LEGISLATIVE COUNCIL GENERAL PURPOSE STANDING COMMITTEE NO. 5 Local Government Amalgamations Ordered to be printed 16 December 2003 according to the Resolution of the House Report 19 - December 2003 LEGISLATIVE COUNCIL Local Government Amalgamations New South Wales Parliamentary Library cataloguing-in-publication data: New South Wales. Parliament. Legislative Council. General Purpose Standing Committee No. 5 Inquiry into local government amalgamations / Legislative Council, General Purpose Standing Committee No. 5. [Sydney, N.S.W.] : The Committee, 2003. – 139 p.; 30 cm. (Report 19 (2003) / General Purpose Standing Committee No. 5) Chair: Ian Cohen, MLC. Ordered to be printed 16 December 2003. ISBN 0734764103 1. Local government—New South Wales. 2. Metropolitan government—New South Wales. I. Title. II. Cohen, Ian. III. Series: New South Wales. Parliament. Legislative Council. General Purpose Standing Committee No. 5. Report; 2003/19 351.944 (DDC21) ii Report 19 - December 2003 GENERAL PURPOSE STANDING COMMITTEE NO.5 How to contact the committee Members of the General Purpose Standing Committee No.5 can be contacted through the Committee Secretariat. Written correspondence and enquiries should be directed to: The Director General Purpose Standing Committee No.5 Legislative Council Parliament House, Macquarie Street Sydney New South Wales 2000 Internet www.parliament.nsw.gov.au Email [email protected] Telephone 61-2-9230 3544 Facsimile 61-2-9230 3416 Report 19 - December 2003 iii LEGISLATIVE COUNCIL Local Government Amalgamations Terms of Reference That General Purpose Standing Committee No. 5 inquire into and report on the social, political and economic impact of amalgamations on local government in NSW, and in particular: (a) The adequacy of current funding arrangements for local government, (b) The effect of unfunded mandates on councils, (c) The local community’s expectations of service provision by local government, (d) The optimum organisational structure to efficiently deliver better local government, (e) The criteria by which amalgamations, boundary changes or major reorganisation of council areas should be decided, (f) The methods by which any such changes should be implemented, (g) The role that state government should play in any changes, (h) The views of residents and ratepayers on amalgamation, (i) The financial implications of amalgamations for financial assistance grants, (j) Any other relevant issues. These terms of reference were self-referred by the Committee. iv Report 19 - December 2003 GENERAL PURPOSE STANDING COMMITTEE NO.5 Committee Membership Mr Ian Cohen MLC The Greens Chair The Hon Ian West MLC Australian Labor Party Deputy Chair The Hon Richard Colless MLC The Nationals The Hon Kayee Griffin MLC Australian Labor Party Ms Sylvia Hale MLC The Greens The Hon Charlie Lynn MLC Liberal Party The Hon Henry Tsang MLC Australian Labor Party Report 19 - December 2003 v LEGISLATIVE COUNCIL Local Government Amalgamations Table of Contents Chair’s Foreword ix Summary of Recommendations x Chapter 1 Introduction 1 Terms of Reference 1 Call for submissions 1 Public hearings 2 This report 2 Structure of the report 2 Chapter 2 The Local Government Reform Program 3 The Local Government Act 1993 3 The Sproats Inquiry 4 Chronology of reform program 4 Public response to the reform agenda 7 Conclusion 9 Chapter 3 Local government finances 11 Financial position of small councils 11 The cost of providing local government 12 Increasing costs and unfunded mandates 13 Maintenance and depreciation of infrastructure 16 Local government revenue sources 17 Rates 19 Financial assistance grants 23 Other sources of ordinary revenue 25 Proportion of National Competition Policy Payments 26 The need for a growth revenue stream 27 Roads, rates and rubbish – and a whole lot more 27 Access to taxation revenue 29 vi Report 19 - December 2003 GENERAL PURPOSE STANDING COMMITTEE NO.5 Chapter 4 Improving local governance 33 Good local governance 33 Keeping the ‘local’ in local government 34 Improving the representativeness and structure of local government 35 The relationship between elected members and staff 37 Popularly elected mayors 38 Councillor remuneration 39 Representation levels 41 Precinct committees 43 Dividing areas into wards 44 The role of the Department of Local Government 45 Inter-governmental relationships 47 Developing an effective partnership between State and local government 48 Constitutional recognition of Local Government 51 Conclusion 51 Chapter 5 Amalgamations 53 The structural reform process and the regional reviews 53 The call for proposals for structural reform 53 The regional reviews 57 Community involvement in the decision to amalgamate 62 Local Government Act 1993 – amalgamation process 62 New Bills proposing alternative processes 63 What method should be used to determine the community’s views? 