development assessment panels reviewed national award

Western
Councillor
IS SUE 78 | JU N E /JU LY 2015
Courtesy of the Community Newspaper Group
P4
DEVELOPMENT
ASSESSMENT PANELS
REVIEWED
P5
NATIONAL AWARD
WINNERS
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Contents
IS SUE 78
6 9 | JU
DEC
N E/JA
/JU
NLY
2014
2015
02
From the Corner Office
02
President’s Report
0 3
State of
of the
the State
State –- From
State
From the
the Minister
Minister
0 3
State
of
the
State
From
the
Shadow
Minister
From the Shadow Minister
0 4
Reform
Update
Development
Assessment Panels Reviewed
0 5
Around
Nation
Nationalthe
Award
Winners
That’s Rubbish
0 6
Around the Nation
Summer Television Campaign
0 8
Around the State in Pictures
A BiodiverCity Success
16
WALGA Employee Represents Australia
Horsing Around
at UN Commission
A Royal Commendation
17
Waste Time
A Merry Time in Melville
18
Procurement Update
A Diamond Job
19
Changing
Around
thePlaces
State in Pictures
2
Convention
Professional Development
0
X
Opportunities
X
2
2
Getting E-Smarts
X
2
3
Waste Message Received
X
24
Clarification on Aboriginal Heritage
2of5Western
StateCouncillor
Council Briefs
SUBURB ASHBURTON
GOES HERE.
Welcome
to Issue 78 of Western Councillor
XX
COVER : New WALGA President Lynne Craigie.
SUBURB GOES
KARRATHA
HERE.
SUBURB GOES
KWINANA
HERE.
Councillor
Lynne Craigie
Chief Executive Officer
Ricky Burges
FROM THE
CORNER OFFICE
PRESIDENT’S
REPORT
On 30 June, WALGA said
farewell and good luck to Mayor
Troy Pickard as he formally
transitioned from his role as
President of the WA Local
Government Association to
President of the Australian Local
Government Association.
Lynne has served as Deputy
President of WALGA since being
elected in May 2012, having
served as a State Councillor
since April 2008. She has been
President of the Shire of East
Pilbara for ten years and a
Councillor since 2003.
I would like to take this opportunity
to introduce myself as your new
WALGA State President.
Troy was elected President of
ALGA in November 2014, the first
Western Australian to hold the
position in 30 years.
Lynne also has an impressive
list of other achievements and
accolades to her name. She
is Chairperson of the Pilbara
Regional Council, Newman
Women’s Shelter, Newman Visitors
Centre and Newman Senior High
School Board, and a member of
the East Pilbara Independence
Support Group Lynne is a board
member of the Australian Local
Government Association, the
Pilbara Development Council and
Horizon Power.
This comes as no surprise to
most of us in the sector who are
familiar with his tireless service
to Local Government. Troy has
served as Mayor of Joondalup
for nine years and was President
of WALGA for five years. He has
been active on the ALGA Council
and served as Senior Vice
President for two years prior to
his election as President.
Local Governments around the
nation will benefit from Troy’s
commitment and passion. His
experience with issues unique
to Western Australian Local
Government will no doubt
help to ensure that our State is
afforded strong representation at
a national level, which is excellent
news for the sector.
The good news for Local
Government leadership in the
State continued with the election
on 1 July at State Council
of WALGA’s new President
Lynne Craigie, who is the Shire
President of East Pilbara.
PAGE 2
I have worked with Lynne
extensively over the past several
years, travelling with her to
Canberra for ALGA meetings
and have developed a strong
and positive working relationship
with her.
While Local Government is
currently facing many complex
challenges at present, the sector
can rest assured Lynne will
provide outstanding leadership
and advocacy for the sector
during her term as President.
Local Government is my passion
and I have served as an Elected
Member of the Shire of East
Pilbara for 12 years, having held
the office of Shire President
since 2005. I have been a strong
advocate for the broad Local
Government sector as Deputy
WALGA President for the last four
years. During this time I have also
represented Western Australian
Local Governments as one of two
WA members on the Board of
the Australian Local Government
Association.
Listening is one of my core
strengths and what I hear from
Local Governments is that they
want a new approach from their
Association. Local Governments
want an Association that
represents what they believe,
that engages them in developing
ideas and adds value to their
efforts. Most of all, they want
an Association that tells the
government what Councils need.
I want to make these things the
hallmarks of my presidency.
There are many challenges and
opportunities that will present in
the immediate future. In particular,
the State Road Funds to Local
Government Agreement will be
finalised; major advocacy will
be prioritised on securing the
future indexation and quantum
of Financial Assistance Grants;
national advocacy on Reform
of the Federation and Taxation
reform is to be pursued; pursuit
of the State over funding cuts and
cost imposts to local communities
in the State Budget will be a
significant focus, including
CSRFF, Financial Counselling,
ESL increases and WATC finance
charges; and of course the Local
Government Week Convention will
take place.
No doubt there are many
unknowns that will confront our
sector in this same timeframe,
and as always, the Association
will adapt to address them. In
doing so:
• I promise you that I will give my
all in the pursuit of your agendas;
• I promise you that I will hold to
account those who do not treat
the sector fairly;
• I promise you that I will work for
Local Government;
• I promise you my full
commitment to building a better
Association.
y ambition is to be a President
M
for all Local Governments and I look
forward to sharing the journey
with you.
State of the State
work in ensuring high standards of
transparency and accountability
through a variety of proactive
approaches.
These include:
Minister
Hon. Tony Simpson MLA
FROM THE
MINISTER
There has been a lot of public
discussion recently about openness
and transparency and I have been
interested in the wide ranging
responses from various Councils
about how they deal with this issue.
This government is committed to
ensuring local governments are
open and transparent and deliver
value for money for ratepayers.
The City of Vincent, for example,
has passed a new rule requiring all
contact between Elected Members
and developers to be recorded in a
register and the question has been
asked of the Government, would
we extend that requirement to
apply to other Councils.
Can I say at the outset, this
government does not believe in
adding to the red tape burden,
whether on government agencies
or the private sector, unnecessarily.
The Liberal National Government
has a proud track record in reducing
red tape in Western Australia, saving
both governments and private
enterprise money that can be
invested in more productive means.
At the same time, I expect my
department to work closely with
the Local Government sector to
assist it to achieve high standards
of transparency, accountability and
governance. This is what ratepayers
expect and deserve.
On that note, I acknowledge the
Department of Local Government
and Communities has done great
• the publication of operational
guidelines for Elected Members
including, I might add, a guideline
on dealing with developers;
• funding the provision of
governance training to Elected
Members in country Local
Governments across the state;
• a quarterly Governance Bulletin
that provides councils with
important information about their
obligations as community leaders;
• a
nnual reviews of a range
of Local Government risk
indicators, accompanied by
targeted interventions to address
identified risks;
• B
etter Practice Reviews of
Local Governments that
highlight areas of good practice
as well as opportunities for
improvement; and
• P
robity and Compliance Audits
that provide Local Governments
with recommendations on how to
achieve statutory compliance and
high standards of governance.
Moreover, the department is
currently conducting a review of the
Rules of Conduct, which apply to
all Elected Members.
The review, which is being
conducted in cooperation with the
sector, will examine opportunities
to strengthen the existing rules to
guide and improve standards of
conduct and governance. Targeted
consultations with the sector have
already occurred and I will be
releasing a discussion paper soon.
I am pleased with my Department’s
track record in ensuring protections
for ratepayers are in place, while
making sure we do not impose
excessive red tape. Having said
that, I am always willing to listen to
other suggestions to protect the
interests of ratepayers.
Shadow Minister
David Templeman MLA
FROM THE
SHADOW
MINISTER
The 2015/16 State Budget has seen
the Barnett Government deliver
to the State record debt, which is
projected to hit $36billion in 2017/18
and a $2.7b deficit. WA’s first
budget deficit in 15 years. I think it
is about time that the urban myth
that Liberals are better at managing
the economy than the Labor Party
is put to rest. When WA Labor
left office in 2008 state debt was
$3.6b, during a time of lower state
revenue. The legacy of the Barnett
Government will be debt, deficit and
higher taxes.
As a result of their inability to
manage the state economy, the
Barnett Government has increased
water and electricity charges by 4.5
per cent, cut seniors concessions
and the Government Guarantee
Fee (GFEE). This will have an
impact on the Local Government
sector and ratepayers.
In addition to the increase in water
and electricity charges by 4.5 per
cent, the Barnett Government
has hit councils with a 7.5 per
cent increase to the cost of street
lighting, with the cost set to go
up by another 16 per cent the
following year. This will be a huge
impost on Local Governments,
and is another broken promise
by this Government.
On the Thursday 21 May 2015 I
raised a grievance with the Minister
for Local Government regarding
the Barnett Government’s
imposition of a cap of $550 on
Local Government rebate for
pensioners and seniors in Western
Australia. As usual the Minister
did not consult with the sector in
respect of this decision. This is
another example of cost-shifting by
this Government. Many Councils
are concerned that they will be
expected to make up the difference
in the long term, as more seniors
are tipped over the cap’s threshold.
The key question the Minister
refused to answer was how was
the $550 cap limit arrived at? I
understand Treasury had no input
into that figure.
Currently, interest rates are at
a record low, yet due to gross
financial mismanagement the
Barnett Government is increasing
the Government Guarantee Fee
(GFEE) on local Councils applying
not only for new loans, but on
existing loans too. Again, this was
done with no consultation with or
warning to the sector, and is yet
another example of cost-shifting to
the Local Government sector and
to community groups. Many Local
Governments have contacted
me expressing their concern that
the decision to make this change
retrospective (i.e., on existing loans
too) means that costs will have to
be passed to sporting groups etc.,
who will have to redo their budgets
to absorb the costs.
It is no wonder the erosion of trust
between the Barnett Government
and the sector continues when
Local Government is being asked
to absorb more costs from the
state and then criticised when they
increase their rates.
I want to thank the sector for
all your feedback and assistance
in respect of my response to
the Barnett Government’s
2015/16 Budget.
PAGE 3
DA PS : THE TRUE COST?
