This is the personal blog of Ian Ker, who was Councillor for the South Ward of the Town of Vincent from 1995 to 2009. I have been a resident of this area since 1985. This blog was originally conceived as a way of letting residents of Vincent know what I have been doing and sharing thoughts on important issues. I can now use it to sound off about things that concern me.

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Wednesday, October 22, 2014

Constitutional Contravention

First the Legislative Council votes against Barnett on local government. Now the Legislative Assembly has done so. http://mobile.abc.net.au/news/2014-10-21/wa-govt-loses-motion-over-local-council-amalgamations/5831462


Mark McGowan is quoted by the ABC as saying :"If the Government goes ahead with a plan that doesn't involve a local say, or does involve legislation without mandate, it is therefore defying the will of Parliament".

Barnett, in the Parliament yesterday, denied that this is so.
It is quite possible that the situation would actually be more dire for the Government than simply defying the will of Parliament as it becomes a constitutional issue.

The WA Constitution Act (Section 52 para 1) states:
52. Elected local governing bodies
(1) The Legislature shall maintain a system of local governing bodies elected and constituted in such manner as the Legislature may from time provide.

Whilst there is nothing in this preventing the delegation of this responsibility (as it has done through the Local Government Act, 1995), a similar resolution of both houses of the Parliament should be interpreted as constraining any such delegation.
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