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Legislative Council - Fifty-Third Parliament, First Session (53-1)
2014-10-28 Daily Xml
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Local Government (Governance) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 15 October 2014.)

The Hon. D.W. RIDGWAY (Leader of the Opposition) (18:01): I rise on behalf of the opposition to make some relatively brief comments about the Local Government (Governance) Amendment Bill 2014. It is a relatively simple and quite small bill that makes two amendments to the current requirements for elected members of local government, specifically requirements under sections 60 and 80A of the Local Government Act. These amendments will enhance the magnitude of the elected members' declaration on taking office and introduce mandatory training and development for elected members.

My understanding is that, of course, we need to pass this before the local government elections are completed (which we are right in the midst of at the moment) so that the government can draft the required regulations, and that all newly-elected council members, as of 7 or 8 November, I think, when the elections are completed in a couple of weeks' time, can undertake that training. The opposition supports it.

I think it is interesting to note some of the comments made by the ICAC commissioner, Bruce Lander, on 3 September, that councils were over-represented in corruption complaints. While the LGA refutes this claim, I am sure that it is not actually about corruption, it is just about some elected members not being fully aware of their responsibilities and requirements under the act. So the opposition certainly supports some sort of mandatory training and, of course, the declaration on taking office.

While this bill does not deal with it, I did hear on radio (it may have even been early yesterday morning) the Speaker from the House of Assembly, Hon. Michael Atkinson, talking about political parties being involved in local government elections. I think it is probably time we had a much more robust declaration and disclosure prior to an election of where people fit, their allegiances, their party memberships and funding.

Members would know that I have made comments in here about a couple of candidates who have taken donations from unions in the past. There is nothing wrong with that, it is not illegal and I have certainly never said it is illegal, but I think the community has a right to know who the puppets are and who the puppet masters are of some of these particular local government elected representatives. Coming back to this bill—I am being distracted away from this bill—I will repeat something that the President of the LGA, Mr David O'Loughlin, said:

…the LGA is seeking to have the proposed change to section 60 and the proposed change to section 80A enacted without delay. These changes are, respectively, a change to enable a more meaningful and comprehensive undertaking to be prescribed for Council Members to make when they first take office and a change to enable the introduction to mandatory training for Council Members. Both these changes are fully supported by the Local Government sector and the LGA board.

I know that the LGA has raised some concerns and they wish to seek to have some input into the drafting of the regulations. I would ask the minister just to acknowledge that—and I am sure it has been done in the other place—and to keep an eye on any possible financial impact on councils as a consequence of mandatory training and development. Of course, we have seen continual increases to cost of living for South Australians under this government. We do not want to see any more burden placed on them, so we hope that it is not too expensive.

The LGA also raised a concern about any attempt to make the regulations too prescriptive. My view of this, because the LGA has raised that, is that the regulations should be drafted in such a way that it not only covers the declarations adequately but also the mandatory training, and thus it should not be concerned about being too prescriptive. These people are elected members of their community. Some are paid not a huge amount of money, but they draw an allowance for that work, and the community needs to have some confidence that they are well equipped to do their work. With those few comments, I indicate that the opposition will be supporting the bill.

The Hon. G.E. GAGO (Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy, Minister for the Status of Women, Minister for Business Services and Consumers) (18:05): I do not believe that there are any further second reading contributions indicated. I thank the opposition for their support. These amendments seek to enhance council members' understanding of their roles and responsibilities in representing their local communities. In relation to the mandatory training requirement in particular, the intention is to ensure council members can develop and maintain the skills and knowledge necessary for them to fulfil their roles with effectiveness, efficiency and transparency.

These amendments were recommended by the Ombudsman, and the bill has been brought before parliament at this time at the urging of the Local Government Association, which requested that the new arrangements be in place in readiness for council members following the November 2014 local council elections. The feedback from the local government sector has been supportive for making these changes but, understandably, keen interest will focus on the drafting of the associated regulations. The Minister for Local Government will work closely with local government in developing the regulations and has also undertaken to keep the shadow minister briefed.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. G.E. GAGO (Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy, Minister for the Status of Women, Minister for Business Services and Consumers) (18:08): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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