In the media
Legacy mindset causing governments to lag on
technology
Government technology trends have the potential to
revolutionise services, but the public sector's legacy mindset
and resistance to change means that opportunities are being missed,
an expert says (10 October 2019).
More...
High cost of recycling leads to more landfill
waste
The high cost of recycling in Australia has seen many
local councils abandoning recycling schemes and sending all their
waste to landfill, an industry white paper says (10 October 2019).
More...
Free fleet-management calculator for electric
vehicles
Councils and other entities considering ways to transition
their fleets to electric vehicles can now use a free calculator
that its creators say is the first of its kind in Australia (11
October 2019).
More...
Planning for Australia's Future Population
The Australian Government launched a new Centre for Population. It is intended that the research, analysis and forecasting undertaken by the centre will help all levels of government and the community better understand how states', cities' and regions' populations are changing and the challenges and opportunities this presents (10 October 2019). More....
Mayors fear entrenched homelessness across
capitals
Inaction on addressing homelessness and the lack of social
and affordable housing risks entrenching disadvantage among
Australians across our capital cities, the Council of Capital City
Lord Mayors has warned (10 October 2019).
More...
New quad bike standard to save lives
The Australian Government is improving the safety of quad
bikes with the introduction of a new safety standard to protect the
community, Minister for Housing and Assistant Treasurer Michael
Sukkar said (10 October 2019).
More...
Quad bike rebate extension: The Victorian Government has
extended the quad bike rebate for a further nine months to help
Victorian farmers to improve safety on their properties.
Undemocratic, un-Australian': Welcome to local
government elections
Voting rights based on owning property were last seen in
many democracies in the late 19th century, but they live on in most
Australian local government elections (05 October 2019).
More...
Emphasise disaster mitigation, not recovery, ALGA &
insurance industry tell Parliament
The ALGA has told a Senate inquiry that new legislation to
create a natural disasters emergency response fund ought to focus
on mitigation measures before a calamity occurs, rather than only
on recovery efforts. The Senate Finance and Public Administration
Committee is examining the Emergency Response Fund Bill 2019 and
Emergency Response Fund (04 October 2019).
More...
Guidelines stress need to embed good AI procurement
practices
Governments often lack experience in acquiring AI
solutions, new guidelines say. There are also concerns about
privacy, accountability and transparency – not to mention
complexity. The guidelines also stress the need for Governments to
understand negative outcomes of the technology, as well as benefits
(04 October 2019).
More...
Remote airstrip upgrades
The Commonwealth has announced $8m in the latest round of
funding for eligible organisations to perform safety and access
works at remote aerodromes and airstrips. Successful applicants can
use money from the Remote Airstrip Upgrade Grants Round 7 for
eligible projects including upgrading runway surfaces or stormwater
drainage, installing or upgrading runway lighting and navigation
(04 October 2019). More...
Don't underestimate the value of
right to know
Citizens highly value the right to find out government
information, and government departments and agencies should make
better use of technology to ensure they provide access to it (02
October 2019).
More...
Victoria
Special report on corruption risks associated with
procurement in local government
Allegations of corruption associated with procurement have
been a recurring feature of complaints received and investigations
conducted by the Independent Broad-based Anti-corruption Commission
(IBAC), as well as other Victorian and interstate
integrity agencies (30 September 2019).
More...
Local council corruption risk highlights need for
greater scrutiny, ratepayers group says
A ratepayers advocacy group says a damning report into the
risk of corruption within local government in Victoria highlights
the need for greater scrutiny of regional councils (02 October
2019).
More...
Councils accuse Fines Victoria of 'dog ate my
homework' excuses over unrecovered debts
Claims of delays and a drop in the recovery of fines has
led to 11 councils experiencing massive cash shortfalls, since
Fines Victoria replaced Civil Compliance Victoria in 2017 (01
October 2019).
More...
Small business owners claim 'widespread,
catastrophic' losses over $60m redevelopment
Small business owners in Melbourne's south-east mount
a class action against their local council, claiming a carpark
development has left them battling financial woes, marriage
breakdowns and even mental health issues (01 October 2019).
More...
When is a complaint to a council not considered a
complaint? Ombudsman releases enquiry findings
Many Victorian councils are understating the number of
complaints they receive, raising concerns they are failing to deal
with dissatisfaction from their communities, Victorian Ombudsman
Deborah Glass has found in a survey of all 79 Victorian councils
(08 October 2019).
More...
