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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-07-07 Daily Xml
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PARKING FINES

The Hon. J.S.L. DAWKINS (14:51): I seek leave to make a brief explanation before asking the fourth Minister for State/Local Government Relations this year a question about increases in parking fines.

Leave granted.

The Hon. J.S.L. DAWKINS: On 11 February this year, the Premier, the then state/local government relations minister (Hon. Bernard Finnigan) and the former Local Government Association president, mayor Felicity-Ann Lewis, signed a joint agreement at Parliament House. The then minister referred to it as 'a new milestone in the collaborative relationship', and I quote from the joint media release:

The agreement underpins the commitment of both parties to regular and effective communication, consultation and negotiation on the formulation and implementation of key policies, legislative proposals and significant programs and projects.

Many motorists were shocked to read the Sunday Mail article titled 'Parking, speed fines rocket' on Sunday 26 June 2011. This article detailed the exorbitant increase—in some cases almost 100 per cent—in hundreds of parking fines; for example, overstaying the time limit increasing from $22 to $43 and obstructing a driveway from $43 to $64, which has been made effective from 1 July. I will quote from the article:

The rise is set to shock many motorists, with the changes buried in the Government Gazette published on June 9, with almost 600 other traffic and parking fine increases.

Local Government Association spokesman Chris Russell said councils, which are required to enforce parking expiation fines, were not consulted or made aware of the increases before discovering them in the gazette.

I also note that now, under section 123 of the Local Government Act 1999, councils have legislative time lines and mandated public consultation in relation to their annual business plans and budgets which, at the time of the gazettal of these fee increases on 9 June, were either completed or very near completion. My questions are:

1. Will the minister concede that the former minister's actions were in breach of the agreement due to his lack of consultation with councils and the Local Government Association in relation to this policy decision?

2. Will the minister guarantee to provide greater consultation and communication and adhere to the agreement before making decisions in the future, particularly where fees are increased by up to 100 per cent?

3. Has the minister sought crown law or departmental advice as to whether these fines could withstand a legal challenge, given that the late gazettal made it impossible for councils to accurately record the increase in their Annual Business Plan and Budget documents, which must be released for public consultation?

4. Will the minister agree to indemnify any council concerned in relation to this issue if a legal challenge does arise?

The Hon. R.P. WORTLEY (Minister for Industrial Relations, Minister for State/Local Government Relations) (14:55): I would like to thank the member for his very important questions. First of all, I will just make it quite clear that I do intend, in my role as local government/state relations minister, to actually have a far greater—very wideranging consultation regarding—

The Hon. J.S.L. Dawkins: Far greater than the previous ministers, is that what you were going to say?

The Hon. R.P. WORTLEY: No. I do not need you to tell me what I was going to say. I have all the confidence in the actions of the previous ministers. They all acted on advice and in good faith. With regards to the other issues, I will take them on notice and get back an answer to them as soon as I can.

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