opportunities and challenges and making decisions which align with long-term strategic plans and corporate plans. 4. Councils are strategic land-use planners who work with communities to create an environment that guides the use of land to balance economic, environmental and social values. 5. Councils facilitate the economic viability and development of communities by working with the business community to attract and retain investment and support sustainable economic growth. 6. Councils are responsible financial managers who deliver cost effective, equitable and efficient services and assets which reflect local needs and expectations and are guided by council’s long-term planning objectives. 7. Councils enforce relevant state and national legislation and create by-laws and policies as required to support the efficient functioning of council. 8. Councils engage with each other and other spheres of government to represent and advocate the needs of their communities, and where appropriate, cooperate and work in partnership to generate the greatest benefit for communities. CA12/005559 Department of Premier and Cabinet 8/17 ROLE OF LOCAL GOVERNMENT PHASE 1 – FINAL REPORT Process and governance arrangements Phase 2 of the project will be delivered in three stages commencing February 2013. The flow chart on page 12 provides a summary of the three stage process and governance arrangements which are described in detail below. The working group that had oversight of phase 1 of the project will be expanded to include elected member representation and will become an advisory group to the project. Stage 1: Communicate and consult (February-June 2013) Process This stage will focus on information gathering and promoting discussion among Local Government and other stakeholders. The project advisory group will promote discussion through the delivery of a minimum of four focus papers which will elaborate on aspects of the role statements and capabilities. The aim of the papers will be to present a variety of viewpoints drawn from different sectors – some of which may be dissenting views – in order to generate a robust interrogation of the issues. The project advisory group will investigate social media and other promotional opportunities to build and maintain stakeholder interest in the project. The project advisory group will analyse the feedback received during this period along with information gathered through academic works and a range of data sources to finalise capability statements and statements of success, and to develop a self-assessment survey. Councils will be invited to respond to the survey during June 2013. Stage 1 will culminate in a forum at the Local Government Association of Tasmania conference and the release of the draft Role of Local Government Report in July 2013. CA12/005559 Department of Premier and Cabinet 9/17 ROLE OF LOCAL GOVERNMENT PHASE 1 – FINAL REPORT Goal All stakeholders have the opportunity to explore issues and feed into the finalisation of Local Government roles and capabilities. The specific objectives will be to: develop capability statements and statements of success associated with each role statement; invite councils, communities and non-municipal organisations to express their views; invite councils to complete a self-assessment based on the capability statements. Product Draft Role of Local Government Report Governance Stage 1 will be led by the Local Government Office (LGO). The project advisory group will provide advice. The PLGC will receive regular progress reports at scheduled meetings throughout 2013. Stage 2: Review (August-October 2013) Process A review of the outputs of stage 1 will be undertaken as determined by the Minister for Local Government following consideration of the Role of Local Government report. The Minister will decide on a process for the review. Options include review by the Local Government Board, the Director of Local Government or an independent consultant. Goal The specific objective of stage 2 will be to: test and confirm the role statements, capabilities and statements of success established during stage 1; CA12/005559 Department of Premier and Cabinet 10/17 ROLE OF LOCAL GOVERNMENT PHASE 1 – FINAL REPORT assess councils in terms of the role statements, capabilities and statements of success; identify the challenges and opportunities facing Local Government. Product Local Government Review Report Governance The Minister for Local Government will initiate the review and the final report will be presented to the Minister for Local Government for consideration. Stage 3: Development of reform options (October 2013- 2014) Process Councils will be invited to consider the findings of the Local Government review. The LGO will facilitate regional workshops to discuss the challenges and opportunities identified in the report and explore opportunities for reform. Goal The specific objective of stage 3 will be to identify potential solutions and opportunities for Local Government reform. Product A paper that identifies a set of Local Government reform options. Governance As with stage 1, this stage will be led by the LGO with advice from the project advisory group, and will be overseen by the PLGC. CA12/005559 Department of Premier and Cabinet 11/17 ROLE OF LOCAL GOVERNMENT PHASE 1 – FINAL REPORT ROLE OF LOCAL GOVERNMENT PROJECT: PHASE 2 Stage 1 Communicate and Consult February – May 2013 Issue exploration Promoting discussion among LGs and stakeholders Rolling release of 4 focus papers on each of LG roles and capabilities June 2013 Research and Analysis LGO collect data from councils, stakeholders, academia and state and federal govt sources Document Public release of LG roles and capabilities Interim Review Council self assessment against LG capabilities Stage 3 Development of Reform Options Stage 2 Review August – September 2013 Role of Local Government Report Considered by Minister for LG 25-26 July 2013 30 July 2013 Consultation Proposed forum at LGAT Annual Conference to discuss self assessment outcomes Draft Role of Local Government Report Final consultation with councils and stakeholders Local Government Review Report Submitted to Minister for Local Government Workshops LG Office hold regional workshops to discuss report and canvas reform options Governance Led by LG Office Local Government Reform Recommendations submitted to Minister for Local Government Advised by project advisory group Overseen by PLGC CA12/005559 Department of Premier and Cabinet Overseen by PLGC Minister to consider final Review 2014 Consultation Local Government Review Report released to councils and stakeholders Advised by project advisory group Governance Minister to direct Review October 2013 Review Review of stage 1 conclusions to: Confirm roles/capabilities Assess councils Identify LG challenges and opportunities Governance