Legislative Council: Tuesday, April 30, 2013

Contents

STATE/LOCAL GOVERNMENT RELATIONS

The Hon. S.G. WADE (14:33): I seek leave to make a brief explanation before asking the Minister for State/Local Government Relations a question relating to the State/Local Government Relations Agreement.

Leave granted.

The Hon. S.G. WADE: On Tuesday 9 April 2013 the minister advised this council that the Department of the Premier and Cabinet is now responsible for the Local Government Forum and the State/Local Government Relations Agreement in order to reflect 'an across government strategic role'. This government has a stunning record of ignoring the State/Local Government Relations Agreement.

I previously highlighted to the council that, since the Local Government Relations Agreement was signed in 2012, two key bills impacting on local government were not consulted on in accordance with the agreement. The Development (Private Certification) Amendment Bill and the Independent Commissioner Against Corruption Bill both significantly affected local government, and both were tabled in parliament without consultation with local government and its peak body, the Local Government Association. Here comes another one. The Major Events Bill is currently progressing through this parliament. It significantly impacts on local government's role and it has not been the subject of prior consultation with local government. I remind the Legislative Council that the whole aim of the protocols is to ensure that there is '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'.

It has been a longstanding role of the cabinet office and the Department of the Premier and Cabinet to coordinate the whole of government consideration of cabinet submissions. The government clearly thought that was not working for local government and established a specific legislative protocol, overseen by the local government minister under the state-local government agreement. Clearly that did not work. The government now wants to transfer the oversight role back to the Premier's department. My questions to the minister are:

1. Why is the government repeatedly committing to legislative processes it will not comply with?

2. Under the new arrangements is the government proposing any oversight of the legislative protocol above and beyond the oversight of cabinet office?

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for the Status of Women, Minister for State/Local Government Relations) (14:35): I thank the honourable member for his most important questions. Indeed, the State/Local Government Relations Agreement is a very important document and this government places a high degree of value on it. It is an agreement that articulates the aspirations of the two spheres of government with the aim of delivering greater benefits to South Australia and, of course, the communities which we serve, and it aims to cultivate a more strategic collaboration between those two spheres of government. It sets out a set of principles for engagement and also a schedule of priorities, and these are usually updated annually.

The government does seek to consult with the local government sector wherever and whenever it can. We very much value and acknowledge the local government as an extremely important sphere of government and, as I said, we attempt to involve that level of government in consultation wherever and whenever we can. That does not mean that from time to time it is unavoidable that sometimes the consultation occurs once a draft bill is presented, but we have a process through parliament that allows for full community consultation and participation so really local government is, in effect, consulted with and does have an opportunity to input and give feedback, albeit sometimes in a later stage rather than a former stage.

In terms of the movement of the responsibility for the intergovernment agreement over to Premier and Cabinet, the changes of government that were recently announced are proposed to be put in place before the end of the financial year so at present the responsibility still rests with me, but we are in the process of identifying the range of different responsibilities, the resources associated with that and transferring those to appropriate agencies. There are new agencies, so that is in a state of transition. In the meantime, it is business as usual, so that rests with me.

In terms of the general overall responsibilities, Premier and Cabinet will take responsibility for the strategic across-government responsibilities associated with not just local government but it will be part of its overall responsibilities, and that will include responsibility for the agreement. My understanding is that it has not been formalised yet, but the preliminary feedback has been that the LGA seems very pleased indeed and sees it as appropriate to have the responsibility for that agreement resting with Premier and Cabinet.

As I said, they are yet to formalise their position. I think that it is a very strategic move. That office is very much equipped to coordinate overall government strategic alliances and across-government responses to various positions. As I said, at least in a preliminary way, it has been well met by the LGA.