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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2016-06-07 Daily Xml
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Local Government Informal Gatherings

The Hon. A. PICCOLO (Light) (14:45): I direct my question to the Minister for Regional Development. My question is: what steps will the minister take to promote accountability and transparency with regard to council informal gatherings?

The Hon. G.G. BROCK (Frome—Minister for Regional Development, Minister for Local Government) (14:45): I thank the member for Light for his question and also his dedication over many years, as with other members in here, to local government. Many councils in South Australia take the opportunity of using informal gatherings—a process whereby elected members can attend workshops or briefings organised by council staff—in order to better inform themselves about a range of community issues.

As someone with significant experience in local government, I can see the value in members being able to expand their knowledge through informal gatherings. However, I have seen a trend developing where some councils lock informal gatherings in on a regular basis and, in some cases, mandate that these workshops be closed to the public, apparently on the basis that members and staff feel more comfortable in discussing issues and proposals in confidence.

As Minister for Local Government, this is a position I have had difficulty in accepting, especially with respect to the potential for decisions to be effectively made in informal gatherings with the expectation of them being rubber-stamped by the time they reach full council meetings. This is particularly concerning where informal gatherings are regularly held in confidence. It is my belief that council processes should be as accountable and as transparent as possible, with enthusiastic debate followed by decision-making occurring at council meetings. I think this is an important means by which communities can be assured that their best interests are at the forefront of council decisions.

The Local Government (Accountability and Governance) Amendment Act 2015 commenced on 31 March this year and contained a provision requiring all councils to have a policy in relation to informal gatherings. Under the Local Government Act now, an informal gathering or a discussion can be properly held only if the council has adopted a policy on the holding of these gatherings and the gatherings comply with the policy. These provisions aim to ensure that, while informal gatherings can be a useful tool, they are not to be used as a replacement for full debate and decision-making at council meetings.

During passage of the legislation, I outlined my expectation that council informal gatherings policies should include the following aspects:

they should be open to the public;

the decision to hold informal gatherings in confidence be made on a case-by-case basis;

councils should publish notification details of informal gatherings on their websites; and

when councils decide to hold an informal gathering in confidence, the broad reason for this decision be briefly stated on the website.

In addition to my comments during the passage of the bill, prior to the commencement of the act I wrote to each council reiterating my expectations about informal gathering policies. New section 90(8b) of the act provides for the making of regulations to prescribe requirements for informal gatherings policies. While my preference was to provide councils with the opportunity to develop suitable policies in the first instance, an assessment of council policies has indicated the need for making regulations in order to obtain a consistent approach that promotes accountability and transparency.

I am writing again to all mayors, indicating my intention to make regulations in this area, commending those councils that have moved in the right direction and expressing my disappointment to those who haven't. In my view, public notification and public access to informal gatherings should be the default position while providing councils with the flexibility to hold informal gatherings in confidence where council decides it is necessary, in line with the kinds of exceptions outlined in section 90 of the Local Government Act and provided the required notice and reason is published.

Members interjecting:

The SPEAKER: The members for Hartley and Finniss are warned for the second and final time. I realise the member for Hartley suffered a lot on Saturday at Woodville Oval, but that is no excuse for his behaviour. Deputy leader.

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