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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2023-08-29 Daily Xml
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Local Government Boundaries

The Hon. J.A.W. GARDNER (Morialta—Deputy Leader of the Opposition) (15:05): My question is to the Minister for Local Government, and I reiterate the Speaker's comments: we are all very glad the minister is well and with us. Does the minister have an answer to the question he took on notice from me on 3 May? With leave, sir, I will explain.

Leave granted.

The Hon. J.A.W. GARDNER: That question sought information regarding the weighting the government will give to community consultation and the consideration of local government boundary changes, a matter of particular concern and interest to constituents of mine in the Campbelltown and Adelaide Hills areas, where a prospective boundary change has been proposed.

The Hon. G.G. BROCK (Stuart—Minister for Local Government, Minister for Regional Roads, Minister for Veterans Affairs) (15:05): I thank the member for Morialta for the question. As I indicated before, I just came back yesterday. It was my first day after three heart attacks and four bypasses, and yesterday and today I have been signing documents regarding lots of outstanding correspondence. However, for the member's information I will read as follows:

Section 27(2) of the Local Government Act 1999 (the Act) requires the Local Government Boundaries Commission (the Commission) to prepare and publish guidelines on a website that detail how it will perform its role in making recommendations on boundary changes.

Section 27(3)(b) of the Act further requires these guidelines to specify requirements relating to consultation, including consultation with the community, councils affected by the boundary change proposal and entities that represent the interests of council employees affected by the proposals.

Accordingly, the Commission has published its Guideline 9—Engagement and Consultation addressing these requirements. This Guideline states that the Commission will design an engagement plan for each general proposal that enables fit-for-purpose engagement and consultation, in accordance with the principles set out in the Guideline:

Engagement is fit for purpose.

The engagement and consultation process matches the significance of the boundary change proposal. It is targeted, flexible, timely and considers any previous engagement and consultation.

Engagement is genuine.

The Commission will make every effort to ensue that councils and communities can participate in boundary change proposals and understand the range of views on boundary change proposals.

Engagement is inclusive and respectful.

Councils and the community affected by a boundary change proposal will have the opportunity to participate and be heard.

Engagement is informed and transparent.

The Commission will ensure that councils and the community have access to all relevant information on boundary change proposals when making recommendations, the Commission will explain the reasons behind them.

Additionally, when undertaking an inquiry into a boundary change proposal, the Commission must consider the principles set out in section 26 of the Act and the boundary matters under section 31(3)(b) of the Act:

i. The financial implications and impact on resources that the general proposal is likely to have on any council affected by the general proposal; and

ii. the extent of support for the general proposal (in particular) and boundary reform in the area (in a general sense) within the community affected by the general proposal; and

iii. the extent of support for the general proposal by any council affected by the general proposal; and

iv. the impact on the various rights and interests of any council employees affected by the general proposal; and

v. any other principles prescribed by the regulations.

While the Act does not set out a weighting or level of precedence that applies to engagement on boundary change inquiries, the Commission has advised councils affected by recent boundary change proposals that, if inquiries into these proposals proceed, community engagement and consultation will take place in accordance with the principles set out in Guideline 9 and be extensive to ensure that the Commission is fully informed of all views.

Following the completion of any inquiry, the Commission will provide me with a report containing the recommendations on the proposal. The inquiry report must also be released publicly on the Commission's website, in accordance with section 31(5) of the Act.

My role under the Act is to determine if a proposal for change will proceed or not, based on this report. I will therefore look closely at all matters included in any such report, including the community engagement that the Commission will have undertaken.

As I explained to the shadow minister before, that has been signed and I read that out so that he has it on Hansard.

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