DEVELOPMENT ASSESSMENT
PANELS REVIEWED
The Parliamentary Committee on Uniform Legislation and Statutes is
currently conducting an inquiry into the operation and effectiveness
of the Planning and Development (Development Assessment Panels)
Regulations 2011 in accordance with section 171F of the Planning
and Development Act 2005. WALGA’s Executive Manager, Planning
and Community Development, Allison Hailes shares key points from
WALGA’s submissions to the committee on behalf of the sector.
• e
xamine the timeframes for DAP applications to be determined
and ascertain how they compare to normal Local Government
determination timeframes;
The review of the DAP regulations has been welcomed by WALGA
as the sector has been advocating for several years for a full review
of the DAP system to identify whether the additional layer of cost
and bureaucracy brought about by DAPs is actually delivering any
benefit to the people, economy or built form outcomes for WA.
• a
ssess whether the additional fees charged to applicants for
DAP applications are set at an appropriate level.
Both the State and Local Government have a responsibility to
consider and represent the interests of all stakeholders in balancing
development interests with the natural environment, community
interests and values and economic sustainability. However, the
consistent lobbying of governments by the development industry
has and continues to incrementally change the planning system
resulting in a form which better suits their interests.
The Planning Institute of Australia (PIA) considers that there are
several core elements of good planning which require high quality,
transparent and efficient planning practices and systems. To
achieve the outcomes that advance the public interest, PIA states
that the first core element is to provide: Opportunities for the community and key stakeholders to actively
contribute to the planning process in a manner that is effective,
inclusive, respectful of community values and genuine;
Unfortunately it seems that the role of Local Government in
representing the community’s interest is considered an obstacle to
achieving an efficient and effective development approvals process.
The introduction of the DAP system has limited opportunities for the
community to actively contribute to planning decisions and Local
Planning Scheme provisions are gradually being eroded as decisions
are made in the interests of individual commercial gain.
WALGA has advised the Parliamentary Committee that while it
will assist the review through provision of information and data,
it won’t recommend specific changes to the DAP regulations, as
the existing system is considered fundamentally flawed. Tweaking
a system that was developed on the basis of a flawed policy
position will not result in a better outcome for the community.
WALGA has suggested that the Committee should reconsider the
DAP system in its entirety and review the regulations once a cost
benefit analysis has been conducted. Without this comprehensive
evidence based assessment of the operation of the DAP system,
regulatory changes will be based on anecdotal or political views.
An independent Cost Benefit Analysis (CBA) would:
• g
ather and analyse factual data about the establishment,
operation and outcomes of the Development Assessment Panel
(DAP) system and determine whether the objectives of the
system have been realised;
PAGE 4
• identify and determine whether the costs of running the system
are equal to the income generated by the fees paid by applicants;
• identify what benefits, if any, have been delivered, and if so, to
whom; and
For example, a CBA would identify the actual costs of establishing
the DAP system. These include the costs incurred by the
Department of Planning in employing more people, developing
new legislation, developing and delivering additional training, and
developing new IT systems and processes. It would also identify
the costs to Local Governments to modify internal systems,
administration and reporting processes, as well as the additional
application costs being borne by applicants for applications to be
considered by a DAP rather than a Local Government.
The CBA would quantify the ongoing operational costs incurred
by the Department of Planning and Local Governments in
administering the system. At present the Department of Planning’s
expenditure to support the DAP system is unknown. Whilst
the Department’s annual report provides high level figures on
general expenditure, it is unclear what component is attributable
to supporting the administration and operation of the DAP
system, including costs such as staff time in responding to Local
Government and applicants queries, preparing reports and meeting
documentation, attending DAP meetings; Panel members sitting
fees and travel costs, meeting venue costs etc. The CBA would
quantify the additional effort Local Government staff are applying
in the preparation of Responsible Authority Reports, attending
meetings, provision of meeting venues and secretarial support.
Once all of the data on these matters has been collected a
quantitative and qualitative assessment of the benefits delivered to
the planning process, development industry, local community and
individual applicants can be made.
It is only through an independent and transparent investigation
of these matters that a full understanding of the system can be
garnered, providing an accurate assessment of whether this new
decision making system is adding any value to the WA economy, or
is in fact a duplication, circumventing local democracy and adding
additional costs.
WALGA is currently compiling data on the fourth year of DAPs
applications. This will be added to the previous three years’ data
already provided to the Parliamentary Committee. It is hoped
that the empirical evidence provided will assist the Committee in
its review of the effectiveness and operation of DAPs in WA. The
Association will continue to advocate strongly on behalf of Local
Government and looks forward to the Committee’s report.
N ATION A L AWA RD WINNERS
NATIONAL EXCELLENCE IN
PLANNING
Local Government excellence in planning across
the areas of biodiversity, emergency management
and community engagement has been nationally
recognised at the Planning Institute of Australia
National Awards for Planning Excellence.
The WA Local Government Association and three Western
Australian Local Governments were recognised at the Awards,
which were held in Melbourne on Wednesday, May 13.
The annual PIA Awards for Planning Excellence demonstrate
leading practice, leadership and achievement in planning and the
planning profession.
WALGA President, Mayor Troy Pickard congratulated all of the WA
Local Government winners and those that received commendations.
“These national awards recognise excellence and showcase
leading practice across a range of planning disciplines and
sectors,” Mayor Pickard said.
“It is outstanding to see national recognition of the WA Local
Government sector and its strong commitment to planning
excellence for the development of our communities.”
Josie Raftery, Principal Planner - Strategic Policy and Environment, Toowoomba
Regional Council, City of Swan Mayor Charlie Zannino, Steven Tan Executive Manager
Planning and Development, Leon Van der Linde Manager Strategic Planning, Brendan
Nelson National President Planning Institute of Australia.
AWARD WINNERS
City of Kwinana - Promotion of Planning Award for its Margaret
Feilman Planning and Heritage Retrospective, with the judges
acknowledging how the retrospective provides a template for
how Australian jurisdictions can use their own history, culture and
individual characters to expose the benefits of planning to the
general community.
“This initiative developed networks between planners and heritage
experts to promote the importance of planning in the public realm
and to celebrate the achievements of a visionary citizen, Margaret
Feilman – first female town planner and founder of the National
Trust WA branch,” City of Kwinana Mayor, Carol Adams said.
City of Swan - Best Planning Idea’s Large Project Award for its
Strategic Bushfire Risk Analysis Program. The judges noted the
ground-breaking mapping tool which provides a proactive measure
to guide development assessment, strategic land use planning and
emergency management within bushfire risk areas.
“It’s a practical mapping tool that, for the first time, provides a degree
of certainty and sound practice to guide development assessment,
strategic land use planning and emergency management within
bushfire affected areas,” City of Swan Mayor, Charlie Zannino said.
City of Vincent in partnership with the Beaufort Street Network
– Commendation, Great Place Award for Beaufort Street. The
Beaufort Street Network has become a vehicle that enables the
local community to actively engage with the City of Vincent in
initiatives which have profoundly influenced the feel and dynamic of
Beaufort Street.
Place Manager, David Doy and City of Vincent Mayor, John Carey on Beaufort Street.
“The success of Beaufort Street’s transformation has been built on
one key tenet – it’s been driven by the local community. Our Council
was prepared to take a risk and say to the community – it’s over
to you, give us your ideas. To get the best results and create truly
amazing places Councils have to be prepared to give up control
and to think and act as an enabler rather than a regulator or a doer,”
City of Vincent Mayor, John Carey said.
WA Local Government Association – Hard Won Victory for its Local
Biodiversity Program. The Local Biodiversity Program incorporating
the former Perth Biodiversity Project and the South West Biodiversity
Project is an excellent example of sustained effort over 13 years, in
the face of a lack of existing resources and supporting frameworks.
The development of technical resources, sourcing of partnership
approaches to financial resources and sustained implementation
has resulted in the mainstreaming of vital processes to protect this
internationally recognised biodiversity hotspot. The quantified benefits
of Local Government’s targeted protection of 30,000 hectares of land
are clear evidence of the value of this work.
“The Association’s Local Biodiversity Program helps Local
Governments make balanced and informed decisions by using
their statutory provisions for conserving and managing local
biodiversity,” WALGA President, Mayor Troy Pickard said.
PAGE 5
Around the Nation
News from State A s sociations acros s the c ountr y
NSW
The NSW Government has finally
tipped its hand after the Minister
for Local Government today told
Parliament the Government would
not support a motion against forced
amalgamations, Local Government
NSW (LGNSW) said today.
LGNSW President Keith Rhoades said
the statement was the first time the
Government had revealed its true intentions
for the future of Local Government.
The admission came during yesterday’s
debate on a motion by Independent Sydney
MP Alex Greenwich, that “This House
opposes the amalgamation of Councils
that are financially sustainable and have the
support of their communities”.
“That debate was crunch time, and Local
Government Paul Toole stood on the floor
of the Parliament and stated unequivocally
that the Government would not support a
motion opposing the forced amalgamation
of Councils,” Cr Rhoades said.
“It really does suggest that the whole Fit for
the Future process is simply tick-a-box, with
the Government firmly committed to diluting
local democratic representation for purely
ideological reasons.”
MP Alex Greenwich described the Fit for
the Future program as “a farce, so the
Government can claim it consulted and
assessed”.
“It was instructive to see the arguments
trotted out against the motion, which
included claims that amalgamations would
“drive down rates”, that “bigger is better”,
and that forced amalgamation is “a deadset non-issue” for our communities.”
Cr Rhoades said.
PAGE 6
“It was also interesting how often speakers
against the motion adopted a straw man
argument, suggesting that the Local
Government sector was opposed to any
kind of reform.
“I can assure the community and the
Government this is not the case: Local
Government welcomes reform that
genuinely improves outcomes for residents
and ratepayers.
“What the sector does not support is
amalgamations being forced on Councils
who are able to show they are financially
sustainable, and whose communities have
stated clearly that they wish to continue to
have grass roots representation via stand
alone Councils.”
MPs who spoke against forced
amalgamations during the debate included
Guy Zangari (Fairfield, ALP), Jamie Parker
(Balmain, Grn), Greg Piper (Lake Macquarie,
Ind), Jodie Harrison (Charlestown, ALP;
LGNSW Board Member), and Jenny Leong
(Newtown, Grn).
