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The Local Government System in Australia

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COUNTRY PROFILE 2017–18 THE LOCAL GOVERNMENT SYSTEM IN AUSTRALIA AUSTRALIA SUMMARY Australia is a constitutional monarchy with a federal division of power comprising six states and two territories. Local government is under the jurisdiction of each state and territory government. There is no constitutional provision for local government. The Department of Infrastructure, Regional Development and Cities (DIRDC) is responsible for local government policies and programmes for the Australian Government. There are 546 local government areas in Australia, all of which are single-tiered. In 2015–16 local government expenditure was 5.7% of total government expenditure, and in 2017, 32.2% of councillors were women. Local authorities raise over 90% of their own funds; however this proportion varies considerably between larger urban and smaller rural authorities. Although there are variations between the states and territories, councils typically have statutory responsibility for local infrastructure, health, water and sewerage amenities, community services including childcare, aged care and recreation, cultural and educational establishments, and commercial establishments including parking, aerodromes, cemeteries and quarries. 1. NATIONAL GOVERNMENT 2.2 Main legislative texts The Commonwealth of Australia was There is no federal jurisdiction over local established by federation in 1901 and government. Each state or territory has is a federal constitutional monarchy.2.1a its own local government legislation The federal parliament, based in the see table 2.1c and reference 2.2b-h. capital Canberra, comprises a house of Typically, such legislation covers the representatives and a senate. The house role and powers of councils, conduct KEY FACTS of representatives has 150 members, of local elections, qualifications of each representing a separate electoral councillors, codes of conduct for division. Members are elected for councillors and mayors, procedures for POPULATION (2017 Census): terms of up to three years under the council meetings, the role of council 23,401,892 preferential vote system. The senate has employees, requirements for financial AREA (UN 2006): 76 senators: 12 are elected for each of the management, accountability and 7,692,024 sq km six states, and two each for the Australian reporting obligations, and powers to Capital Territory (ACT) and the Northern levy rates and charges. Between 1989 CAPITAL: Territory. Senators are elected using a and 1999 all local government acts Canberra proportional representation system. were reviewed, with Queensland and CURRENCY: State senators are elected for six-year the Northern Territory’s Acts being Australian dollar (AUD) terms. The election of territory senators reviewed again in 2009 and 2011 takes place at the same time as elections respectively. These reviews generally HEAD OF STATE: for the house of representatives. resulted in less prescription of councils’ HM Queen Elizabeth II Following the 2016 national elections, roles and functions, but greater public 28.7% elected representatives and accountability and tighter requirements GOVERNOR-GENERAL: 40.8% of senators were women.2.1b The for corporate planning and reporting. Sir Peter Cosgrove head of state is HM Queen Elizabeth HEAD OF GOVERNMENT: II, represented by a governor-general 2.3 Proposed legislative changes Prime Minister Malcolm Turnbull who is appointed for a five-year term State and territory governments have on the advice of the prime minister. differing proposed changes to the FORM OF GOVERNMENT: constitutional monarchy The governor-general appoints the legislative and policy frameworks cabinet, also on the advice of the prime under which local governments PARLIAMENTARY SYSTEM: minister, and all members of cabinet operate. The New South Wales bicameral must be members of parliament. Government has undertaken a review Members of parliament are distributed into its legislation and has made STATE STRUCTURE: between the six states of the national changes that seek to clarify roles federal government (called the Commonwealth and responsibilities of councillors, Government): New South Wales (48 LANGUAGE: mayors, administrators and general English (official) members), Victoria (37), Queensland (30), managers; introduce new guiding South Australia (11), Western Australia (15), principles for local government; improve NATIONAL ELECTIONS: Tasmania (5); and two territories – the governance of councils and professional last: 2016, turnout: 91.0%; next: 2019 ACT and the Northern Territory (2 each). development for councillors; expand on the framework for strategic business WOMEN IN PARLIAMENT (2016): representatives: 28.7; senators: 40.8% 2. LEGAL BASIS FOR planning and