Local Law reviews
Victorian Councils are required to review their local laws at least every ten years. This review is invariably complex and time consuming: yet, if done well, it provides opportunity for community interaction with the Council about important issues.
The task of reviewing local laws is, of course, the Council’s: Legislation Services offers support to the Council and its officers in undertaking that task.
Why use consultants?
Local law review is an important, discrete task. It is resource-intensive work, additional to the Council’s general workload. It calls for skills in:
- internal and external consultation, including identification of stakeholders and the conduct of public forums;
- legislative drafting.
Our core team members are:
Paul D’Elia — who is a former Local Government practitioner with over 26 years experience in Local Government Property, Administration and Finance. Paul has extensive practical experience in Governance and knowledge of administrative and statutory requirements.
Campbell Duncan — who has provided advice and representation to local government for twenty years. He worked as Manager, Legislation at the Local Government Department at the time the Local Government Act 1989 was prepared, and subsequently as a legal practitioner for Melbourne law firms providing advice to Government. He is now the principal of Duncan Lawyers. He has advised and represented many Councils, and has a deep understanding of local government issues.
Our approach
Local laws cover many issues – some contentious, some not: some entail significant compliance costs, some do not. Our approach is therefore one of flexibility, but at the same time we understand the need for a strong, consistent and disciplined approach in how we interact with officers, councillors, residents and other key stakeholders.
The key feature of our approach is to establish upfront with a client Council our expected deliverables, including timing and reporting requirements. This enables us to not only effectively manage the process of collecting the required information for our work, but more importantly, it means that we are able to assist in the effective management of stakeholders’ various interests.
Process
We recommend a two-stage process:
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first, internal consultation, to develop options that are feasible and consistent with Council objectives and strategies. We would arrange a series of meetings with relevant Council officers identified by senior management and with representatives of other public authorities with an interest in the local law (for example, police in relation to alcohol consumption laws). Over a period of weeks, free time will be set aside by us to enable any Council officer to come and discus any aspect of the local law. This process is usually well received as it involves a one on one session with the officer to clarify any aspect of the draft local law;
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secondly, external consultation with stakeholders and members of the community generally. Evening forums would be held over a two-week period, targeting specific issues. Our experience is that these sessions are usually well attended, and that there is often vigorous debate on many issues, including community perceptions about Council administration. It is desirable that proposals, including proposed Council policies to underpin local laws, be available at this stage to ensure that consultation is effective. Comments made at the forums would be recorded and forwarded to relevant managers for action, and to Councillors for their information.
Our approach meets and exceeds the statutory consultation requirements under the Local Government Act.
For further information
You should initially contact Paul D’Elia on 9578 7620.
Local Government faces the governance issues which confront national and state governments — and many others beside.
Sometimes a maker of legislation (with local laws), but mainly on the receiving end, local government is heavily involved with legislation. It makes policy, and implements policy - always within a confined and messy legislative context.