Special Council Meeting Agenda 12/09/16 7 Review of the Local Government Act (Act for the Future) Directions for a New Local Government Act - Council Submission Abstract The Minister for Local Government has initiated a review of the Local Government Act 1989. To support this review, the Minister has released a Directions Paper, which proposes far-reaching changes to the Act, including: Extending mayoral terms to two years, adding or strengthening mayoral powers and providing the option of direct mayoral elections Making council electoral structures, the number of councillors and wards more consistent Requiring Council Plans to be driven by "deliberative community engagement" (for example, citizens' juries) Removing the requirement for non-resident property owners to be voters Making voting rules consistent and providing the option for electronic voting for Council elections in 2020 Giving stronger powers to the Minister for Local Government to deal with individual councillors who compromise council governance Creating a single consistent land valuation system for levying rates There are 157 proposed directions in the Directions Paper. The stated intention of the Minister’s review of the Local Government Act 1989 is ‘...not to further renovate the existing Act but rather to create an entirely new legislative structure’. The Directions Paper indicates the aim of the review is to produce contemporary legislation that modernises the relationship between the state and local government to better reflect essential roles and responsibilities and which provides clear guidance to those who work in the sector, and the community, about those roles and responsibilities. The state government is seeking feedback on the Directions Paper by 16 September 2016. A proposed Council submission has been prepared for consideration by Council. Officers' recommendation That Council resolve: 1. To adopt the Council submission to the Review of the Local Government Act Directions Paper as annexed to the minutes. 2. To forward a copy of the Council submission to the Municipal Association of Victoria (MAV), the Victorian Local Governance Association (VLGA) and all local members of State parliament. Document information City of Boroondara Review of Local Government Act Page 1 of 220 Special Council Meeting Agenda 12/09/16 Responsible manager: David Thompson Governance ___________________________________________________________________ 1. Purpose The purpose of this report is for councillors to consider the adoption of the Council submission to the Act for the Future - Directions for a new Local Government Act Directions paper (the Paper). 2. Policy implications and relevance to council plan This report is consistent with the strategy within the Council Plan 2013 - 2017 focused on community well being and sense of place, and in particular with the long-term vision of community connectedness and the strategic objective of strengthening communities. 3. Background The State Government is seeking the views of the sector and community on all aspects of the Local Government Act. The Minister has released a Directions paper. A copy of the Directions paper is at Attachment 1. Feedback is sought on the 157 proposed directions in the Paper. Project Lifecycle The project lifecycle for the review of the Local Government Act developed by Local Government Victoria is as follows: 2016 - Quarter 1-2 Consultation on reform ideas 2016 – Quarter 2-3 Directions paper release 2016 – Quarter 3 Consultation on Directions paper 2016 – Quarter 4 Directions paper submissions analysis Government consideration of reform options 2017 – Quarter 1-3 Drafting of exposure draft Bill 2017 – Quarter 4 Consultation on exposure draft Bill 2017 – Quarter 4 Government approval of Bill 2017 – Quarter 4 Introduction into Parliament 2018 New Act City of Boroondara Review of Local Government Act Page 2 of 220 Special Council Meeting Agenda 12/09/16 Directions Paper The Paper identifies the challenges posed by existing legislative requirements. The Local Government Act Review sets out to provide a blue print for a contemporary Act. The Minister has advised that the “aim of the review is to produce contemporary legislation that modernises the relationship between the state and local government to better reflect essential roles and responsibilities and which provides clear guidance to those who work in the sector, and the community, about those roles and responsibilities”. 