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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-11-15 Daily Xml
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LOCAL GOVERNMENT CONSULTATION

The Hon. S.G. WADE (14:39): I seek leave to make a brief explanation before asking the Minister for State/Local Government Relations a question relating to local government consultation. Leave granted.

The Hon. S.G. WADE: Since the Local Government Relations Agreement was signed in May 2012, two very significant bills impacting on local government have been tabled in the parliament: firstly, the Development (Private Certification) Amendment Bill 2012, and the second, the Independent Commissioner Against Corruption Bill 2012.

Both of these bills have a direct impact on local government and, under the legislative protocols attached to the State/Local Government Relations Agreement, an advanced consultation process would be required. Neither the Development (Private Certification) Amendment Bill nor the ICAC Bill followed the recommended consultation procedure in the agreement. No explanation or justification has been given for the departure from the agreed consultation procedure.

Further, the Minister for Planning in the other house has criticised the Local Government Association for not providing feedback in a timely manner. I would remind members that the Local Government Association has an obligation to consult with 68 councils in the state of South Australia and provide them with a reasonable opportunity to provide feedback on legislative proposals.

In the case of the private certification bill, for example, consultation was made extremely difficult because, I am advised, the Local Government Association was not provided with an advance copy of the bill or advised that it would be tabled in the House of Assembly on 18 October 2012; the Local Government Association had to source its own copy of the bill; during discussions and correspondence with the department, no commitment was given about whether or how particular concerns would be resolved; and the regulations that will provide the majority of the detail about how the private certification system will operate have not been released.

The Minister for Planning has also criticised the Local Government Association for consulting with the opposition, leading to the opposition questioning the government—shock, horror! The Local Government Association has raised all these issues with the minister; however, the minister has not provided a response. My questions to the Minister for State/Local Government Relations are:

1. What was so special about the two bills that the consultation procedure set out by the act could not be followed?

2. When prior consultation on a bill is not possible due to urgency or other reasons, is there a process for ensuring that consultation occurs during the parliamentary process?

3. When prior consultation has not occurred by the relevant minister or agency, what is the government's view on how the Local Government Association should represent its members and engage in the parliamentary process?

4. Which part of government is responsible for ensuring that, when a cabinet submission goes forward, consultation is completed in accordance with the State/Local Government Relations Agreement, and what involvement do you have in that process?

The Hon. R.P. WORTLEY (Minister for Industrial Relations, Minister for State/Local Government Relations) (14:42): I would like to thank the member for his questions. As the Minister for State/Local Government Relations, I do have a very good relationship with the LGA and most of the councils, or all of the councils I would think.

Members interjecting:

The Hon. R.P. WORTLEY: The vast majority of ministers have a very good line of consultation with the LGA. The particular portfolio that the Hon. Mr Wade is talking about is planning, so what I will do is take it on notice and refer it to the minister so he can have dialogue with the Minister for Planning.

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