Whistleblower claims aired against council over alleged
financial impropriety
Ratepayers Victoria has accused high-ranking council
employees of silencing staff who tried to raise concerns about
alleged fraudulent spending and cover-ups of financial impropriety
(11 October 2019).
More...
Bold transport vision to boost City's
liveability
An ambitious 10-year transport plan to respond to
Melbourne's significant population growth by delivering more
space for pedestrians, public transport users and cyclists, will
return to City of Melbourne councillors for final consideration (11
October 2019).
More...
EPA fines Council over Violet Town landfill
Strathbogie Shire Council has been fined more than $8,000
for breaching environmental licence conditions on the former Violet
Town Landfill, in McDiarmids Road (10 October 2019).
More...
The residents of Australia's booming suburbs say
they were sold a false dream
When the Bahadur family moved into their new home in
Melbourne's booming outer west four months ago, they dreamed of
suburban bliss. But it turned out to be a nightmare (09 October
2019).
More...
Plan in place for Geelong City Deal rollout
A clear path toward economic diversification, tourism
growth and a thriving city centre has been laid out with the launch
of the Geelong City Deal Implementation Plan (08 October
2019).
More...
Urgent reform required to meet residential demand
In a submission to Red Tape Commissioner Anna Cronin, the
Property Council has urged the State Government to support
additional funding for councils to improve planning and manage the
backlog in planning applications (03 October 2019).
More...
Queensland
OIA: Statement from the Independent Assessor Kathleen
Florian regarding Noosa Shire councillor
The Office of the Independent Assessor has assessed
complaints regarding Noosa Shire Councillor Jess Glasgow as
misconduct and has commenced an investigation. The Office assessed
the councillor's actions as misconduct rather than the lower
level of inappropriate conduct (Breach of the Councillor Code of
Conduct) (12 October 2019).
More...
$6 million funding to increase recycling and support
regional jobs announced
Regional councils and business will have greater access to
recycling following the Palaszczuk Government's $6 million
investment through the Regional Recycling Transport Assistance
Package (RRTAP), an example of waste levy revenue
supporting regional Queensland (11 October 2019).
More...
PCA: Councils set to increase transparency of
infrastructure spending
The Property Council has long advocated that the lack of
transparency around the collection and spending of infrastructure
charges has contributed to community concerns that development
occurs without the necessary local infrastructure upgrades. These
amendments will keep tabs on how these levies are contributing to
local infrastructure upgrades (10 October 2019).
More...
'We don't have a backyard': Urban squeeze
pushes great Australian dream to the fringes
The Australian dream of a house with a backyard is deeply
ingrained and continues to drive urban spread, but that way of life
is under pressure, with South East Queensland's population
forecast to grow by 2 million people over the next two decades (06
October 2019).
More...
Farmers furious as central Queensland weir becomes
political football
Farmers and local politicians voice their objections to
plans to reduce the size of a proposed central Queensland weir as
state and federal governments argue over how to deal with a cost
blowout (03 October 2019).
More...
New Local Government Remuneration Commission chair
announced
Former Sunshine Coast and Noosa mayor and widely respected
local government identity Bob Abbot will chair the new Local
Government Remuneration Commission. Local Government Minister
Stirling Hinchliffe said the commission would establish categories
for Queensland's 77 councils and the amount of remuneration
payable to councillors and mayors in those categories (01 October
2019).
More...
New push to increase council spending transparency
Queenslanders will soon have clear information about how
councils are spending developer infrastructure charges, with
amendments proposed for the state planning system, delivering on a
2017 state election commitment (28 September 2019).
More...
In practice and courts
Free fleet-management calculator for electric
vehicles
Charge
Together Fleets – created by the Electric Vehicle Council
and Evenergi and used by 90 fleets – combines data including
the
Total Cost of Ownership of electric versus fossil fuel engines,
vehicle guides, and ways to collectively procure (October
2019).
National Airports Safeguarding Advisory Group
The NASAG is undertaking a review of implementation of the
National Airports Safeguarding Framework (NASF).
The review is intended to consider implementation of NASF across
jurisdictions; and seeks submissions from all levels of government,
industry and community stakeholders, submissions close on 22
November 2019.
More....
Consultation: DR AS 1926.1:2019, Swimming pool safety,
Part 1: Safety barriers for swimming pools
The released
draft Australian Standard is related to swimming pool safety
barriers for public comment and local governments are invited to
have their say. The draft proposes expanding elements of
AS1926.1-2012 to give additional information to pool owners, pool
users and certifiers so they have a better understanding of the
design and construction of a child-resistant barrier. Responses are
due by 31 December 2019.