Led by LG Office 12/17 ROLE OF LOCAL GOVERNMENT CONSULTATION REPORT Appendix 1 - Summary of feedback Workshops Regional workshops provided an overview of the project and gave attendees the opportunity to ask questions and provide input into the project. The following table summarises the details of the workshops: Location Date No. acceptances Burnie 15 October 2012 22 Hobart 17 October 2012 22 Launceston 23 October 2012 23 Concerns Participants at workshops held some level of scepticism around the project. A number of attendees claimed that Local Government did not have enough trust in State Government to be able to participate in the project in any meaningful way. Furthermore, there were questions around the ‘agenda’ behind the project. A number of attendees sought clarification on various elements of the project. For example: What will happen with the project outputs? How will the next phase of the project be managed? How will this project align with the sustainability objectives and indicators project? Attendees raised on multiple occasions the differences between the roles of large urban and small rural councils and questioned how the project could be meaningful in the face of the differences. CA12/005641 Department of Premier and Cabinet 13/17 ROLE OF LOCAL GOVERNMENT CONSULTATION REPORT There was concern at one workshop that the role of Local Government is already defined in the Local Government Act 1993, and that creating a new definition of the role of Local Government would be confusing and is unnecessary. There were some concerns that the project may create further reporting and compliance requirements. Suggestions It was suggested that the role statements be re-labelled ‘tasks’ to remove confusion around the definition of the role as described in the Act. Related suggestions also included the need for a definition of ‘role’. It was also suggested that ‘community’ be defined: communities of interest/geographic communities. Supporting feedback There was general support for the role statements as they were drafted in the discussion paper. There was general consensus that there is confusion among communities between the roles of Local, State and Commonwealth governments. There was the view that councils need and want a forum in which they can say that they do not have the capacity to fulfil some parts of their role and seek assistance. Clearly this view is at odds with the view listed under ‘concerns’ that councils do not have enough trust in the State to be able to admit to areas where they have insufficient capacity. Feedback related to role statements General comments were that the role statements were too wordy and ambiguous. It was also noted that some of the verbs used rendered the statements immeasurable. The question was asked whether they were in order of priority, and if not, whether that would be a useful approach to take. It was also noted that there was overlap between the role statements and suggested that this should be acknowledged up front. CA12/005641 Department of Premier and Cabinet 14/17 ROLE OF LOCAL GOVERNMENT CONSULTATION REPORT Written submissions A total of 13 written submissions were received. Written submissions were received from: 1. Central Coast Council 2. Clarence City Council 3. Derwent Valley Council 4. Hobart City Council 5. Huon Valley Council 6. Kingborough Council 7. Latrobe Council 8. Launceston City Council 9. Meander Valley Council 10. Northern Midlands Council 11. Tasman Council 12. West Tamar Council 13. Individual submission (anonymous) CA12/005641 Department of Premier and Cabinet 15/17 ROLE OF LOCAL GOVERNMENT CONSULTATION REPORT Concerns There was some concern that the project may focus on minimum capabilities rather than seek to encourage councils to strive to be the best they can be. A number of submissions were concerned that the discussion paper did not focus sufficiently on regional activities of Local Government. As at the workshops, there was concern raised that the role of Local Government was already defined in the Local Government Act 1993 and that the proposed role statements, capability statements and internal and external factors did not align with the legislative definition. Another concern raised by a number of submissions was that the project may not be able to deal with the evolving nature of the role of Local Government – the role statements as defined now may not encapsulate the role of Local Government as it evolves in the future. Suggestions It was suggested that: the key for a successful future for the Tasmanian Local Government sector lies in strategic decision making and this should be focus of the capability statements; there should also be greater focus on the role of councils serving communities and ratepayers, and managing community assets and infrastructure in an efficient manner; the project should look at the current and future possible roles of Local Government; the project needs to engage a broad audience; ‘indicators of success’ or ‘measures of performance’ may be more useful than ‘statements of success’; the capability statements be rephrased to read: ‘the council has access to expertise and has demonstrated the capacity to…’ as this would recognise the increasing trend to share resources among councils; CA12/005641 Department of Premier and Cabinet 16/17 ROLE OF LOCAL GOVERNMENT CONSULTATION REPORT councils should be assessed on (1) having a robust asset management plan in place (2) having a sustainable long-term financial plan and (3) having community support on service levels; ‘local leadership’ should be included as an internal factor. Supporting feedback Generally there was a high level of support for the project concept and the opportunities that the project presented. The written responses indicated general support for the role statements at the conceptual level. The project represents a great opportunity to strengthen the purpose and perceptions of the Local Government sector in Tasmania. Feedback related to role statements One submission believed that the 1997 declaration on the role of Australian Local Government as outlined on page 33 of the discussion paper was adequate. Feedback was also received suggesting that the role and capability statements were too high level to be useful in a review of roles and functions because it will not be possible to develop meaningful indicators. A number of suggestions were made to improve the wording of the proposed role statements, including making the statements more concise. It was suggested that sustainable management of council operations should be an additional role. One submission suggested that the role statements not be numbered or if they are, that a preamble clarify that they are not a prioritised list. CA12/005641 Department of Premier and Cabinet 17/17
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