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| Ian Gilfillan Australian Democrats Member of the Legislative Council |
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Legislative
Council |
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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. 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 amendment which sought to oblige councils to take into account the effect of its rating policy on retirement village residents. For an index of other topics covered in the Local Government Bills, see the Democrats Local Government page, or the 1999 Budget Session Index |
The Hon. T.G. CAMERON: I move:
Page 129, after line 32—Insert:(iva) issue of equity arising from circumstances where ratepayers provide or maintain infrastructure that might otherwise be provided or maintained by the council;
The Hon. DIANA LAIDLAW: The Government accepts this amendment.
The Hon. IAN GILFILLAN: I move:
Page 129, after line 32—Insert:(iva) issues of equity arising from circumstances where ratepayers provide or maintain infrastructure that might otherwise be provided or maintained by the council, with particular reference to situations involving retirement villages;
This amendment is very similar to the Hon. Terry Cameron's amendment except for the addition of `with particular reference to situations involving retirement villages'. The issue of both amendments is that there is a requirement for a council to be conscious of circumstances where ratepayers provide or maintain infrastructure that might otherwise be provided or maintained by a council. Quite clearly, retirement villages almost exclusively, although certainly not entirely, come under the circumstances in which that would apply. However, I believe it is an improvement on the amendment to have that recognition that my amendment has regarding retirement villages.
The Hon. DIANA LAIDLAW: The Government does not accept the Democrats amendment. The concerns expressed by the Hon. Mr Gilfillan are not really fairly applied to the amendments to be moved by the Hon. Mr Cameron because, in addition to the amendment before us, the Hon. Mr Cameron is proposing a linked amendment to the Statutes Repeal and Amendment (Local Government) Bill, which will address the very concerns about retirement villages and other things expressed by the Hon. Mr Gilfillan. The issue is addressed but in another and, we believe, better way.
The Hon. T.G. ROBERTS: Would it be possible to accept both these amendments?
The CHAIRMAN: There is slightly different wording at the end of the lines.
The Hon. DIANA LAIDLAW: I will explain: the words that are contained in the Hon. Mr Gilfillan's amendments specifically, with particular reference to situations involving retirement villages, are addressed by the Hon. Mr Cameron in his amendments to the Statutes Repeal and Amendment (Local Government) Bill.
An honourable member interjecting:
The Hon. DIANA LAIDLAW: Clause 31. I appreciate the Hon. Terry Roberts' concern. The concerns are addressed; we are not ignoring them. We just think that it is a better way in terms of statute and law.
The Hon. T.G. ROBERTS: It would be difficult to accept both those amendments, because they are almost a mirror image, except that we would be accepting the addition of the extra words. The Minister is saying that the extra words will be accommodated at a later date. With a show of faith, the Opposition will support the Government's position given that the matter is addressed at a later stage.
The Hon. T.G. CAMERON: The amendment to clause 31, page 25, after line 40 requires the councils, in respect of each of the first three financial years for which the council has a rating policy, to prepare and publish a report in accordance with the requirements I have set out in that provision. In addition, councils must ensure that a copy of the report is submitted to the Presiding Member of both Houses of Parliament in order that it can be tabled. They must also keep a copy of it for at least 12 months following its publication.
The Hon. Terry Cameron's amendment carried.
The CHAIRMAN: Is it the wish of the Committee to consider the Hon. Mr Gilfillan's amendment with the extra words?
The Hon. IAN GILFILLAN: I am not sure whether the Committee speaks with one voice but it is certainly pretty quick on the draw. I have had an informal discussion with the Hon. Terry Roberts. It is not a competitive game but it seems to me that—and I have had no chance to study it—the Hon. Terry Cameron may well be moving constructive amendments to another Bill, and I accept that that has been thought through. I cannot see any damage or mischief that would be done by including the last paragraph of my amendment in the amendment of the Hon. Terry Cameron.
It is beyond my understanding to see that that would be counterproductive or cause any injury to the purpose we have all agreed we want to see achieved. I would like, if it were possible (and I am in the Chair's hands), to see whether we can test the Committee by moving an amendment to the Hon. Mr Cameron's amendment. I move:
That the words `with particular reference to situations involving retirement villages' be added after the word `council'.
The CHAIRMAN: The Hon. Mr Gilfillan is moving to add the words `with particular reference to situations involving retirement villages' to the words of Mr Cameron's amendment.
The Hon. DIANA LAIDLAW: It is not necessary.
The CHAIRMAN: It may not be, but members of the Committee have the right to move what they like.
Amendment negatived; the Hon. Mr Gilfillan's amendment negatived; clause as amended passed.
This amendment was approved by the House of Assembly on August 4th, and is now part of the Local Government Act 1999. A further requirement on Councils to report to State Parliament how applications under this section are handled, was put forward as part of a different Bill. See: 5 August 1999