Government MPs who spoke against the
motion, supporting forced amalgamations,
included Liberal MPs Geoff Lee
(Parramatta), Gareth Ward (Kiama), John
Sidoti (Drummoyne) and Ray Williams
(Castle Hill).
QLD
Time for reform of alcohol
management plans
The Palaszczuk Government should
ensure that alcohol management plans
(AMPs) affecting Queensland Indigenous
communities are doing the job they were
intended to do and not simply creating
more social, family and substance abuse
problems.
The Local Government Association of
Queensland is backing calls by Indigenous
councils to finalise an honest and inclusive
review of the effectiveness of AMPs.
A recent study funded by the National
Health and Medical Research Council has
established that AMPs have had negative
impacts in some communities, including an
increase in sly grogging and illicit drug use
and a rise in the number of people acquiring
criminal records solely for breaching AMPs.
The study, by a team of James Cook
University researchers, found there
was strong support across Indigenous
communities for relaxing some alcohol
restrictions but not removing all restrictions.
Despite successive state governments
agreeing to a review of AMPs, no clear
process or mechanism has emerged
to ensure a proper change to alcohol
management practices in Indigenous
communities.
LGAQ President Margaret de Wit said it
was time for the Government to work with
Indigenous councils to make sure AMPs
remained a benefit to communities and
were not causing other problems.
She said she was encouraged by
comments from Treasurer and Minister
for Aboriginal and Torres Strait Islander
Partnerships, that it was time for
collaboration on resolving the issues
surrounding AMPs.
‘Many Indigenous councils have done
much to ensure their communities are more
resilient to the scourge of alcohol abuse,’ Cr
de Wit said.
‘They have taken ownership of the
problem. The Government should do more
to encourage communities to also take
ownership of the solution and I am grateful
the Minister is addressing this issue.’xxx
SA
Unlawful development action guide
The Local Government Association has
released a model enforcement policy for
South Australian Councils dealing with
unlawful developments.
LGA President, Mayor Dave Burgess
said the policy provides workable
guidance to Councils when considering
possible enforcement action on unlawful
development.
“The model policy creates an accessible,
sensible and transparent framework for
Councils when dealing with enforcement
matters and will help to build greater
community and business understanding
about breaches of the Development Act
and how they will be considered and dealt
with by Councils,” Mayor Burgess said.
“While the Development Act is a statute of
the State Parliament, which Councils must
adhere to, there is an appropriate level
of discretion that must be applied to the
regulation of development without offending
the principles of good governance and
administrative practice. The model policy
outlines that there are a range of factors
that must be considered before a Council
decides on the most appropriate action.”
Mayor Burgess said difficulties in explaining
the enforcement parameters of the
Development Act arise from time to time
due to the complexity of the legislation
and constant changes in technology and
development trends.
“The legislation does not always provide a
clear answer about how a particular matter
should be dealt with and Councils need to
feel confident to exercise discretion in these
circumstances.
“Councils need to consider each individual
situation with regards to the impact on
economic, social, environmental and public
safety issues,” he said.
“It is therefore important that Councils
adopt a discretionary or common sense
approach when determining when and
when not to take enforcement action.”
• Details of technologies available that are
relevant to Local Government
Development Sector
VIC
MAV Technology has launched a
report on Implementing Public WiFi Services for Local Government,
which includes a collection of
research and case studies relevant
for Councils looking to implement, or
grow an existing public Wi-Fi service.
The report includes:
• Research material related to the design,
implementation, use and ongoing
management of public Wi-Fi services
• Case studies from across Victoria and the
globe, focused on Victorian Councils
• Business models that support the
sustainable use of public Wi-Fi
• Policy and process for the effective
management of public Wi-Fi.
The report was commissioned by MAV
Technology and developed by Charlie Mac
and Associates over the period December
2014 to January 2015.
As part of the report a wiki has been
created by MAV Technology, where
members can download all the background
and reference materials, post updates and
make comments.
• Case studies from other sectors - both
private and public
You won’t need us
every day but one day…
Your Local Government may not need lawyers
every day. After all, it is quite capable of delivering
services to ratepayers, attending to proper
governance, risk management, procurement
processes and administering planning approvals.
But from time to time, laws need to be interpreted
or enforced, disgruntled development proponents
confronted and hostile contractors opposed – and
that is when everyday administrative
skills might not be enough.
PREFE
RRED
So when that day comes, call on us.
You won’t be disappointed.
SUPP
LIER
You won’t need us every day
but when you do, give us the call.
T 08 9460 5000 F 08 9460 5001
E admin@civiclegal.com.au
www.civiclegal.com.au
PAGE 7
JUNE/JULY
AROUND THE
STATE IN PICTURES
The following pictures celebrate the achievements of Local Government in Western Australia.
Any WA Local Government that has held an event or function and wants to have it featured in
Western Councillor is encouraged to contact Holly Broockmann at the WA Local Government
Association via email: communications@walga.asn.au
A R M A DA LE
Judges for the Minnawarra Art Awards were once again blown
away by the calibre of exhibiting artists at this year’s event,
which attracted 103 works by 65 artists, 15 of whom live locally.
Arts consultant Paula Silbert and St John of God Healthcare
Art Collection Curator Connie Petrillo judged this year’s
exhibition which was curated by Kristy Gough and attracted a
total prize pool of $17,000.
The esteemed Gerry Gauntlett Award, a $5000 non-acquisitive
prize was awarded to Mark Tweedie (pictured), from Bibra Lake
for his piece Lost my way.
BAYSWATER
Sunday, 29 March proved to be a magical day
to be down by the Swan River for the City’s
annual Autumn River Festival community event.
The Kouncillor Kitchen served some healthy
and cooling watermelon to the visitors during
the event.
AUGUSTA M A RG A R E T
R I V ER
AS HBUR TO N
Karijini Experience is a landmark event
that combines intimate performances
from international stars, traditional
owners and talented artists, against
the backdrop of Karijini National Park.
This annual event is an opportunity
to discover Karijini and to immerse
yourself in the landscape and culture.
Enjoying opera to cooking, photography
to astronomy, painting to basket
weaving and fine dining under the stars,
it is a truly remarkable experience.
The 2016 Karijini Experience promises
to be bigger and better and will be held
from 15-22 April.
PAGE 8
Pictured: Cr Alan Radford (left), Cr Chris
Cornish, Amelie Boyle (left) and Yasmin White.
During the school holidays the Shire of Augusta
Margaret River Youth Advisory Council
coordinated a mountain bike program, where
local youth participated in a cycling adventure
in the Boranup Forest and learnt basic bike
maintenance skills in a workshop. The program
aimed to encourage young people to lead healthy
and active lives.
BOD D INGTO N
Local Indigenous group Ngalang Benang Pty Ltd were
invited to participate in the 2015 Rural Living Expo held in
Boddington on 21 March. They offered Art and Cultural
workshops, guided walking tours along the Hotham River and
Yarning and Storytelling as well as a display of local artwork
and artefacts. Family groups from Dwellingup, Boddington,
Wandering, Narrogin and Armadale all worked together to
present a professional and informative exhibit on the day.
B ROO ME
Broome’s Jetty to Jetty Project linking historic Chinatown and Town Beach
is set to progress with the signing of an accord between the Shire of
Broome and the Yawuru Native Title Holders.
A heritage walk trail linking Streeter’s Jetty in Chinatown and the site of
Broome’s old jetty at Town Beach will be created as the first stage of the
partnership between the Shire and Yawuru.
Pictured: Yawuru Native Title Holder representatives Tony Lee, Lulga
Djiagween and Patrick Dodson, and Shire of Broome President, Graeme
Campbell and CEO Kenn Donohoe sign the accord.
BOY UP B ROOK
The volunteer Ladies’ Boyup Brook Hospital Auxiliary recently presented
a computer-operated ‘baby seal’ to the hospital. The lifelike model
responds to voices with several different movements and sounds, much
to the delight of hospital residents, many of whom are bed-ridden and
battling with dementia. There is no doubt that Snowy will have a very
positive influence on residents’ wellbeing.
Volunteerism is certainly alive and well in Boyup, and the community
is well-served in terms of health services, having two doctors, a
physiotherapist, pharmacy and a small but well-equipped hospital.
BUS S ELTO N
On Monday, 18 May the City of Busselton formally opened the new
terminal and upgraded passenger lounge at the Busselton Regional
Airport. The $1.5 million expansion has provided an additional 500
square metres, providing a dedicated check-in facility, baggage claim
area; passenger screening facilities; an upgraded arrival and departure
lounge and new onsite office accommodation for airport personnel.
CA N NING
The City of Canning has completed
the resurfacing of the Ern Clark Athletics
Track for use by the community and
to be ready for the 2016 World Masters
Athletic Championships being held
in Perth.
The Ern Clark Athletics Track was
selected as one of the two facilities
to be used for the 2016 World
Masters Athletics Championships.
The resurfacing raises the standard of
the track to one of the best athletics
facilities in Western Australia.
COCK BUR N
The City of Cockburn held its annual Show Off Art Exhibition showcasing
the talents of local artists, which is now in its eleventh year.
Pictured: City of Canning Commissioner
Steven Cole with Sofia Mena at the
Opening of the resurfaced Ern Clark
track on Wednesday, 10 June.
C HIT TER ING
Chittering welcomed well
over a thousand people to
the Shire’s second ‘Wear Ya
Wellies’ family fun day. The
‘we don’t care if it rains’,
welcome-to-Winter event
was greeted by blue skies,
no rain and for most of
the day glorious sunshine!
The Muddy Maze seemed
to be the main attraction,
with some very happy, and
muddy, faces spotted around
the grounds.
PAGE 9
DA NDA R AG A N
The Jurien Bay Visitor Information and Civic Centre was officially opened
by Minister for Regional Development, Hon Terry Redman MLA on Friday,
1 May. The new multi-purpose building provides modern, well equipped
tenancies for the Department of Parks and Wildlife and Jurien Bay
Community Resource Centre as well as spaces for the Jurien Bay Public
Library, the Turquoise Coast Visitor Centre, ‘hot offices’ and conference and
education facilities equipped with advanced technology and communications
capabilities. There is also an outdoor amphitheatre exhibition area and
landscaped parks and gardens to complement the structure.
