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| Ian Gilfillan Australian Democrats Member of the Legislative Council |
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Legislative
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| Ian Gilfillan Australian Democrats Member of the Legislative Council |
Parliament Index |
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Debate on the Local Government
package of Bills. i.e.
This page covers only the Democrats amendments which sought to have publicly-available Council documents published on the Internet. For an index of other topics covered in the Local Government Bills, see the Democrats Local Government page, or the 1999 Budget Session Index |
Clause 133.
The Hon. IAN GILFILLAN: I move: Page 102, after line 8—Insert:(1a) A council may make a document available in electronic form for the purposes of subsection (1)(a). (1b) A council must ensure that any document available for inspection under subsection (1)(a) is also available for inspection on the Internet within a reasonable time after being available at the principal office of the council. (1c) However, subsection (1)(b) does not apply to any document of a prescribed kind. This amendment allows local government to embrace modern technology by inserting additional subclauses concerning technology into the clause dealing with access to documents. The rate of expansion in percentage terms of the population who are becoming familiar with using the Internet to acquire and exchange information is astounding. It is clearly the technology that will be predominant in a very short time—indeed, it is very nearly predominant now. It is important that I signal to the Committee that an amendment that I will move to the statutes legislation which allows for the adaptation and transfer of some of these matters will provide for a 12 month period of grace. If that is successful, councils will have a reasonable cushion time in which to comply with this measure. The Hon. DIANA LAIDLAW: I move: Page 102, after line 8—Insert:
(1a) A council may make a document available in electronic form for the purposes of subsection (1)(a). (1b) A council should also, so far as is reasonably practicable, make the following documents available for inspection on the Internet within a reasonable time after they are available at the principal office of the council:
(a) agendas for meetings of the council or council committees; (b) minutes of meetings of the council or council committees; (c) codes of conduct or codes of practice adopted by the council under this Act or the Local Government (Elections) Act 1999; (d) the council's contract and tenders policies, public consultation policy, rating policy and order-making policies; (e) a list of fees and charges imposed by the council under this Act; (f) bylaws made by the council; (g) procedures for the review of decisions established by the council under Part 2 of Chapter 13. I respect what the Democrats are trying to achieve with this amendment. It provides that documents for inspection be made available in electronic form and that all documents which must be available for inspection must also be available on the Internet except for those of a prescribed kind, and that there is to be a phase-in period of one year for this purpose.
The Government is of the view that the class of documents captured by the amendment moved by the Australian Democrats is too broad. When one considers the debates that we have had in this place yesterday and tonight, there is some irony here, a sense of deja vu, because in our amendment we have defined the documents in the Bill that must be available on the Internet; we have not left them as exceptions to be prescribed by regulation. It is very clear what we are seeking from councils in terms of the availability of material on the Internet.
The Hon. T.G. CAMERON: SA First supports the Minister's amendment. Whilst I have sympathy for the amendment moved by the Hon. Ian Gilfillan, I think it goes too far and I prefer the Government's amendment, because it does not make it mandatory for councils to act within one year. When one considers that the South Australian Parliament has only just gone onto the Internet, I do accept the Government's arguments that the Democrats' clause is too inclusive, and I accept the position put to me by the Local Government Association that it will move to the Internet: it just does not want to be compelled to do it in the way that is set out by the Hon. Ian Gilfillan. So, I support the Government's amendment. The Hon. T.G. ROBERTS: As we move forward into the technological age, I think it would have been hard to get wording that was suitable because of the changing nature of technology. I think that the Democrats' amendment does put the wood on the councils perhaps to act a little in advance of where they may stand now. So, I agree with the Government's slightly more cautious approach. However, I think that the intention of the Democrats will probably be reached eventually. The Hon. IAN GILFILLAN: I take some consolation in the fact that I do not believe that the Government's amendment would have come about unless we had been pushing the way forward. It may well be that the councils surprise us and that they are ahead of the game and leave the Government's amendment far behind. I think it is unfortunate that it is qualified in (1b) of the Government's amendment, which provides: A council should also, as far as it is reasonably practicable, make the following documents available— So, really, it is a gentle nudge rather than a requirement. I think that the list is deficient at least in so far as: charter for subsidiaries, management plans for community land, resolutions of councils, record of delegations, annual reports and annual budgets, all of which could reasonably be included in the Government's list. However, I think that the initiative is there. Although it appears as though I am short of one or two numbers to get my amendment up, I am happy to see that the Committee is supporting the initiative, even with the deficiencies that I have outlined. I hope that the council community will recognise very quickly the advantage of this. I hope, too, that the public will use it and that the efficiency in the demand will mean that our encouragement tonight will be shown to have borne fruit and that the councils take off on their own initiative. The Hon. I. Gilfillan's amendment negatived; the Hon. Diana Laidlaw's amendment carried. The Hon. DIANA LAIDLAW: I move: Page 102, line 12—After `this Act' insert: or the Local Government (Elections) Act 1999 This is a technical correction which is consequential on including in schedule 4 the record of campaign donations referred to in the Local Government (Elections) Bill. It clarifies various positions. Amendment carried; clause as amended passed.Clause 252.
The Hon. IAN GILFILLAN: I move: Page 117, line 24—After `council' insert: , and on the Internet It is consistent with an earlier initiative of the Democrats to encourage the use of the Internet. Clause 252 deals with passing by-laws and provides: (1) If it is proposed that a council make a by-law, the council must, at least 21 days before resolving to make the by-law—(a) make copies of the proposed by-law (and any code, standard or other document proposed to be applied or incorporated by the by-law) available for public inspection without charge and during ordinary office hours, at the principal office of the council; and My amendment adds the words `and on the Internet'. The Hon. DIANA LAIDLAW: It has been suggested that I accept the amendment, but the Hon. Caroline Schaefer has raised the compulsion issue. The honourable member's amendment suggests that it be mandatory for a council to put by-laws on the Internet. Is that so? The Hon. Ian Gilfillan: Yes.
The Hon. CAROLINE SCHAEFER: I just wanted to raise the issue that there are still a number of councils in this State who do not have access to the Internet, let alone the facilities to put their proceedings on the Internet. A number of councils on Eyre Peninsula do not yet have ISDN cabling, so, in moving this amendment, the honourable member is making something that is physically and economically impossible compulsory. I have no objection to those councils that have the facility available to them putting it on the Internet, but making it compulsory would cost a lot of small councils a lot of money.
The Hon. IAN GILFILLAN: In recognition of that, I wonder whether the Committee would consider the inclusion of the words `and so far as reasonably practicable on the Internet'? The Hon. CAROLINE SCHAEFER: Yes, I am happy to accept that.The Hon. IAN GILFILLAN: I seek leave to amend my amendment, as follows:
After `council' insert: `and so far as reasonably practicable on the Internet.' Leave granted; amendment amended. Amendment as amended carried; clause as amended passed.See Ian Gilfillan's News Release on this topic: 21 July 1999
