New Background Papers
New Background Papers prepared for the Local Government Act Review are now available on the Your Council Your Community document libraries.
This paper, prepared by Yehudi Blacher, former departmental Secretary for the Department for Victorian Communities and the Department of Planning and Community Development, provides an overview of the legislative history of local self-government in Victoria including the introduction of the Local Government Act 1989, its intended purpose and its deficiencies. It makes a number of suggestions for the future direction of legislation and argues that it should strike a balance between effective service delivery and representative democratic governance. In doing so, it examines a number of key issues for consideration including electoral arrangements, ratings and ministerial powers.
This paper, prepared by Campbell Duncan, Principal of Duncan Lawyers and formerly Manager of Legislation, the Department of Local Government, unpacks and explores the legal context of local government decision-making and local governments place as a statutory decision-maker. Part A examines a number of issues in respect of the decision-making processes of local government, particularly as it relates to public participation. Part B examines recent developments in regulatory reform generally with particular regard to enforcement and legislative instruments and how this has effected the Local Government Act 1989. Part C then goes on to discuss a number of specific issues and makes a number of recommendations for possible reform.