COLLIE
An $8.44 million investment from the State Government’s Royalties for
Regions SuperTowns program was supplemented with over $73,000 from
Lotterywest and $112,000 from the Shire of Dandaragan.
To celebrate National Families Week the Collie
Early Years Network joined with the Collie
Public Library and Community Garden Group
to hold “Story Time in the Garden”. The
fabulous Mrs Potts kept about 30 children
engaged in an active recount of the story, The
Enormous Pumpkin. Children also had an
opportunity to plant seedlings in the gardens
followed by soup, sandwiches and a very large
pumpkin shaped and decorated cake.
DA R DA N UP
To celebrate World Environment Day on Friday, June 5, the Shire of Dardanup in partnership with
the South West Catchments Council undertook a mass planting of about 600 seedlings along the
banks of the Collie River in Eaton. It’s hoped the revegetation project will improve stabilisation of
the river banks against erosion. It was such a big job they decided to call in help from students at
nearby Eaton Community College.
ES PER A NCE
E AST PILBA R A
CEO Karlka, Nyiyaparli Aboriginal Corporation
Henk Rhee pictured with
Shire of East Pilbara CEO, Allen Cooper
at the launch of the Newman Town Centre
Redevelopment.
Three red chairs promoting dementia awareness were a
featured exhibit in the recent Seatscape art exhibition on the
Esperance foreshore. The entry was handmade by a group
of residents with dementia after the Shire of Esperance’s
Home Care identified a need for activities that could improve
the function of dementia sufferers and provide respite for
carers. The Shire of Esperance is committed to helping
everyone be an active participant in its community.
FR EM A NTLE
GOS NELL S
The Fremantle Heritage Festival is
an annual celebration of the city’s
unique historic character. During
the month of May, Fremantle comes
alive with music, events, workshops
and tours that connect locals and
visitors to the city through its rich
history. The festival also features the
Conservation Heritage Awards that
recognise businesses and individuals
who have contributed to the
restoration of heritage buildings and
the social heritage of Fremantle.
The City of Gosnells’ Southern River
Community Garden now sports
brightly painted wooden bunting
and quirky veggie faces thanks to
artist Charlotte O’Shea and local
residents, who created the unique
pieces during art workshops at the
City’s recent Homegrown Festival.
PAGE 10
The garden began two years ago,
in partnership with Southern River
College, to bring residents together
to grow produce, learn new skills
and meet like-minded people.
G R E ATER G ER A LDTO N
The City of Greater Geraldton’s Aquarena is enjoying warmer water and air with the introduction of geothermal
technology. The innovative state-of-the-art system will reduce the local pool facility’s gas consumption by up
to 70% per annum, saving the City of Greater Geraldton around $84,000 every year. CO2 emissions will be
reduced to 108 tonnes. The technology adds to the City’s renewable energy portfolio, following geothermal
being at the Geraldton Regional Art Gallery last year.
JOO NDA LUP
Joondalup Mayor Troy Pickard
was joined by North Ward
Councillors Tom McLean and
Kerry Hollywood to help start
construction on a new community
sporting facility in Bramston Park,
Burns Beach.
K A R R ATH A
The City of Karratha delivered a Pilbara experience like no other on June 6, teaming up with the West
Australian Ballet to present Embraceable You: Ballet on the Beach. Hearson’s Cove on the Burrup
Peninsular was transformed into a full stage ballet set for the performance all underneath an open sky,
just a stone’s throw from the sea.
Local dancers opened the sellout evening before the full West Australian Ballet company took the stage,
performing four pieces for the audience of 800. This beautiful night of ballet on the beach was the perfect
way to begin the City of Karratha 2015 arts and culture event calendar.
The $2.9m facility will include
change rooms, toilets, a
playground, car park, bike racks,
BBQ, picnic shelter and drink
fountain for the use and enjoyment
of the growing local community.
The State Government
provided part funding through
the Community Sporting and
Recreation Facilities Fund.
M A ND UR A H
Councillors, politicians and special guests were given a tour of the Mandurah Aquatic
and Recreation Centre (MARC) stage one redevelopment to see first-hand the new
pools, change areas and other exciting facilities under construction on Monday, 8 June.
The stage one aquatic redevelopment, set for completion later this year, will provide a
top-class facility for the community. All pool spaces are fully accessible, and there is a
new leisure pool and aqua playground. The long-awaited $38 million redevelopment will
provide a facility that will meet the needs of Mandurah’s growing community.
Pictured: City of Mandurah Councillors Jane Field, Lynn Rodgers, Don Pember and
Caroline Knight at the 50m outdoor swimming pool.
K WIN A N A
Our Heritage took place at Sloans Reserve in Kwinana
on 10 May. It was a day of cultural entertainment and
activities that reflect Kwinana’s rich history. It provided the
community with an opportunity to learn about the history
of Kwinana while enjoying a relaxing day out with family
and friends.
PAGE 11
MER R ED IN
The Shire of Merredin held their annual Destination Merredin
festival from Thursday, 7 May to Sunday, 10 May. The theme
was “Wartime in the Wheatbelt” and included a street parade
led by the WA Army Pipe Band, rations themed open air
lunch, a carrier pigeon display, museum tours, bus tours of
the WWII sites around Merredin, a dinner dance with the WA
Army Cabaret Band and swing dancers from Simply Swing,
a Mother’s Day picnic, a kite display and kitemaking lessons,
and croquet lessons from York Croquet Club.
Pictured: Malcolm Robartson from the Merredin Men’s
Shed demonstrates blacksmithing.
MOS M A N PA R K
Georgie Carey’s wistful photograph entitled “My Secret Hideaway”
secured first prize in the Town of Mosman Park Photography
Award 2015, netting the young photographer the $1,500 cash
prize, as well as a permanent place in Mosman Park visual history,
as her photo will be retained as part of the Town’s collection.
MOOR A
On Wednesday, 3 June, Shane Love, MLA
Member for Moore presented the Shire of
Moora, Moora Men’s Shed, Central Midlands
Agricultural Society and Central Midlands
Netball Association with a certificate
recognising the recent successful grant
funding achieved through the Wheatbelt
Development Commissions Royalties for
Regions Wheatbelt Community Chest Fund.
The grant is to develop a design for a
standalone multi-purpose shed facility at
the Moora Recreation Grounds for use by
these community groups.
Pictured: Shire President Colin Gardiner,
CMAS Phil Thomlinson, CMNA Julia Greay
and Kate Linke, MMS Stuart Earl and
Shane Love MLA.
Chairman of Rocky Bay (left) Graham McHarrie, winner of ToMP
Photography Award 2015 Georgie Carey (centre) with Mayor of the
Town of Mosman Park, Ron Norris (far left) standing next to the
winning entry, “My Secret Hideaway”.
M U NDA R ING
Wildlife in fire-affected areas of the Shire of Mundaring is being given a helping hand following the installation
of dozens of nesting boxes. The Parkerville, Stoneville, Mt Helena Bushfire in January 2014 caused significant
environmental damage in the area. As part of the Shire’s environmental recovery plan, local expert Simon
Cherriman recently constructed and installed the boxes on affected Shire reserves. The boxes were of various
sizes and will provide homes for black cockatoos, possums, parrots, bats and pardalotes. The nesting box
program was supported by funding from the Western Australian Government’s State Natural Resource
Management Program.
N A R ROG IN ( TOWN )
The historical Narrogin Town Hall was the perfect venue for the Narrogin
community to support RadioWest’s ‘Give Me Five for Kids’ fundraising
initiative supported by over 40 radio and TV stations across regional
Australia including 6NA RadioWest. For almost 20 years, the month of
June has been dedicated to raising much needed funds for the Princess
Margaret Hospital Regional Assistance Fund aiding sick children and their
families when they need it most. This fund is targeted to help families living
within regional WA, and the quiz night raised over $6,350.
ME NZIES
The Menzies Classic – Chas Egan Memorial Race is the highlight of
the Shire of Menzies community calendar and the accompanying cycle
carnival adds to the excitement and fun.
Activities included the sprint competition down the main street – a great
opportunity for the sprinters to show us how it is done and a spectacular
fireworks display on the Saturday evening.
PAGE 12
N OR TH A M
The Shire of Northam hosted a community barbecue in Bernard Park, Northam on
Wednesday, 27 May to celebrate National Reconciliation Week. This event, supported by the
Northam Aboriginal Inter-agency Group, attracted more than 90 community members, with
both Aboriginal and non-Aboriginal people of all ages represented. The community was able
to network with local Elders and Community Leaders.
M UR R AY
Crowds flocked to the Edenvale Homestead for the Shire
of Murray’s Act-Belong-Commit Pinjarra Festival over the
WA Day long weekend.
More than 15,000 people attended the annual Festival;
enjoying the vibrant and friendly atmosphere of Murray’s
largest community event.
Each year National Reconciliation Week celebrates the rich culture and history of the
first Australians.
The community barbecue followed a traditional welcome to country and flag raising
ceremony, and a didgeridoo performance by Trevor Davis.
Shire of Northam CEO, Jason Whiteaker said the event was a small part of the
reconciliation process and the beginning of building better relationships between the
Aboriginal and non-Aboriginal community.
Q UA IR A D ING
The Shire of Quairading recently made history, with the renaming by ministerial order of
Junction Road to Winmar Road, to acknowledge the Winmar family’s contribution to the Shire.
The re-naming honours passed Elders Bill, Bruce, Charlie and Fred Winmar, along with many other
family members. Basil Winmar, the oldest Winmar family member in town, proudly unveiled the new
street sign and cut the red ribbon across the newly gazetted Winmar Road. “I am very proud and
very happy for the Government to recognise our family” said Basil. The unveiling was attended by
Mia Davies MLA Member for Central Wheatbelt.
PER TH
Photo Credit: Tanya Voltchanskaya
Perth has taken a major step towards
being formally acknowledged as a leader in
economic development, tourism and vital to
Asian relations.
The City of Perth Act, introduced to State
Parliament in May, gives Perth greater
recognition as Western Australia’s capital city.
Lord Mayor Lisa Scaffidi said the legislation
will help develop stronger collaboration
between the City of Perth and State and
Federal Governments, to plan and manage
Perth as a developing global city.
