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Intergovernmental Relations

Constitutional Recognition

The Association, through ALGA, seeks formal recognition in the Constitution Act of the Commonwealth of Australia of Local Government as an independent sphere of responsible government and a valued partner in the federation.

The Constitution Act 1934 (Tasmania) should continue to ensure the existence of a separate and democratically elected system of Local Government.

General Competence Powers

The Constitution Act 1934 (Tasmania) should be amended to recognize and retain the general competence powers of Councils currently enunciated in the Local Government Act 1993:

  • (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. (GM 2001)

Restrictive and unnecessary conditions and approvals imposed by other governments on the performance of Local Government activities should be removed.

Dismissal of Local Government

That the Constitution Act 1934 be amended to provide that:

(a) The Minister responsible for Local Government must establish a Board of Inquiry to investigate a council if there is prima facie evidence that the council is unable to govern.

(b) If the Board of Inquiry recommends that a council be dismissed, the Minister must refer the matter to Parliament and, following approval by a two third majority in each House of Parliament, the Minister must recommend to the Governor that the council be dismissed.

(c) If a council is found, by any due process, to be or have been acting unlawfully, the Minister must recommend to the Governor that the council be dismissed

(d) On the dismissal of a council, the Governor shall appoint an appropriately qualified person as administrator for a period not exceeding nine months, during which a general election for all council seats must be held. (GM 2001)

Amalgamations and Boundary Changes

Local Government supports the rights of Councils to undertake voluntary amalgamations or boundary adjustment after consultation with and agreement of the communities affected. (GM 1992)

Local Government supports the amendment of the Constitution Act 1934 to provide that the State be divided into municipal areas and that the boundaries of these municipal areas may only be changed following a full public inquiry and approval by Parliament.

Local Government Board

The Local Government Board should be an independent body whose membership comprises representatives with a range of skills and disciplines that are representative of and relative to the operational environment of Councils.

LGAT representatives on the Local Government Board should not be current Council Members or officers.

Premier's Local Government Council

High-level discussions between State and Local Government on issues of statewide significance that impact on both spheres of government should be conducted through the Premier's Local Government Council.

Partnership Agreements

Statewide Partnership Agreements are to be developed under the Premier's Local Government Council.

The President of the Association signs partnerships agreements, other agreements and Memoranda of Understanding with the Commonwealth and State Governments and ALGA after the consent of Councils through a General Meeting or by some other form of consultation.

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