4. Outline of key issues/options There are 10 headline directions set out in the Paper. These are: 1. Mayors - Greater powers and longer terms 2. Consistent representative structures 3. Democratic voting rules supporting high participation 4. Council Plans driven by deliberative community engagement (for example, citizens' juries) 5. Integrated Planning 6. Stronger Ministerial powers to resolve dysfunction 7. Transparency in CEO remuneration policy 8. Autonomous councils with independent decision making 9. Financially sustainable councils - innovative & collaborative 10. Consistency in rating - CIV to be the valuation methodology Officers have prepared a response (see Attachment 2) to the 157 directions put forward by the Paper based upon officer understanding of Council's views and having regard to past resolution(s) of Council, the Council Plan 2013- 2017, Annual Plan 2016-2017, adopted Council policies and strategies and the feedback Council provided to the Georgiou Report on the Local Government Electoral Review. Submissions to the Paper close on Friday 16 September 2016. 5. Consultation/communication The Executive Leadership Team and the Senior Leadership Team have been given the opportunity to contribute to the Council response to the Paper. Further opportunities for involvement in the review of the Local Government Act are expected through the exposure draft Bill in 2017 and technical working groups as the new Act takes shape. 6. Financial and resource implications Other than officer time in preparing a response to the Paper there are no direct financial implications to Council in responding to the Paper. There are however a number of proposed reforms which have potential resource implications for Council, both positive and negative, the impact of which are not assessable in detail at this time. City of Boroondara Review of Local Government Act Page 3 of 220 Special Council Meeting Agenda 12/09/16 7. Governance issues Officers involved in the preparation of this report have no conflicts of interest. It is envisaged that the proposed actions in this report present no actual or potential breaches of, or infringements upon, rights prescribed in Victorian Charter of Human Rights and Responsibilities. 8. Social and environmental issues The Local Government Act is the key legislation authorising councils to act. It is important that the significant role of local government in the community is recognised and enabled by the legislation. The feedback provided by Council to the Paper has the potential to achieve worthwhile results for the Boroondara community and the broader Victorian community. Manager: David Thompson, Governance Report officers: David Thompson, Manager Governance Andrew Dowling, Coordinator Governance City of Boroondara Review of Local Government Act Page 4 of 220 ______________________________________________________________________________________6SHFLDO&RXQFLO0HHWLQJ$JHQGD ZĞǀŝĞǁŽĨƚŚĞ>ŽĐĂů'ŽǀĞƌŶŵĞŶƚĐƚϭϵϴϵ Act for the future ŝƌĞĐƟŽŶƐĨŽƌĂŶĞǁ>ŽĐĂů'ŽǀĞƌŶŵĞŶƚĐƚ ______________________________________________________________________________________ City of Boroondara Review of Local Government Act Page 5 of 220 ______________________________________________________________________________________6SHFLDO&RXQFLO0HHWLQJ$JHQGD © The State of Victoria Department of Environment, Land, Water and Planning 2016 This work is licensed under a Creative Commons Attribution 4.0 International licence. You are free to re-use the work under that licence, on the condition that you credit the State of Victoria as author. The licence does not apply to any images, photographs or branding, including the Victorian Coat of Arms, the Victorian Government logo and the Department of Environment, Land, Water and Planning logo. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/ ISBN 978-1-76047-145-3 (Print) ISBN 978-1-76047-146-0 (pdf/online) ĐĐĞƐƐŝďŝůŝƚLJ /ĨLJŽƵǁŽƵůĚůŝŬĞƚŽƌĞĐĞŝǀĞƚŚŝƐƉƵďůŝĐĂƟŽŶŝŶĂŶĂůƚĞƌŶĂƟǀĞĨŽƌŵĂƚ͕ƉůĞĂƐĞĐŽŶƚĂĐƚƚŚĞ>ŽĐĂů'ŽǀĞƌŶŵĞŶƚĐƚZĞǀŝĞǁ^ĞĐƌĞƚĂƌŝĂƚ͗ ĞŵĂŝůůŽĐĂů͘ŐŽǀĞƌŶŵĞŶƚΛĚĞůǁƉ͘ǀŝĐ͘ŐŽǀ͘ĂƵŽƌƉŚŽŶĞ;ϬϯͿϵϵϰϴϴϱϭϴ͘dŚŝƐƉƵďůŝĐĂƟŽŶŝƐĂůƐŽĂǀĂŝůĂďůĞŽŶƚŚĞŝŶƚĞƌŶĞƚĂƚǁǁǁ͘ yourcouncilyourcommunity.vic.gov.au. ŝƐĐůĂŝŵĞƌ dŚŝƐƉƵďůŝĐĂƟŽŶŵĂLJďĞŽĨĂƐƐŝƐƚĂŶĐĞƚŽLJŽƵďƵƚƚŚĞ^ƚĂƚĞŽĨsŝĐƚŽƌŝĂĂŶĚŝƚƐĞŵƉůŽLJĞĞƐĚŽŶŽƚŐƵĂƌĂŶƚĞĞƚŚĂƚƚŚĞƉƵďůŝĐĂƟŽŶŝƐǁŝƚŚŽƵƚŇĂǁ ŽĨĂŶLJŬŝŶĚŽƌŝƐǁŚŽůůLJĂƉƉƌŽƉƌŝĂƚĞĨŽƌLJŽƵƌƉĂƌƟĐƵůĂƌƉƵƌƉŽƐĞƐĂŶĚƚŚĞƌĞĨŽƌĞĚŝƐĐůĂŝŵƐĂůůůŝĂďŝůŝƚLJĨŽƌĂŶLJĞƌƌŽƌ͕ůŽƐƐŽƌŽƚŚĞƌĐŽŶƐĞƋƵĞŶĐĞ ǁŚŝĐŚŵĂLJĂƌŝƐĞĨƌŽŵLJŽƵƌĞůLJŝŶŐŽŶĂŶLJŝŶĨŽƌŵĂƟŽŶŝŶƚŚŝƐƉƵďůŝĐĂƟŽŶ͘ ______________________________________________________________________________________ City of Boroondara Review of Local Government Act Page 6 of 220 ______________________________________________________________________________________6SHFLDO&RXQFLO0HHWLQJ$JHQGD Act for the future ŝƌĞĐƟŽŶƐĨŽƌĂŶĞǁ>ŽĐĂů'ŽǀĞƌŶŵĞŶƚĐƚ ______________________________________________________________________________________ City of Boroondara Review of Local Government Act Page 7 of 220 ______________________________________________________________________________________6SHFLDO&RXQFLO0HHWLQJ$JHQGD ŽŶƚĞŶƚƐ DŝŶŝƐƚĞƌ͛Ɛ&ŽƌĞǁŽƌĚ