PING ELLY
The Shire of Pingelly launched a new traineeship program mid-last year, which has been
providing opportunities and experiences to young people wanting to build skills. The Shire
has taken part-time jobs and turned them into full-time traineeships to offer employment
opportunities.
“It gives us more labour at a reduced rate but gives us something to put back into the
community through trades and qualifications in a way that didn’t exist in the community before,”
Shire CEO Gavin Pollock said.
Pictured: Trainees Rebecca King, Wade Taylor and Ellen Jeffrey with Shire CEO Gavin Pollock.
PAGE 13
SOUTH PER TH
The City of South Perth has marked a
milestone in major projects, turning the first soil
for the construction of the highly anticipated
Manning Community Hub facility.
The Manning Community Hub is a multi-million
dollar project that aims to create a new ‘heart’
for Manning and provide the community with a
vibrant, connected and attractive precinct that
integrates community services and
social activities.
Included in the facility will be the relocated
Manning Library, a community hall, Manning
Child Health Clinic, Moorditj Keila Aboriginal
Group, a sporting clubroom to house the
Manning Rippers Football Club and an early
years’ centre that will become the homes
of both the Manning Toy Library and a new
Manning Playgroup.
Pictured: City of South Perth Vicki Lummer,
Cliff Frewing, Mayor Sue Doherty, PACT
Construction Jason Kunkler and NS Projects
Graham Smyth.
V ICTOR I A PA R K
A few thousand people made it out to Lathlain Place and Rayment Park on Saturday, 9 May to
celebrate the launch of the brand new and improved Lathlain Place, which makes up Zone Four in
the Town’s Lathlain Precinct Redevelopment Project (LPRP).
The key objective of the LPRP is to make Lathlain a more focal, vibrant place and deliver far-reaching
benefits to the communities of Victoria Park and surrounding areas. There was a lot to see and do
for kids and adults alike, with special guest appearances from Rick the Rock Eagle and West Coast
Eagles players Scott Selwood, Matt Rosa, Jack Darling and Damien Cavka.
ROCK ING H A M
The $3.5 million reconstruction of the Val Street Jetty
at Rockingham foreshore was completed in March.
The original timber inner section of the 1950s jetty
had reached the end of its lifespan and in May 2014
the City appointed SMC Marine to demolish the inner
approach section and construct a replacement jetty.
STIR LING
A business breakfast hosted in June by City
of Stirling Mayor Giovanni Italiano showcased
the region’s emerging business opportunities,
particularly in Scarborough, Mirrabooka and
Osborne Park. More than 120 key business
leaders and government representatives from
across Perth attended the event. The breakfast
also launched the City’s investment prospectus
DVD and brochure, which outlines the many
reasons why the City is such a vibrant place to
live, work and invest.
Works commenced in September 2014 and included
the new piling works for construction of a seawall,
concrete beach access ramps, and piling works for the
inner section of the jetty. Steelwork was added for the
lower level ramp connection as well as hand railings
and corrosion protection. The project was completed
with the addition of landscaping and redevelopment
of the foreshore adjacent to the Cruising Yacht Club
including footpaths, stairs, turf and reticulation,
showers and a drinking fountain.
The new approach section of the jetty is approximately
90m in length and includes a steel ramp providing
universal access to the existing lower level landing.
SWA N
The City of Swan and WA Police have signed a Memorandum
of Understanding allowing local police to view the City’s live
community based CCTV feeds. The information sharing gives
the City confidence that police are backing up the City’s own
CCTV monitoring and will allow police to act proactively if
trouble is likely, to prevent situations from escalating.
Pictured: City of Swan Acting CEO Mark Bishop, WA Police
Central Metropolitan District Office Superintendent Peter De
La Motte and WA Police Central Metropolitan District Office
Acting Inspector Craig Davis.
PAGE 14
V IN CE NT
City of Vincent Mayor, John Carey and Councillors
unveiled Vincent’s new $500,000 adventure nature
play space at Braithwaite Park in Mt Hawthorn
on Saturday, 20 June. The park, at the corner of
Scarborough Beach Road and The Boulevarde, was
designed with input from local kids and specifically
caters for 10-14 year olds, with elevated boardwalks
and lookouts amongst the trees, cargo nets and
serious climbing structures, teepees and a tunnel,
creek bed and a 40 metre long dual flying fox for kids
to race each other.
WA N NEROO
The City of Wanneroo recognised its volunteer fire fighters at an appreciation
function in June.
More than 180 active volunteer fire fighters across the Wanneroo Central,
Wanneroo Fire Support, Two Rocks and Quinns Rocks brigades received
a framed photograph of the four service units and their support vehicles with
Mayor Tracey Roberts.
Each brigade trains weekly, attends community events and school visits,
undertakes public education programs and attends around 450 separate
incidents a year.
WESTO NI A
The Shire of Westonia was acknowledged in a
creative way for the work it does for its residents to
make the community welcoming, safe and supportive
of its seniors.
A group of ladies calling themselves the “Wisdom of
Westonia”, together with staff from the Community
Resource Centre and other crafty residents presented
a framed patchwork design representing Councillors,
staff and the CRC coordinator.
The Shire is working on a number of projects,
including aged care housing, redevelopment of the
old school site, town footpaths and jointly with the
Westonia CRC for seniors’ services.
WOODA NILLING
Shire of Woodanilling recently held the official opening
of the Woody Men’s Shed. Richardson Store has been
restored by the Men’s Shed group, from a derelict
shell to a weather proof and functional Men’s Shed.
Richardson Store was established in the early part of
the 1900’s and played an important role in the history
of Woodanilling.
Shire President, Russel Thomson officially handed
over the premises to President of the Men’s Shed,
Keith Schurmann. CWA also surprised everyone
by presenting a cheque for $500 to the Men’s
Shed group.
PAGE 15
WALGA EMPLOYEE REPRESENTS
AUSTRALIA AT UN COMMISSION
In March this year, WA Local Government
Association Employee Relations Advisor,
Davina Hunter, was selected as one of just five
Member Delegates from the Australian National
Committee (ANC) of UN Women for the United
Nations’ annual Commission on the Status of
Women, held at UN headquarters in New York.
Here, she shares her experience.
The United Nations’ Commission on the Status of Women (CSW)
was formed in 1946 to promote gender equality and help empower
women around the world. The CSW convenes each year at the UN
headquarters in New York City to discuss progress towards the
implementation of the key global policy on gender equality, the 1995
Beijing Declaration and Platform for Action.
As a long term volunteer of the ANC for UN Women and current
Chair of the Perth International Women’s Day Committee, I jumped
at the opportunity to apply to be a Member Delegate at CSW. The
selection process was competitive, so I was honoured to be chosen
as a member delegate to attend CSW with Julie McKay, Executive
Director and Elizabeth Shaw, President of ANC for UN Women.
CSW brought together over 8,600 representatives from around the
world to discuss the challenges affecting the achievement of gender
equality, the empowerment of women and to ensure women’s rights
inform the post-2015 development agenda.
The program included Ministerial round tables and a variety of
panel discussions run by government representatives, UN Women
and other non-governmental organisations (NGOs). The Australian
Federal Government delegation comprised a powerhouse of women
including Senator the Hon Michaelia Cash, the Minister Assisting the
Prime Minister for Women, Natasha Stott Despoja AM and Elizabeth
Broderick, the Sex Discrimination Commissioner.
During CSW, I had the honour of hearing from some of the most
inspirational, persuasive and passionate speakers about gender
equality, including Ban Ki-moon, UN Secretary-General, Phumzile
Mlambo-Ngcuka, UN Under-Secretary-General and Executive
Director of UN Women, Hillary Clinton and Melinda Gates.
My attendance at these panels brought with it a stark reminder that
globally, with all else being equal, gender equality won’t be realised
for another 81 years.
I was also reminded that at home in Australia, some of the statistics
on violence against women and women’s political participation
are astounding. One in three Australian women over the age of
15 has experienced physical violence and almost one in five have
experienced sexual violence.
Australia is ranked 65 out of 142 countries for the number of women
PAGE 16
in Ministerial positions. The Australian national gender pay gap is
18.2 per cent and Western Australia has the highest gender pay gap
in the nation at 24.8 per cent.
My main aim on returning from CSW is to share the knowledge I
received and encourage the Local Government sector to embrace
gender diversity as a means of developing a more innovative and
sustainable sector. In Australian Local Governments, just one in three
Councillors and Mayors are women, and only 11 per cent of CEOs
and general managers are women.
The benefits of achieving gender equality and good diversity in Local
Government are numerous and include:
• R
educed turnover and absenteeism leading to reduced
employment costs;
• O
rganisational excellence, as diversity improves the quality of
decision making;
• A
n inclusive leadership model that is more reflective of the
communities Local Governments represent; and
• Improved organisational performance, based on research
undertaken by McKinsey in 2009 that uncovered a positive
correlation between a company’s performance and the
proportion of women on the Board.
With this in mind, significant action is needed not only globally to
promote gender equality, but in our own sector.
In reflecting how best to tackle this challenge going forward, I’m
reminded of a powerful statement made by Ms Mlambo-Ngcuka at
CSW 2015, “We need to focus on how we change the paradigm and
not work on training women to work within the paradigm.”
WASTE TIME
COUNCIL A NTI - LIT TER CA MPAIG NS
Many WA Councils are delivering successful anti-litter campaigns in partnership with Keep
Australia Beautiful and their local community. Shire of Collie Councillor Nola Green shares
Collie’s experiences with KAB campaigns.
The drive into Collie through hills and unspoilt forest is one of the
most attractive in the State.
Spirits were high at the sausage sizzles which rounded off the two
cleanup days, and the second weekend was deemed unnecessary.
Sadly, as is the case with most of WA’s highways, it attracts litter.
The effort generated some great publicity in print, television and
social media.
Two years ago, the Collie Tidy Towns Committee registered 22kms
of Coalfields Highway in Keep Australia Beautiful WA’s Adopt-aSpot scheme, and with the help of local volunteer groups, has
done roadside cleanups for several years.
Council staff helped with traffic management plans for this busy
highway; and by picking up the orange bags from the roadside
following clean-ups.
This road is the Western entrance to the town, but there are also
roads coming into Collie from the South, East and North.