65 Should the community be consulted on the concept or the detailed model? 68 Will amalgamations improve the bottom line? 68 Economies of scale 69 What does history show us? 71 What factors should be considered in proposing an amalgamation? 74 Is there a threshold limit to the size of a council? 74 Preserving the social and economic fabric of rural communities 75 Creating a new council – and giving it a new name 79 How should amalgamations be implemented? 81 When should the new operating structure commence? 81 The workforces in amalgamated councils 82 Proclamation of the new council 84 Conclusion 86 Report 19 - December 2003 vii LEGISLATIVE COUNCIL Local Government Amalgamations Chapter 6 Alternatives to Amalgamation 87 Governance vs amalgamation 87 Regional alliances 87 Limitations of resource sharing 88 Strategic alliances 88 The role of ROCs 90 A two-tiered approach to local government? 91 Maps, models, lines, and catchments 92 Conclusion 94 Appendix 1 Submissions 95 Appendix 2 Witnesses 102 Appendix 3 Tabled documents 105 Appendix 4 Minutes of proceedings 106 viii Report 19 - December 2003 GENERAL PURPOSE STANDING COMMITTEE NO.5 Chair’s Foreword Local government is generally seen as the poor relation of the three spheres of government in Australia. This inquiry has shown that many people across the State, both in metropolitan and regional areas, care very deeply about how they are governed at a local level. Since June 2003 there has been fear and anxiety in many communities who believe this representation is under threat from the State Government’s structural reform agenda. The focus of much of the evidence was the threat of amalgamations and their potential impact on local communities. Witnesses and those who provided submissions were accepting of the need for change. However they wanted to be involved and consulted, not have change imposed by the State Government. The Committee was persuaded that amalgamations do not necessarily lead to greater efficiencies and economies of scale. Neither academic experts, bureaucrats nor those councils who had experienced amalgamations could demonstrate that there was an economic benefit to amalgamations. Witnesses also agreed that local government is not adequately funded to provide the services expected by the community or to fulfil its required functions. In this report the Committee identifies the need for a source of growth revenue to fund local government. People from all walks of life, in both city and country, voiced their concerns about a declining sense of community in today’s world. Many people see their council as integral to community spirit. They feel that a larger local government body will lead to a loss of social capital and that smaller councils engender a sense of belonging. This report has been made possible because of the participation of three groups of people. I acknowledge the valuable contribution of the many councillors, council staff and members of the public who prepared submissions, wrote letters, appeared as witnesses or attended public hearings. This inquiry attracted a great deal of public interest, and the quality of contributions was high. In its report the Committee can reflect only a small part of the evidence it received, but we are very grateful to all those who demonstrated their interest in and concern for how they are governed at the local level. I would like to thank the secretariat staff for organising the inquiry, including the hearings and preparation of the first draft of this report. Finally, I wish to thank my fellow Committee members for their approach to this inquiry. The hearing process benefited greatly from the experience of many members of the Committee as current or former councillors. All Committee members actively participated to make this a positive example of how a parliamentary inquiry can constructively examine a controversial issue and propose workable recommendations to improve governance in this State. Mr Ian Cohen MLC Committee Chair Report 19 - December 2003 ix LEGISLATIVE COUNCIL Local Government Amalgamations Summary of Recommendations Recommendation 1 Page 16 That a formal process be established whereby all State Government policy and legislative proposals are assessed for their financial impact on local government. Recommendation 2 Page 23 That the State Government, as a matter of urgency, review the rating and rate pegging systems in partnership with the Local Government and Shires Associations of NSW. Recommendation 3 Page 32 That the State Government enter into a funding agreement that provides local government with access to a growing revenue base, and that it determine the most appropriate revenue