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The Forum > Article Comments > Should local government be in the Australian constitution? > Comments

Should local government be in the Australian constitution? : Comments

By Don Aitkin, published 14/5/2013

Why you should care about September's referendum.

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The issue has been canvassed here:

http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22committees%2Fcommjnt%2Fb1be7f36-6faf-4129-9dcc-edb4e15956a1%2F0001%22

Professor Twomey has the final say:

"First of all I will just talk about some of the points that I think are peripheral—to get rid of them—and then move to the core issues. The peripheral points concern other reasons why you might want constitutional recognition of local government in the Constitution. One of the reasons that is sometimes stated is that local government is a third level of government in Australia and it should be recognised in the Constitution. This, I think, is a bit of a misleading argument. Technically, local government is not a third independent level of government in Australia; it is a sublevel of government of state government.

Our Constitution is a dualist system. It has two levels of government—a federal government and a state government. If you were to introduce local government as a separate, independent third level of government you would have to change a whole lot of other provisions in the Constitution. First of all, you would have to have powers of local government to make laws. You would have to have rules about how those laws conflict with the laws of the Commonwealth and the laws of the state and how it all fits together. You would have to change other provisions of the Constitution, like section 114; where local government comes under a state for the purposes of local government property not being able to be taxed by the Commonwealth; you would have to change your implications, like the Melbourne Corporation implication that protects state governments from Commonwealth government action. You would have to have a similar principle in relation to states and local government, and it would be very complicated and I do not think anyone is proposing to do that.

Although many of us, probably including me, have often described local government as a third level of government, I think that for these purposes that is not what we are trying to do. If we could avoid that sort of loose discussion to avoid those sorts of issues, that would probably be helpful.
Posted by cohenite, Tuesday, 14 May 2013 5:02:20 PM
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The only referendum I would vote for would be one reducing politician's salaries and expenses and providing that the only money they can spend getting elected would be that raised by putting their daughters on the streets.
Posted by plerdsus, Tuesday, 14 May 2013 10:13:06 PM
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The outrage is real Kenny but it is a faux government.
Posted by Hasbeen, Tuesday, 14 May 2013 11:14:27 PM
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Thanks Peter Lang,

A point I’ve been making for some time is that Agenda 21 is foisted onto local government by this so called “benign” constitutional change.

It goes further still in the UK. Several councils acted upon the UN determination that people buying fish and chips were putting too much salt on their supper. The 17 hole salt shakers were removed by health departments and replaced with 6 hole shakers.

I think we need to be very wary about what is being proposed in this referendum and like so many, I feel I’m not getting the fully story.
Posted by spindoc, Wednesday, 15 May 2013 8:59:52 AM
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Given Labors near perfect reliability on proposals, that is whatever they say the correct is to do the opposite, it is easy to resist Gillard's siren call to waste time and divert attention. Lets see, the NBN is in its death throws (Samsung is developing 5G), the mining boom is bust (as forecast by adults), the Laptops for ever child are broken, the "Asylum Seekers" are still dying (and real ones left to rot in refugee camps are dying too), you can't give away Carbon Dioxide credits and Gillard and Swan are liars.

Would you even let them run the sausage sizzle at Bunnings or one at your kids school?
Posted by McCackie, Wednesday, 15 May 2013 9:25:06 AM
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The only referendum I would vote for would be one reducing politician's salaries and expenses and providing that the only money they can spend getting elected would be that raised by putting their daughters on the streets.

:) :) :)

I think we need to be very wary about what is being proposed in this referendum and like so many, I feel I’m not getting the fully story.

Since when do the bloodsucking parasites EVER tell the truth, the whole truth, and nothing but the truth ??

Would you even let them run the sausage sizzle at Bunnings or one at your kids school?

If I had my way, **NO** bloodsucking parasite whether red, blue or green, would be allowed out of jail without an armed escort.
Posted by praxidice, Wednesday, 15 May 2013 12:15:02 PM
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