reporting; prioritise LOCAL GOVERNMENT community engagement and financial LOCAL ELECTIONS: 2.1 Constitutional provisions accountability; and streamline council vary from state to state Although local government is recognised administrative processes. The Western WOMEN COUNCILLORS (2017): in all state constitutions, and in the Australian and Victorian Governments 32.2% federal legislation which is effectively the are currently undertaking reviews of their local government legislation. constitution of the Northern Territory, LOCAL GOVERNMENT EXPENDITURE there is no reference to local government as a percentage of total government in Australia’s national constitution2.2a. expenditure 2015/16: 5.7% www.clgf.org.uk/australia 5 THE LOCAL GOVERNMENT SYSTEM IN AUSTRALIA COUNTRY PROFILE 2017–18 Table 2.1a Distribution of local government areas and population They manage their own systems of local Local government Population Population % rural government, each with legislation which State/territory areas 2016 Census 2017 estimate 2016 confer on local government powers and New South Wales 131 7,797,791 na na responsibilities, including provisions for local elections. Seven of the eight states Queensland 77 4,883,739 na na and territories have a separate tier of local government – the exception is the South Australia 74 1,716,966 na na ACT, where the Territory government performs all local government functions. Tasmania 29 519,050 na na States and territories have ministers who Victoria 79 6,244,227 na na are responsible for local government (although the formal titles vary), and Western Australia 137 2,567,788 na na who manage implementation of their local government legislation. They are Australian Capital Territory 1 406,403 na na each supported by a department which manages programmes to help councils Northern Territory 18 245,048 na na achieve good governance and provides TOTAL 546 *23,401,892 24 511,800 <10.0 policy advice. Where there is a severe failure of governance in a council, a * Total includes institutional population state or territory minister has authority Source: DIRDC communication with CLGF and Australian Bureau of Statistics2.3a to dissolve the council and appoint administrators to carry out some or all 2.4 National urban policy in purchasing, joint delivery of services of the local government’s functions. The Australian Government released and advocacy before other levels of Generally this will be accompanied by a the Smart Cities Plan on 29 April 2016.2.2i government. The size of Australian local public inquiry into the council, prior to a The Smart Cities Plan sets out a range governments varies from some Western new council being elected. of opportunities and challenges that Australian councils with less than 1,000 residents, to Brisbane City Council with a cities face in Australia and proposes 3.3 Council types actions to address them. The Australian population of over one million. There is a wide variety of council Government is implementing the structures in Australia, both between Decentralisation Program which was 3.2 Ministerial oversight and within states. Councils have launched April 2017. The Decentralisation The responsible department of state considerable discretion over their Program aims to ensure that the benefits is the Department of Infrastructure, organisational structures and of national economic growth are not 2.3b Regional Development and Cities committee systems, but are usually restricted to Australia’s major cities. (DIRDC) which manages most federal required to conduct nearly all formal Under the Decentralisation Program, local government programmes and council business in open session. the Government will consider business provides policy advice to the minister. cases on proposed relocations and make The minister is responsible for: allocating 4. ELECTIONS decisions on relocations in 2018. federal funding for local government, mostly via the state and territory 4.1 Recent local elections 3. STRUCTURE OF LOCAL GOVERNMENT governments2.3c-j; producing an annual Local elections vary from state to .2a-h 3.1 Local government within the state report on local government to be tabled state ; see Table 1c. Australia has a total of 546 single-tiered in the federal parliament; and annual local governments. Although local national awards recognising excellence 4.2 Voting system in local government. Constitutional governments sometimes voluntarily The system of election for local councils responsibility in Australia for local come together to form regional varies from one state or territory to government areas (usually called organisations of councils, these do not another. Table 1c below outlines the councils) lies with the eight state and form a separate tier of government, but different practices. Some states have territory governments.
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