Geoff Lyons (Bass, Australian Labor Party) Share this | Hansard source

I rise in the House to add my remarks to the proposed Constitution Alteration (Local Government) 2013. The Australian Constitution is the nation's founding political and legal document, and was developed in a series of constitutional conventions in the 1890s. It came into effect at Federation in 1901. Australia has changed significantly since then, and it is quite sensible to recognise local government in that document.

It is notable that in the last five years the Commonwealth has partnered with local government to deliver over 6,000 community projects to generate local employment and provide long-term benefits for local communities. These are in addition to the repair and upkeep of roads that have taken place at 16,000 road sites across Australia under the Roads to Recovery scheme. Working with local government, we the Labor government have invested billions of dollars in constructing sporting grounds, libraries, ovals, parks, gardens, town halls and community centres.

In my electorate of Bass this partnership is evident in many projects. During May this year the federal government announced Black Spot funding and community heritage grants. In the last five years, federal Labor money has gone to Aurora Stadium, to the regional tennis centre, to the regional swimming centre and to many other sporting and cultural facilities. The federal government and the local government have worked together to build lasting infrastructure during the global financial crisis and to keep jobs in local communities.

To give some background on this particular issue, local government is now recognised in all state constitutions. The Commonwealth Constitutional Convention, established by the Whitlam government, recommended at a number of sessions between 1973 and 1985 that local government be given recognition in state constitutions and/or the Australian Constitution. As a consequence, all states recognise local government. Proposals to recognise local government in the Australian Constitution have twice been put unsuccessfully: by the Whitlam government in 1974 and by the Hawke government in 1988. This issue is once again on the agenda and in August 2011 the government appointed an Independent Expert Panel on Constitutional Recognition for Local Government. I was pleased to attend one of those hearings in my electorate of Bass on 25 October 2011.

I am, however, alarmed that the opposition seem a bit divided on this issue. At a local meeting in Bass, the Liberal candidate for Bass followed and agreed with Olga Scully in saying that there should not be constitutional change to recognise local government. Indeed, those opposite seem divided on a number of issues lately, including paid parental leave and electoral funding. On the big issues, it seems that they just cannot get their act together.

In December 2011, the expert panel presented its final report, concluding that financial recognition of local government through an amendment to section 96 of the Constitution was a viable option in 2013. In 2012 the parliament established a Joint Select Committee on Constitutional Recognition of Local Government. The committee released its final report in March this year, and the committee recommended that a referendum on the financial recognition of local government be held in the 2013 federal election.

The alteration to section 96 would specify that state and Commonwealth 'may grant financial assistance to local government bodies formed by a law of the state'. The financial assistance can be for a wide range of services and facilities and, without limiting the generality of the specific provisions, the long title of the act refers to grants of financial assistance for community and other services typically provided by local government bodies.

The Prime Minister, on 9 May, announced that the government was planning to hold a referendum on 14 September 2013 to recognise local government in the Constitution. The terms of the proposal were publicly released on 16 May. This is a modest but important change to ensure our Constitution remains relevant and reflects all spheres of government in Australia.

If you know how to swim today, the chances are you learnt to swim in your local pool. If you kick a footy with your mates on weekends, the chances are you learnt to do that on the council-run oval and of course there is the example we all know of, when you pull out of your driveway, the chances are that the street you are on is maintained by your local council. Many of these facilities are provided in partnership with federal government. Despite this modern reality, the Constitution is silent on the role of local government. We are asking the Australian people, on 14 September, to support a modest change to the Constitution. It is a common sense change, which should be supported. It is about saying 'yes' to retain important community benefits; it is about saying 'yes' to our communities.

But I would not like to see this change that is being proposed in any way diminish the role of states with regard to administration of local government. Recognition in the Constitution does not alter the fact that local governments are created by and are accountable to state governments. Constitutional recognition has never pretended to address the issue of financial sustainability. Local governments remain responsible to the states. From time to time, the Commonwealth continues to contribute in the form of financial assistance, grants and other support.

I thank local councils in my electorate for the work they do in making our community a better place to live. I enjoy a great working relationship with the councils in Bass. Local government is important to Australia and that is why I support this change to the Constitution. It is time for a sensible, modest change to the Australian Constitution to reflect the reality that, for many years, the Commonwealth has partnered with local government to deliver services and infrastructure that are essential to our local communities.

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