This year, the Rotary Club of Collie, with the help of a Keep
Australia Beautiful grant, launched a major campaign, Clean Up
Our Roads, to cover all roads into town.
The campaign included publicity through the local paper, Collie
Community Radio and a poster competition in local primary schools.
Two weekends were set aside for community cleanups, and the
schoolchildren’s posters were displayed in the local shopping centre.
Newspaper articles and photos encouraged people to join in the
cleanup, and radio messages recorded by local people urged
people to keep litter in the car, take it home and bin it.
Fifty two people responded to the first weekend cleanup, and 2500
bags of litter, plus some large items, were collected from 100kms
of highways, and delivered to the Collie Waste Transfer Station.
A short television advertisement was made showing the beauty of
the roads into Collie, and this is still being aired.
The winning posters from the schools competition have been made
into street banners, and have been erected in the town’s main street.
Since the campaign, more people have been inspired to undertake
individual efforts to clean up the bush around Collie and its river.
Keep Australia Beautiful bags, gloves and tongs have been
supplied by the Collie Tidy Towns Committee to these individuals.
Experience has shown that people are more likely to discard litter in
areas where rubbish already exists.
Clean it up, and the incidence diminishes.
Dealing with litter is everyone’s job – it starts with individuals and
affects local, regional and State communities.
Litter is harmful to wildlife, is a health and safety issue, and deters
tourists.
Local Government can help with education, encouragement and
staff expertise for areas such as traffic management.
Further information on Keep Australia Beautiful campaigns can be
found at www.kabc.wa.gov.au/resources/for-local-government
PAGE 17
PROCUREMENT UPDATE
The Top Five
ANDREW BLITZ, BUSINESS DEVELOPMENT MANAGER
Across Australia, Local Government spends $32 billion annually
and maintains infrastructure (non-financial assets) valued at more
than $350 billion, in all a 22% share of all public sector expenditure.
Tangentially, the sector collects just 3.4% of Australia’s tax revenue.
The approximate ratio for Western Australia sits at the tenth percentile.
With such a significant level of spend, the procurement
competencies required within the sector extend well beyond our
current compliance driven culture. Procurement is both strategic
and transactional, as highlighted by the recent WALGA Forum ‘Best
Practice in Procurement: Misconduct Risk Prevention Strategies’.
Resulting from the Forum and subsequent use of the WALGA
Procurement Compliance Checklist, the following five key issues
have therefore been identified.
2) PROCUREMENT ETHICS
The Code of Conduct, Purchasing Policy and related corporate
documentation set standards for procurement ethics, which are
reinforced by the organisational culture and processes in place to
raise awareness of obligations and expectations.
WALGA’s policy forum raised the cost of compliance when overregulation extends beyond a reasonable level of deterrence, or
creates a culture of aversion. It was however recognised that there
are necessary checks and balances relating to process control such
as the segregation of duties, the exercising of internal audit, and the
maintenance of clear and rigorous conflict of interest provisions.
The reputation of the sector collectively rests on the highest
standards of ethical integrity with respect to the procurement
function. Training in procurement ethics should be regularly
facilitated to support this.
3 ) QUALIT Y OF PROCESS
These issues stand at the forefront of procurement
improvement initiatives;
Tender and quotation processes require procedural fairness. An
objective and well constructed process will deliver the right outcome.
1) VALUE FOR MONEY ASSESSMENT
WALGA is often approached regarding procurement processes that
have gone wrong. This is mostly caused by omissions at the design
phase that can be too difficult to amend retrospectively, becoming
costly and time consuming to resolve.
Generally defined as the greatest level of compliance against
a given specification for the best price, there is a science to
determine not only the minimum purchase price (economy),
but also the maximum efficiency and effectiveness of a spend.
Technology now enables a calculation of this distinction, which
is being embraced by Local Government to support evaluations
focused on TCO (Total Cost of Ownership).
Value for Money extends beyond the tender phase. It is common for
the sector to be caught out by unfavourably constructed escalation
clauses that extend the scope and scale of activity beyond fixed price
components of a Contract. Inflationary impacts extending beyond
CPI also impact. The achievement of Value for Money outcomes
depend on robust and proficient Contract Management activity.
Value for Money is about both optimising cost and enhancing
the productivity of resources. A good procurement function will
deliver the information and analytics to proactively feed into the
planning, controls, and decision making associated with strategic
and budgeting processes, as opposed to reactively measuring
transactional value.
PAGE 18
Expressed colloquially, our aim is to build a fence at the top of the
cliff, as opposed to driving an ambulance to the bottom of the cliff.
Many of the problems associated with the procurement process
can be avoided in the first instance by undertaking procurement
planning, inclusive of Research and Development, market scanning,
and tender design. Once the process has been released to the
market it is critical that Local Governments stay true to the process
and its rules.
The key to ensuring quality of process rests with the planning and
preparation that contemplates any number of potential outcomes
and reaches the market in a form that is both contemporary and
respected by the Respondents.
4 ) RISK MANAGEMENT
Procurement risks are procedural and operational. Over the
past year the sector has implemented many changes to further
mitigate the risk of procurement fraud and corruption through
extended division of duties, the use of internal audit, and Code of
Conduct education.
A consciousness to preserve the commercial in confidence
information and intellectual property of the market is critical to the
integrity of the process and further protects against potentially
litigious disputes. The engagement of probity advisory services is
also recommended for a complex or sensitive procurement process.
Poor risk management profiling and inadequate risk assessment
through procurement planning can lead to poor value for
money outcomes. When determining risk, a greater focus on
risk consequence at the expense of realistically assessing risk
likelihood (probability and frequency) means that we often cast
overly conservative risk-profiling. To achieve value for money a
tolerable level of risk requires accommodation to both contain
costs and ‘get the job done’.
CHANGING
PLACES:
Further risk issues associated with the sector include engendering
supplier dependency (leading to an ultimate monopolisation of critical
supply markets), financial governance risks, and reputational risks
associated with supplier non-compliance and performance lapse.
Local Governments can now apply for funding to support new and
refurbished infrastructure designed to increase access and inclusion for
people with disability.
5 ) CONTR ACT MANAGEMENT
Our Local Government (Functional and General) Regulations
govern the procurement process, but are mostly silent on the
Contract Management that follows. Guidance for this activity
sits within Best Practice documentation, inclusive of the WALGA
Procurement Handbook.
Whereas many centralised procurement structures allow
Purchasing staff to establish supply arrangements, the activity
that follows is mostly divested to relevant Business Units. These
Contracts can be economic assets when skilfully driven and
leveraged. Contracts should contain well-defined Service Level
Agreements (SLAs), which are transparent to suppliers. It is critical
that these are not redundant provisions, but become the active
basis of supplier performance measurement.
The culture associated with Supplier Relationship Management is
nothing less than a commercial strategy. Although contracts are
designed as a legal and regulatory necessity, they can be operated
through a cooperative relationship that aspires towards mutually
beneficial market success.
CONCLUSION
Many improvements of the procurement function could be achieved
by shifting our focus towards enhanced outcomes in the above
areas that do not come at the expense of protective measures.
Local Government in Western Australia has significantly matured its
procurement focus over the past few years. Further modernisation of
the full cycle of activity associated with the procurement function will
yield even greater administrative efficiency and budgetary capacity.
Council Funding to Support Accessible Infrastructure
The State Government has committed $2 million for a Changing Places
project, through which Local Governments can apply for up to two thirds of
the cost of retrofitting or building a Changing Place. Changing Places are
often confused with accessible toilets. They are large rooms with enough
space for two carers, an adult size change table, ceiling hoist and shower.
They will be free to use and open 24/7 wherever possible.
WALGA welcomed the grant funding, saying it would contribute to the
sector’s aim of building inclusive communities. WALGA President Mayor Troy
Pickard said improving the lives of Australians with disability is an important
objective for Local Government.
“Consistent design and content of Changing Places means that individuals,
their families and carers will have peace of mind knowing that facilities will be
available to meet their needs in a safe, comfortable and dignified manner,”
Mayor Pickard said.
The Changing Places project draws on the learnings from advocacy
campaigns in the United Kingdom and Victoria to establish Changing Places
in the community. This is the first time a State Government has committed
to developing a State-wide network of Changing Places in partnership with
Local Government.
Most recently, the MCG has opened a new Changing Place facility in time for
the first game of the AFL season. The new Perth Stadium project team has
also announced its commitment to include at least two Changing Places.
WALGA is managing the grant funding to Local Governments in partnership
with the Disability Services Commission. An expression of interest process to
determine project sites and possible partners is currently on offer, the closing
date for which is COB Friday, 14 August.
Further information is available online at disability.wa.gov.au or by emailing
ebrunsdon@walga.asn.au
eQuotes
save time get quotes online
PAGE 19
CONVENTION PROFESSIONAL
DEVELOPMENT OPPORTUNITIES
WALGA offers a number of training courses to
coincide with the 2015 WA Local Government
Convention, both on site at the Perth Convention
and Exhibition Centre and at WALGA offices at
ONE70 in West Leederville. In addition to the
courses outlined below there are a number of
breakfast events available to Officers, further
information is available from the WALGA
website: 2015 WALGA Marketplace.
Seminar presentations include:
HUM A N R ESOURCES SEMIN A R
• E
mbedding a positive culture after a period of change –
providing a framework and tools to build and maintain a
cohesive working environment after a period of change.
This full day Seminar offers a practical guide to contemporary
and future human resource issues within the Local Government
Industry. Local Government Officers involved in organisational
development and human resources management are encouraged
to attend.
Register at www.walga.asn.au – Human Resources Seminar
• F
air Work Ombudsman – an overview of the Ombudsman’s role
and employment trends
• F
itness for work panel – interactive session facilitating
discussion of three practical ‘fitness for work’ scenarios: age,
drugs and mental health; and how they relate to workplace
health and safety, workers compensation, human resources,
industrial relations and employment law
• Restructure
process – examining common problems faced by
organisations when they undertake an organisational restructure
and are required to implement redundancy and redeployment
programs.
Date:
Friday, 7 August
Time:
9:00am- 4:15pm
Venue: Perth Convention and Exhibition Centre
Cost:
$250 incl GST
WA LG A PROFESSION A L
D E VELOPMENT OPPORTUNITIES
The following WALGA training courses are offered in Perth during Monday, 3 August to Tuesday, 11 August
to coincide with the 2015 Local Government Convention.
