Local Government Bill: Councillors Allowances; Reimbursement of Expenses

Debate on the Local Government package of Bills. i.e.

Local Government Bill 1999,
Local Government (Elections) Bill 1999,
Statutes Repeal and Amendment Bill (Local Government) 1999

took place in the Legislative Council over two weeks: from 27 July to 5 August 1999. For ease of reference on the Democrats web site the debates have been separated into individual pages, each page containing an edited transcript of only one aspect of the total package.

This page covers only the Democrats moves to amend provisions covering payment of allowances and reimbursement of expenses. For an index of other topics covered in the Local Government Bills, see the Democrats Local Government page, or the 1999 Budget Session Index

This is the first of three related amendments and clarifies that members are entitled to receive an annual allowance rather than be paid an allowance. This enables a member to decline to be paid if they so wish. It is made in accordance with recommendations of the ministerial working party on elected members' allowances and benefits, which had representation from the LGA.

The explanation that I gave to the amendments to clause 76 apply to this amendment.

Page 64, lines 2 and 3—Leave out `(either specifically or under a policy established by the council for the purposes of this section)' and insert:

The wording of this amendment is a little obscure. It concerns the issue of `reimbursement of expenses of a kind prescribed for the purposes of this paragraph and approved by the council (either specifically or under a policy established by the council for the purposes of this section).' I want to amend it so that it refers to a policy established by the council for the purposes of this section. It is our conviction that a council should have a policy for reimbursement of expenses. It should not be a specific determination either made ad hoc or by some other means of determination. A clear policy should be established and it should be available for the public to inspect from time to time, and that is the subject of my next amendment.

So that members are clear of the intention of the amendment, I point out that it is a safeguard so that the public can feel confident that the reimbursement of expenses complies with a predictable and publicly known policy, rather than the other option which might be at odds with or certainly varies from a policy to which the public has had access. If the Committee is clear on that point, I suggest that I will make my decision to proceed with the second on the success or otherwise of the first.

The Hon. DIANA LAIDLAW: The Government opposes this amendment. We do not see it as necessary. It seeks to take out choice for councils, and this is what I find a bit confusing about the Hon. Mr Gilfillan. One moment he is championing freedom of choice for councils with no imposts, but the next moment he is defining exactly what he wants with no options for councils. The Government is providing that the reimbursements can be made specifically in relation to certain items or under a policy. By taking out the words in brackets, the Hon. Mr Gilfillan is saying that it can only be the way he wants it, and that is under a policy. He takes away the options for councils to approve a different form of reimbursement of expenses on occasions. In terms of the maturity argument that the Hon. Mr Gilfillan says he champions, his amendment seems to be at odds with the policies of a grown-up council, which should be entitled to make some decisions for itself and not just follow what Mr Gilfillan thinks he wants.

The Hon. T.G. CAMERON: I am attracted by the argument that has been outlined by the Hon. Ian Gilfillan but on this occasion I will not support his amendment, and I will provide him with an explanation as to why. Let me first address the response by the Minister to the honourable member's explanation in support of his amendment. It would be possible for a council to develop a flexible policy with which it could remunerate its employees. Not only am I attracted to the comment made by the Hon. Ian Gilfillan but I also advise that my office has been contacted by a number of councillors who have expressed concern about how the reimbursement of expenses policies are working in their councils.

Whilst I have not pursued any of those complaints, they include things like, the CEO plays favourites, the council has no policy, and some people get reimbursed for expenses that others do not. I have been queried about whether taxi fares or takeaway food are allowable expenses for reimbursement. I indicate to the honourable member that I will support the Government on this occasion, but I place on the record that, if I continue to receive complaints from councillors about reimbursement of expenses, on the next occasion this amendment comes forward I will support it, because the only way to clarify it so that all councillors, staff and the public know exactly what a council's policy is is to have one in writing and made available to the public.

The Hon. IAN GILFILLAN: I want to disabuse the Minister of some of the eloquence which she attributes to me in speeches about freedom and wide-ranging blessings on councillors. I do not recall making such a speech. It might have been one that I could have made with great eloquence, but I did not make it. I do not think that my amendment in any way dents the clearly expressed intention of the Democrats to offer local councils the widest freedom possible to be controllers of their own destiny.

At the same time it is important for us to limit the areas where there is an unnecessary opportunity for a council to fall into bad odour with its electors through not complying with a proper and appropriate process. If a council is obliged to develop a policy for the reimbursement of expenses, surely it is reasonable to require that council to comply with that. From that point of view, it is interesting to observe that the LGA did not oppose this move of mine. It did not see anything too horrendous, restrictive or bothersome in it.

The Hon. IAN GILFILLAN: No, I am being 100 per cent accurate, which is an example to a lot of people in this place. I said that the LGA does not oppose it. There is a difference between not opposing and supporting something. I will not extend my argument any further and I was prompted to respond only because I was getting more and more flattered as the Minister kept expanding the scope of my oration on the matter of local government.

(3) A person is entitled to inspect (without charge) a policy of a council under subsection (1)(b) at the principal office of the council during ordinary office hours.

(4) A person is entitled, on payment of a fee fixed by the council, to a copy of a policy under subsection (1)(b).

I made a mistake in interpreting my second amendment, because it is not dependent on the first one. It is aimed at enabling the public to have access to this policy.

	Extract from Hansard Legislative Council 29 July 1999

Ian Gilfillan Australian Democrats Member of the Legislative Council		Parliament Index 1999 Budget Session Index Browse by Subject About the SA Parliament Hansard on line