Local Government Constitutional Summit

Melbourne Convention and Exhibition Centre

Thursday 11 December 2008, 10:00am

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Acknowledgements

Other Acknowledgements

Introduction

  1. It’s a great pleasure to be here and to see hundreds of representatives from local government across Australia.
  2. Geoff - Thank you for the invitation to join you all on the final day of your summit – and may I offer my personal congratulations on your recent election as President of the Association, and your re-election to Monash City Council.

Local Government

  1. When we reflect that Australia’s first local government was created in Adelaide almost 170 years ago, some might argue that the establishment of the Australian Council of Local Government by the Rudd Government has been a long time coming.
  2. But the initiative highlights the significant role of local government in Australia.
    And when I say ‘local government’, I am referring to innovative Local Government.
    Local Government where best practice occurs across the nation.
    Local Government that provides leadership to help communities harness their local resources.
    Local Government that develops and strengthens regional identity and social cohesion.
  3. The role of local government in Australia, especially in regional communities, was reinforced by the Rudd Government’s $300 million Regional and Local Community Infrastructure Program, announced last month.
  4. The Rudd Government sees Local Government as pivotal in building local community infrastructure in all of Australia’s 565 local council areas.
  5. But while local government is undoubtedly the level of government closest to the community, there is nothing in the Constitution to acknowledge the important role that it literally plays in the everyday lives of Australians.
  6. That is why the Rudd Labor Government has indicated that if there is adequate support in the Local Government community then we will support a referendum to amend the Constitution to recognise the autonomous role of local government.
  7. To assess the extent of that support - as the Prime Minister indicated last month – bodies and organisations that are representative of local government need to come together – as you have done this week – to identify the different attitudes and views that exist on this issue.
    And - if constitutional recognition is supported - to address the form of recognition you want in a careful, considered and cohesive manner.

History of Constitutional Change

  1. The history of constitutional change in general, and the recognition of local government in particular, provide some valuable lessons.
  2. Since 1901, there have been 44 proposals to change the Constitution put before the people in referenda.
    Only 8 of the proposals have been successful.
    Of those 8, only one proposal had a “no” case. That is, the 7 successful proposals effectively had universal support.
  3. What does that tell us about constitutional change in Australia?
  4. At the very least, it shows that the Australian people demand clear and compelling arguments for constitutional change, and are unlikely to be satisfied with less.

Constitutional Requirements

  1. This is explained, in part, by the requirements of the Constitution itself.
  2. Section 128 of the Constitution sets a high bar for assessing democratic support for constitutional amendment.
  3. I’m talking about the requirement that a proposal achieve the support of a ‘double majority’.
    That is, the support of a majority of electors in a majority of the States - as well as a majority of electors nationally.
  4. The requirement to achieve the support of at least 4 of the 6 States highlights the need to ensure any proposal can effectively attract very wide support.
    Active opposition to a proposal by two or more States, for example, would clearly be a significant obstacle.
  5. In a practical sense, proposals for change must be reduced to clear propositions that are persuasive – beyond the class of committed supporters who admit to ‘Yes’ or ‘No’ answers.
    The more complex the proposal, the more difficult the task.
  6. If just one member of Parliament opposes a proposal, the Government must fund a “no” case.
  7. In short, what lies at the heart of constitutional change is democratic support.
  8. The only way to achieve this is to nurture convincing, broad-based consensus that change is either necessary, or highly beneficial, for the Australian system of government.
  9. That support can only be achieved through engagement with the community on the issues.
  10. The support of local governments for recognition of local government is a pre-condition. But even that is not enough to guarantee the support of the Australian people as a whole.
  11. If constitutional recognition of local government is to be achieved, it is incumbent on those calling for change to convince the public that such change is desirable.
    This will require considerable effort.
  12. The obvious questions to answer – and which the public will undoubtedly ask - are ‘Why?’, and ‘What will change?’
    Let me expand on this.
  13. The question of the form of constitutional recognition is likely to be important.
    It is not enough to simply say that the current arrangements are not as good as they could be.
  14. Many of us here will remember the two failed attempts to achieve constitutional recognition of local government.
  15. The Whitlam Government’s proposal in 1974 took the form of providing ‘financial assistance’ directly to local government.
    As we know, that proposal was defeated nationally and in all States except New South Wales.
    It was in fact one of four proposals put before the people in May 1974 – all were defeated.
  16. In 1988, the Hawke Government sponsored a proposal to add a new section – section 119A - to the Constitution, which would have required ‘each State [to] provide for the establishment and continuance of a system of local government’.
  17. This proposal too was resoundingly defeated, with between 60 and 71 per cent of people in each State voting against the proposal.
  18. The lessons from both the 1974 and 1988 experiences are instructive.
  19. Fundamentally, Australian voters must be convinced of the general proposition that constitutional recognition of local government is important.
  20. Secondly, a lack of bi-partisan support – a feature of both the 1974 and 1988 referenda – will likely lead to defeat.
  21. In effect, to sustain a referendum proposal, all sides of politics must be convinced about the benefits of constitutional change and the form in which the change should occur.
  22. Although bipartisan support is not a guarantee of success, it is fair to say that no referendum has been successful without it.
  23. Finally, and appropriately, the people are the final arbitrators in the Australian democracy – they must be involved every step along the way if a referendum proposal is to have any chance of success.
  24. Of course, this links back to some of the other points I have made.
    If the proposal is too complex, if it isn’t coupled with a persuasive education campaign or if people aren’t convinced that the amendment is necessary, the proposal for change just won’t get up.

Conclusion

  1. Please don’t conclude that my comments cast a shadow over your deliberations.
  2. In fact I believe that organisations like the Australian Council of Local Government and like those participating at summits such as this, will assist enormously in mapping the possibilities and confronting the obstacles to constitutional recognition of local government.
  3. Inevitably your deliberations will be useful in identifying steps that can be taken along the ways. Steps to enhance and formally recognise the role of Local Government.
  4. Australia’s democratic processes and our stability as a nation have largely been driven by the actions of clear thinking people – not simply by random events or ideas.
  5. To the extent that we are all capable of doing so, we must be involved in the ongoing and sometimes complex development of the way we want to be governed.
  6. More often than not, change has been incremental. History may well see the establishment of the Council of Local Government as a significant step. But ultimately how far and how quickly constitutional recognition proceeds will depend on the strength and momentum of support for the proposal.
  7. The Rudd Government is committed to assisting on this important matter.
    I wish you well in your endeavours and look forward to working through the issues with you.

ENDS