More...
Social Media for Government Summit, Melbourne: 4 to 6
December
This event will address the most significant challenges
being faced and uncover the knowledge, strategies and technology to
improve the impact and value of social media efforts. More...
National Local Government Workforce Summit: Tweed Heads,
13-14 November 2019
Featuring expert speakers, interactive workshops, case
studies.
More...
National Local Roads and Transport Congress, 18-20
November 2019
This year's theme is 'breaking through for modern
transport'. Topics to be covered include the future of
transport and how local government can benefit, and an update on
the state of the country's infrastructure by Infrastructure
Australia CEO, Romily Madew
More...
Queensland
North Queensland Regional Plan
The
draft NQ Regional Plan is a 25 year strategic, statutory
planning document for the local government areas of Burdekin,
Charter Towers, Hinchinbrook, Palm Island and Townsville.
Consultation on the draft document closes on 22 November 2019. More...
DNMRE Current Consultations
Cairns South SDA – potential expansion and draft development
scheme
Local Government Borrowings and Working Capital Facilities
2018–19
This Bulletin is to advise Local Governments of the
procedure for submitting borrowing and/or Working Capital Facility
(WCF) applications for the 2019-20 financial
year.
11 October 2019 – First Submission Date | Assessment
Commences: The Department will commence assessment of
completed borrowing / WCF applications and supporting documentation
in order of receipt of the applications.
PCA: Reef regulations amendment Bill passed by
Parliament
The
Environmental Protection (Great Barrier Reef Protection Measures)
and Other Legislation Amendment Bill 2019 was passed on 19
September 2019 with the
new Reef protection regulations proposed to come into effect on
1 December 2019.
More...
LGAQ: Container Refund Scheme (CRS) – Revenue
sharing arrangements
Transitional arrangement provisions in the Waste
Reduction and Recycling (Container Refund Scheme –
Material Recovery Agreements) Amendment Regulation 2019
have been extended to 31 December 2019, allowing more time to find
a sustainable (default) arrangement.
More...
Waste tyre receivers in Queensland now need an
environmental authority
An environmental authority (EA) is now
required for activities that involve receiving and sorting,
dismantling, baling or storing greater than 4t or 4m3 of
end-of-life tyres at any one time. This activity is regulated under
Environmentally Relevant Activity (ERA) 62
–Resource recovery and transfer facility operation
in accordance with the Environmental Protection Regulation 2019.
Current operators have until 23 November 2019 to hold an EA.
More...
Stage 2 changes
The information sheet
Fees for new waste environmentally relevant activities
(ERAs) (PDF, 73K) details the new fees that
apply for waste-related ERAs from the first anniversary day after
15 November 2019 or the next anniversary day if the environmental
authority is amended before 15 November 2019.
DNMRE Current Consultations
Cairns South SDA – potential expansion and draft development
scheme
LGAQ: Migration in regional Australia – have your
say
The LGAQ will be preparing a submission to the Inquiry on
Migration in Regional Australia. The Inquiry will give particular
consideration to how communities and settlement services can best
assist migrants to gain successful employment. Members of the
public can view the plans in full detail and make a submission here from 30 August to
11 October.
Cases
Central Coast Council v Armstrong
[2019] FCA 1613
Pursuant to s 133(9) of the Bankruptcy Act
1966 (Cth), the property at 4 Turners Beach Road, Turners
Beach in Tasmania as is more particularly described in Certificate
of Title Volume 8179 Folio 1 vest in the Central Coast Council for
the purposes of sale by the Central Coast Council of the property
for unpaid rates and otherwise in accordance with the provisions of
s 137 of the Local Government Act 1993 (Tas).
The Applicant's cost of this application have been incurred by
it in proceeding under Division 11 of the Local Government Act
1993 (Tas).
