Legislative Council: Tuesday, November 13, 2012

Contents

LOCAL GOVERNMENT CONSULTATION

The Hon. S.G. WADE (14:34): I seek leave to make a brief explanation before asking the Minister for State/Local Government Relations a question about local government consultation.

Leave granted.

The Hon. S.G. WADE: The Development (Private Certification) Amendment Bill was tabled on 18 October. The bill proposes to make significant changes to the Development Act and the state planning system. Under the 2012 State/Local Government Relations Agreement, state and local government jointly commit to:

...regular and effective communication, consultation and negotiation on the formulation and implementation of key policies, legislative programs and significant programs/projects that affect the other party.

In particular, the agreement has a legislative protocol and, under that protocol, as the bill clearly has a significant impact on local government, the government commits to undertake an advance consultation phase with the Local Government Association with a view to an agreement being reached before the bills are tabled in parliament. The Local Government Association advises that it did not have an opportunity to comment on the private certification bill prior to its introduction. My questions to the minister are:

1. As the minister responsible for local government and state/local government relations, what steps did he take to consult the Local Government Association on proposed changes to the Development Act?

2. Did the minister ensure that the Minister for Planning consulted the LGA on the proposed amendments to the Development Act before they were tabled, as required by the intergovernment agreement?

3. Given that this is yet another example of the government failing to consult with local government, what is the minister doing to address the flagrant and persistent disregard of the State/Local Government Relations Agreement?

The Hon. R.P. WORTLEY (Minister for Industrial Relations, Minister for State/Local Government Relations) (14:36): I thank the member for his very important questions. The member is right; we do have a memorandum of understanding where there is a commitment to consult with councils in regard to various bits of legislation. I know that that occurs very often with various ministers and various proposals that are put up. There are cases where, unfortunately, negotiation is not possible—that sometimes occurs.

I always consult, naturally, being the minister for local government, and I also advise and encourage my cabinet colleagues to consult with the LGA when legislation is proposed. In general, I think the LGA is quite happy with the amount of consultation which takes place between it and the government. However, as I said, there are occasions when, for one reason or another—and I cannot go into that right now but I can refer it on to the Minister for Planning—that may not have occurred. However, in general, there is very good contact and negotiation between the LGA, councils and the government.