To register, go to the WALGA website: WALGA Training for Elected Members & LG Officers.
Pre Convention
Monday, 3 and Tuesday, 4
August
9.00am – 4.30pm
Cost: $1,200 (+GST)
Venue: Adina Apartment Hotel
(Avon Room)
Tuesday, 4 August
9.00am – 4.30pm
Cost: $650 (+GST)
Venue: Adina Apartment Hotel
(Canning Room)
Tuesday, 4 August
9.00am – 4.30pm
Cost: $450 (GST exempt)
Venue: WALGA Boardroom
Procurement Training for Local Government (for Officers)
Procurement Training for Local Government is a foundation course in procurement for Local
Government Managers and Officers, designed specifically for individuals who are not formally trained
or qualified in procurement.
This 2 day workshop will provide participants with a practical working knowledge of best practise
procurement and contract management that is directly relevant and transferable to their roles and
responsibilities within Local Government.
Managing Contracts in Local Government (for Officers)
Managing Contracts in Local Government is designed to assist Local Governments and Contract
Managers in Western Australia to address issues and raise the bar in improving all aspects of their
contract management performance. Managing Contracts tailors modern leading contract management
practice specifically for contract managers in the Western Australian Local Government Context.
This practical training is designed for procurement practitioners and for all those in Local
Government who have contract management responsibilities and would like to improve their
understanding and practice.
Serving on Council (for Elected Members)
Serving on Council is designed to give Elected Members the confidence to perform their role
on Council. This course has been specifically developed to address the unique needs of Elected
Members in leading and support their communities whilst acting within the processes and procedures
imposed on Local Government in general and, more specifically, at a governing board level.
The course provides an overview of the roles and responsibilities of Elected Members, the Local
Government environment and Council operating procedures. It recognises both internal and external
influences on Councillors and the necessity for them to perform their role in a due diligence environment.
PAGE 20
Convention
Wednesday, 5 August
9.00am – 4.30pm
Cost: $450 (GST exempt)
Decision Making at a Governing Board Level (for Elected Members)
Decision Making at a Governing Board Level is designed to allow Councillors to look in-depth at the
decision-making processes and capabilities required by those who have been elected to serve their
communities within Local Government.
Venue: WALGA Boardroom
The course examines the separate but complementary roles and functions of those involved at the
decision making levels of Local Government and why we depend on people to make the system work
and not the other way around. Participation in this course provides insights into what it means to
operate at the highest levels in Local Government.
Wednesday, 5 August
9.00am – 4.30pm
Planning and Specification Development (for Officers)
Cost: $650 (+GST)
Planning and Specification Development focuses in detail on the critical steps associated with
planning and specification development for successful contracts.
Venue: Adina Apartment Hotel
(Canning Room)
Addressing key planning areas including; understanding the supply market, risk management and
procurement planning, this course will also provide skills, processes and hands on case studies to
assist those Officers involved in all aspects of the preparation of specifications.
Thursday, 6 August
9.00am – 4.30pm
Participate in Local Government Emergency Management
(for Elected Members & Officers)
Cost: $550 (+GST)
Venue: WALGA Boardroom
Participate in Local Government Emergency Management Preparation provides the foundation to
increase Local Governments’ knowledge of their preparation and planning responsibilities under the
Emergency Management Act 2005.
The aim of the course is to assist Local Government to initiate, coordinate and manage Local
Government emergency management planning activities under the Emergency Management Act 2005.
Thursday, 6 August
– Friday, 7 August
9.00am – 4.30pm
Cost: $850 (+GST)
Local Government Act (Advanced) (for Officers)
Local Government Act – Advanced has been designed to enhance the ability of participants to
comply with their role as professionals under the Local Government Act. This course discusses our
legal system, how to understand and interpret Statutes and how to relate this specifically to the Local
Government Act 1995. Other relevant Acts and Regulations were referred to throughout the course.
Venue: WALGA Boardroom
Participants will increase their knowledge and skills in order to respond to questions or provide
information to Council and Councillors.
Friday, 7 August
9.00am – 4.30pm
Manage Recovery Activities for Local Government (for Elected Members & Officers)
Cost: $550 (+GST)
Venue: WALGA Boardroom
Manage Recovery Activities for Local Government provides the foundation to increase Local
Governments’ knowledge of their recovery responsibilities under the Emergency Management Act 2005.
The aim of the course is to assist Local Government to initiate, coordinate and manage Local
Government recovery activities under the Emergency Management Act 2005.
Post Convention
Saturday, 8 August
9.00am – 4.30pm
Cost: $495 (+GST)
Venue: WALGA Boardroom
Professionally Speaking (for Elected Members)
Professionally Speaking (or how to deal with communication minefields – everything from media
interviews to hostile public meetings) is an interactive workshop specifically designed to get
participants ‘battle-ready’ and offers practical techniques for handling unfamiliar public speaking
situations with confidence and aplomb. While the focus of the session is on demystifying the media
and getting the best result from every media opportunity, these skills can also be effectively used in
other business settings.
Presented by Award Winning TV Journalist, Andrea Burns.
Monday, 10 August
9.00am – 4.30pm
Cost: $450 (+GST)
Understanding Financial Reports and Budgets (for Elected Members)
Understanding Financial Reports and Budgets uses existing legislation as its basis to explore the
way in which Local Governments are required to plan for the future, develop an annual budget and
monitor, review and interpret financial reports.
Venue: WALGA Boardroom
Topics covered within the course include the legislative requirements for Local Government
accounting, understanding budget documents, familiarisation with budget processes and discussing
accounting terms and financial reports.
Tuesday, 11 August
9.00am – 4.30pm
CEO Performance Appraisals (for Elected Members)
Cost: $450 (GST exempt)
Venue: WALGA Boardroom
CEO Performance Appraisals provides the skills and knowledge required for Elected Members
to manage the performance of their Chief Executive Officer. This course makes the link between
performance management and performance development, and reinforces both functions as a key
requirement of an effective CEO.
Topics covered within the course include the legal responsibility of Elected Members to review the
performance of their CEO, the process involved before and after the review, measuring achievements
and setting goals.
PAGE 21
GETTING E-SMARTS
ENCOUR AGING CYBERSA FE T Y A ND D IGITA L INCLUSION
Libraries play an important community role in bridging the digital
divide, by improving opportunities for Australians to access and learn
about the benefits of technology – irrespective of income or ability.
Many libraries have found that the eSmart Libraries Framework
fits perfectly with local government library strategy and helps to
positively respond to the digital shift.
The eSmart Libraries Framework, an initiative of The Alannah and
Madeline Foundation in partnership with the Telstra Foundation,
is a free, purpose-built system designed to equip libraries and
connect library users with the skills they need for smart, safe and
responsible use of technology.
“With libraries becoming much more technology focused, it is
more important now than ever to become an eSmart Library. It
has encouraged us to revisit the way we do things and look for
improvements that will be beneficial to the staff and community,”
said Kimberley Higgins, eSmart Coordinator, Albany Public Library.
Over 40 per cent of Australia’s public libraries are currently
participating in eSmart – with branches based in metro, regional and
remote areas of Western Australia and more joining every week.
The eSmart accreditation process takes each library an average of
12 to 24 months to complete and can be paused and progressed
again at any time. Across Australia 623 public library branches are
now participating in the program, with the aim to reach 100% of
public libraries by 2018.
Wanneroo Library Service is currently heading toward their eSmart
accreditation.
“The rapid growth of the internet and digital technology presents
many benefits, risks and challenges. Experienced users and new
users use the internet to connect, learn and communicate, but
they may also encounter many risks due to the often anonymous,
complex and multi-layered nature of the internet.
“The Wanneroo Library Service provides access to online resources
and services, and plays an important role in ensuring that members of
our community who do not have access to these services at home are
not disadvantaged,” said City of Wanneroo, Mayor, Tracey Roberts.
PAGE 22
eSmart Libraries remains free and libraries can register through
the eSmart Libraries website – more information can be found at
esmartlibraries.org.au
WASTE MESSAGE RECEIVED
BIN TAGGING TRIA LS A SUCCESS
Providing individual feedback to residents
on their recycling behaviour has proved a
successful model for community education, as
the recent Bin Tagging program trial has shown.
Modelled on a successful program used in South Australia, the
program provided households with constructive feedback and
information on how they can recycle right and reduce waste. The
trial was conducted with three Councils, auditing 2000 households
per Local Government and providing feedback across five
fortnights of waste and recycling bin collection.
The bin trials, held across selected areas in the Cities of Joondalup
and Kwinana and the Town of Cambridge resulted in close to 70%
of households recycling correctly by the end of the trial period. In
some areas, this was closer to an 80% correct recycling rate, with
the majority of households that hadn’t quite got it right by the end
of trial only displaying minor errors in their behaviour.
The most common mistake seen throughout the trial was recycling
put in bags before being placed in the recycling bin – if householders
do that, the material is likely to end up in landfill. Following feedback
via the bin tags, Kwinana saw the percentage of bagged recycling
decrease from 34.8% to 18.4% - a drop of over 16%. Cambridge
saw the bagged recycling rate drop from 23% to 14%, a decrease
of 9%. Joondalup had a far lower initial rate of bagged recycling, at
10.4%. During the trial period this decreased to 3.6%.
Following feedback from participating Local Governments, the
following findings have been released:
• T
he initial Bin Tags need to be refined based on feedback and
key issues identified by Local Governments and residents over
the course of the Pilot.
WALGA President Mayor Troy Pickard congratulated trail
participants on their success:
“Incorrect recycling can be costly for Councils and their staff as
well as the environment. When recyclable items end up in landfill
after being through a recycling facility due to the wrong processes
being followed, this increases the overall cost of recycling,” he said.
“The audit’s success shows most people want to do the right thing
and change their behaviour once they learn how to improve their
own practices with their own bins.”
“Given this success, WALGA will be looking to expand this trial to
include wider sections of the community in future.”
The trial was funded by the Waste Authority through the Waste
Avoidance and Resource Recovery Account and supported by the
Cities of Joondalup and Kwinana and the Town of Cambridge.