Barngarla Determination Aboriginal Corporation RNTBC v
District Council of Kimba [2019] FCA
1585
PRACTICE AND PROCEDURE – application for an
interlocutory injunction to restrain the respondent council from
conducting a community ballot – where injunction sought
pending the outcome of the appeal – where respondent council
proposed to conduct a community ballot for the purposes of a
process conducted by the Commonwealth Minister responsible for
selecting a site for the National Radioactive Waste Management
Facility – where ballot proposed to be conducted prior to the
hearing of the appeal – where ballot proposed to be conducted
in accordance with the franchise expressed in the Local
Government (Elections) Act 1999 (SA) – where appellant
claimed its members who held native title rights to the land in
question were excluded from the ballot in contravention of the
Racial Discrimination Act 1975 (Cth) – where primary
judge did not accept those claims – whether the appeal would
be rendered nugatory if the injunction was not granted –
whether there was a strong prima facie case on appeal –
whether the balance of convenience favoured the grant of an
injunction – application dismissed
Federal Court of Australia Act 1976 (Cth) s 25;
National Radioactive Waste Management Act 2012 (Cth) ss 7,
10, 18, 19, 22, 23, Part 2; Native Title Act 1993 (Cth);
Racial Discrimination Act 1975 (Cth) ss 8, 9; Local
Government (Elections) Act 1999 (SA) s 14
Queensland
Isaac Regional Council v Warner
[2019] QDC 196
LOCAL GOVERNMENT POWERS, FUNCTIONS AND DUTIES OF
COUNCILS GENERALLY – POWERS GENERALLY – EXERCISE OF
POWERS – GENERALLY – where the council obtained an
enforcement order against the respondent due to her failure to
comply with public health orders – where the appellant was
found to have trespassed by entering the respondent's property
at a time earlier than that specified in the enforcement order
– where the magistrate awarded a global amount for both
compensation and damages for trespass – where the magistrate
failed to indicate the amount attributed under each heading –
whether the magistrate's failure to give reasons identifying
the amount allowed under each heading constitutes an error of
law
LOCAL GOVERNMENT – POWERS, FUNCTIONS AND DUTIES OF COUNCILS
GENERALLY – POWERS GENERALLY – EXERCISE OF POWERS
– GENERALLY – where the respondent claimed compensation
for items of value unnecessarily disposed of from the property
– whether the power to claim compensation under s 422 of the
Public Health Act was engaged
Gold Coast City Council v Anderson
[2019] QMC 8
SUSTAINABLE PLANNING ACT – CARRYING OUT
ASSESSABLE DEVELOPMENT WITHOUT A PERMIT – TREE CLEARING
– FACT FINDING ON SENTENCE – PURPOSE OF CLEARING
– COSTS – RECOVERY COSTS. Evidence Act 1977
(Qld) s132C; Justices Act 1886 (Qld); Sustainable
Planning Act 2009 (Qld) s614
Goodsell Earthmoving Pty Ltd v
Coordinator-General [2019] QSC 243
ADMINISTRATIVE LAW – JUDICIAL REVIEW –
POWERS OF COURTS UNDER JUDICIAL REVIEW LEGISLATION – STAY OF
PROCEEDINGS AND INTERLOCUTORY RELIEF – where the applicant
seeks judicial review of a decision to impose two conditions on an
approval for a material change of use – where the applicant
operates a high impact industry in a low impact precinct in the
Townsville State Development area and applied to the respondent for
approval of its activities – where the respondent granted an
approval for two years subject to conditions – where the
applicant challenges only the condition limiting the approval to a
two year period and a condition limiting vehicle movements to 80
heavy vehicle movements per day – where the respondent
cross-applies for a stay or dismissal of the application on the
grounds that such relief is inappropriate because the impugned
conditions are integral and not severable from the approval as a
whole – whether the proceeding should be stayed or
dismissed
Acts Interpretation Act 1901 Cth s 15A; Acts
Interpretation Act 1954 (Qld) s 9; Judicial Review Act
1991 (Qld) ss 5, 20(2), 23(g), 30(1), 48; State
Development and Public Works Organisation Act 1971 (Qld) s
84E(3)
Legislation
Consumer
Goods (Quad Bikes) Safety Standard 2019
10/10/2019 – This safety standard prescribes
requirements for quad bikes under the Australian Consumer Law
Queensland
Subordinate legislation as made – 04 October
2019
No 196
Planning (Infrastructure Charges Register and Other Matters)
Amendment Regulation 2019
The Amendment Regulation will provide improved transparency in the
infrastructure charging and planning framework by requiring local
governments to provide additional information in the infrastructure
charges register.
No 196
Environmental Protection (Rehabilitation Reform) Amendment
Regulation 2019
This Regulation amends the Environmental Protection Regulation 2019
to implement the rehabilitation reforms under the Environmental
Protection Act 1994 (EP Act) to: support
decisions under the EP Act in relation to Progressive
Rehabilitation and Closure Plan (PRCP) schedules; support the
implementation of Public Interest Evaluations; and set the date for
commencement of the PRCP framework as 1 November 2019.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.