Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-09-15 Daily Xml

Contents

LOCAL GOVERNMENT BY-LAWS

The Hon. S.G. WADE (14:37): Take one for the country. I seek leave to make a brief explanation before asking the Minister for State/Local Government Relations a question relating to local government by-laws.

Leave granted.

The Hon. S.G. WADE: The recent Supreme Court ruling in the case of the Corporation of the City of Adelaide v Corneloup and Ors legally considered the council's by-law making power under the Local Government Act in the context of the constitutionally implied protection for political communication. On 11 August 2011, the day after the court case, the Local Government Association issued a circular, circular 32.6. The new template referred to in that circular melds the previous template Canvassing (by-law 9.14) and Preaching (by-law 9.32) into a single by-law under the heading 'Soliciting'. The by-law has also had references to 'preach and harangue' removed. My questions are:

1. Will the government be appealing or supporting the Adelaide City Council to appeal the Corneloup case to the High Court?

2. Is the minister satisfied that the local government acts provide sufficient authority for councils to enact by-laws that comply with the Supreme Court ruling and will withstand legal challenge?

3. Is the minister confident that the council and police have sufficient laws and powers to protect public safety in the face of recent disturbances in Rundle Mall?

The Hon. R.P. WORTLEY (Minister for Industrial Relations, Minister for State/Local Government Relations) (14:38): These are reasonably complex issues, so I will take that on notice and get back to you as soon as possible.