A brief Report on the trial approach and outcomes is available from
the WasteNet website www.wastenet.net.au
WE ASK
ONE SMALL
FAVOUR
Please do not place these
contaminants in your recycling bin.
• T
he level of resources required to roll out the Program is
now better understood and WALGA is able to provide this
information to any Local Governments considering Bin Tagging.
• B
ased on the demographics of an area, and the level of existing
waste education, WALGA is able to provide information to Local
Governments on what results to expect.
• G
ood systems of data capture and comparison are essential to
a successful program, along with regular communication and
updates to those involved in the Program.
• T
o ascertain the long term impact of Bin Tagging it will be
important to check the Cambridge, Joondalup and Kwinana
pilot sites in February/March 2016.
THANK
YOU!
NO nappies
NO polystyrene
NO clothing
or textiles
NO food scraps
or other green
organic matter
Your effo
Remove lids
rt
Ensure
containers are
free of food
s help re
cycle valu
able reso
urces.
Glass
bottles
and jars
NO plastic bags and soft plastics
(cling film, newspaper wrap, bubble
wrap, frozen food)
Aluminiu
and steem
l
Hard pla
cartons, stics,
plastics soft
Other
THANK YOU FOR YOUR EFFORTS RECYCLIN
Paper an
cardboar d
d
G RIGH
T:
Saves w
ater, ener
gy and re
Reduces
sources
waste to
landfill
Reduces
harmful
greenho
use gases
Is more
cost effec
tive
joondalup.wa.gov.au
recycleright.net.au
12/02/2015 11:11:50 AM
Joondalup bin tags.indd 3
recycler
Kwinana
ight.net
.au
kwinana.
bin tags.in
dd 1
wa.gov.
au
9/04/2015
10:50:38
AM
PAGE 23
LEG A L UPDATE
CLARIFICATION ON
ABORIGINAL HERITAGE
BY M A R K G REGORY, PA RTNER , CASTLED INE G R EGORY
PORT HEDL AND HARBOUR DEVELOPMENT
DECISION CL ARIFIES ABORIGINAL
HERITAGE L AW
In Robinson v Fielding [2015] WASC 108 the Supreme Court has
clarified:
• T
he meaning and scope of Aboriginal sacred sites under the
Aboriginal Heritage Act 1972 (AH Act)
• T
he degree of consultation required with traditional owners
before making decisions affecting Aboriginal sites
The Court also found that the ACMC had failed to accord
procedural fairness to the traditional owners. Nothing in the AH
Act expressly requires consultation with Aboriginal people with
connections to the site the subject of a development notice.
However, the Court reasoned:
• The proper use of policy when interpreting legislation.
• the effective operation of the AH Act requires some input from
Aboriginal people
PORT HEDL AND HARBOUR DEVELOPMENT
• the level of input depends on the individual circumstances of
each case
In 2008, the Port Hedland Harbour and its tributaries were
registered as an Aboriginal site known as Marapikurrinya Yintha
(MY Site), because of the water system’s associations with the
mythological rainbow serpent. The site met the test in section
5 of the AH Act of a “sacred, ritual or ceremonial site, which is
of importance and special significance to persons of Aboriginal
decent” (underlining added).
Since 2008 a number of development decisions had been made
affecting Port Hedland Harbour, each on the basis that the MY Site
was an Aboriginal site protected under the AH Act.
In 2013 the Department of Aboriginal Affairs introduced policy
guidelines on the interpretation of section 5 of the AH Act (S5
Guidelines). The S5 Guidelines added new criteria, not contained
in the AH Act, for the assessment of Aboriginal sites, including
that “[f]or a place to be a sacred site requires that it is devoted to
religious use rather than a place [merely] subject to mythological
story, song or belief” (underlining added).
In 2013 the Port Hedland Port Authority (Port Authority) sought
approval to develop a new wharf in Port Hedland Harbour. Under the
AH Act, the Aboriginal Cultural Material Committee (ACMC) assesses
such applications and makes a recommendation to the Minister.
The ACMC took into account the S5 Guidelines and the
Department’s comments that there was a “lack of evidence of
specific rituals, ceremonial and cultural activities associated solely
with the site”, and resolved that the MY Site was no longer an
Aboriginal site within the meaning of the AH Act.
In coming to its decision, the ACMC sought further information from
the Port Authority, including whether there were any specific rituals
or ceremonies associated with the MY Site. Notably, the ACMC did
not ask the relevant traditional owners provide any such information,
or to make any other submission.
THE COURT’S DECISION
The Supreme Court found that the ACMC failed to have proper
regard to the criteria set out in the AH Act, and made an error by
relying on the S5 Guidelines, because they were inconsistent with
PAGE 24
the proper interpretation of section 5 (and other provisions) of the
AH Act. The Court found that a place can be an Aboriginal sacred
site, even if it is not devoted to religious use: it may be sufficient if
the site is subject to mythological story, song or belief.
• in this case, the MY Site was a registered site, so any decision to
de register it was clearly of significance to the traditional owners
• in this case, the traditional owners were entitled to expect that
the ACMC would deal with the development application on the
same basis it had dealt with previous applications (rather than
deciding that the MY Site was not even an Aboriginal site), and
so was “bound to provide an opportunity to [them] to respond to
the [proposal]”.
The Court overturned the ACMC’s decision, and sent the matter
back to the ACMC to make a fresh decision taking into account the
Court’s reasons.
RELEVANCE OF THE DECISION TO LOCAL
GOVERNMENTS
As land managers and land developers, Local Governments
sometimes have to deal with Aboriginal sites. Many Local
Governments have some experience of the mix of cultural, legal and
political issues that can arise when dealing with Aboriginal sites.
The Supreme Court decision:
• a
ssists our understanding of the scope and nature of Aboriginal
sites of a sacred or mythological nature
• r eminds decision-makers of the dangers of over-reliance on
policy instead of focusing clearly on relevant legislative provisions
• h
elps Local Governments and developers understand the
flexibility in the degree of consultation required with traditional
owners when making development plans that will affect an
Aboriginal site.
For further information in regard to the above, contact Mark
Gregory on 9486 7665 or m.gregory@cglawmediation.com.au.
The information contained in this update is general in nature and
should not be relied upon without obtaining legal advice in the
circumstances of each case.
STATE COUNCIL BRIEFS
The following resolutions were among those carried at the Regional State Council Meeting
held at WALGA on Wednesday, 1 July 2015
CYCLING ON FOOTPATHS DISCUSSION PAPER
That State Council resolves:
1. To support the amendment of regulation 216(1) of the Road Traffic
Code 2000 to allow cyclists of all ages ride bicycles on footpaths
subject to the implementation of an appropriate speed limit for cyclists
riding on footpaths.
2. Any change to regulation 216 (1) of the Road Traffic Code 2000 is
accompanied by a comprehensive public education campaign.
3. The Association to investigate the provision of local laws for cyclists
riding on footpaths in specified areas, at the discretion of a Local
Government.
4. The Association advises the Office of Road Safety and Department
of Transport in writing of key matters highlighted by the Local
Government sector to be considered should the proposed
amendment to the Road Traffic Code 2000 proceed.
FEEDBACK – DEPARTMENT OF TRANSPORT’S 2015
DRAFT COASTAL ADAPTATION AND PROTECTION
POLICY FOR WA
That the feedback provided to the Department of Transport on its draft
2015 Draft Coastal Adaptation and Protection Policy for WA be endorsed.
INTERIM SUBMISSION TO THE SENATE INQUIRY
INTO REGIONAL CAPITALS
That the Association’s interim submission in response to the Senate
Inquiry into Regional Capitals be endorsed.
INTERIM SUBMISSION TO THE TA X DISCUSSION
PAPER
That the Association’s interim submission in response to the Australian
Government’s Tax Discussion Paper be endorsed.
PAGE 25
State
Council
N A ME ZONE
Cr L (Lynne) Craigie.................................................................................................................President
Cr L (Lawrie) Short....................................................................................Avon-Midland Country Zone
Cr P (Philip) Blight.................................................................................................Central Country Zone
Cr J (Janet) Davidson JP.............................................................................. Central Metropolitan Zone
Mayor H (Heather) Henderson...................................................................... Central Metropolitan Zone
Cr S (Steve) Wolff..............................................................................................East Metropolitan Zone
Cr M (Mick) Wainwright.....................................................................................East Metropolitan Zone
Mayor R S (Ron) Yuryevich AM RFD.............................................Goldfields Esperance Country Zone
Cr R (Ross) Winzer..........................................................................................Gascoyne Country Zone
Cr E (Eileen) O’Connell..............................................................................Great Eastern Country Zone
Cr K (Ken) Clements............................................................................... Great Southern Country Zone
Cr C (Chris) Mitchell......................................................................................... Kimberley Country Zone
Cr S (Simon) Broad........................................................................................ Murchison Country Zone
Mayor T (Tracey) Roberts ...............................................................................North Metropolitan Zone
Cr G (Geoff) Amphlett JP ...............................................................................North Metropolitan Zone
Cr D (David) Michael........................................................................................North Metropolitan Zone
Cr K (Karen) Chappel........................................................................................Northern Country Zone
Cr W (Wally) Barrett.................................................................................................. Peel Country Zone
Cr Fiona White-Hartig (Deputy) .......................................................................... Pilbara Country Zone
Mayor H (Henry) Zelones JP................................................................... South East Metropolitan Zone
Cr F (Fiona) Reid..................................................................................... South East Metropolitan Zone
Mayor C (Carol) Adams.................................................................................. South Metropolitan Zone
Mayor L (Logan) Howlett................................................................................ South Metropolitan Zone
Cr D (Doug) Thompson.................................................................................. South Metropolitan Zone
Cr W (Wayne) Sanford.................................................................................. South West Country Zone
Ex officio:
Mr M (Mark) Chester..................................................................Local Government Managers Australia
WALGA Associate Member:
L (Lisa-Michelle) Scaffidi......................................................Rt Hon the Lord Mayor of the City of Perth
R (Ricky) Burges ................................................................................................Chief Executive Officer
WALG A
ONE70 LV1, 170 Railway Parade, West Leeder ville WA 60 07
T ( 08 ) 9213 20 0 0 l F ( 08 ) 9213 2077
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