Split and Mix Challenges - Issues of Process and Priority

http://www.abc.net.au/news/2013-10-19/kwinana-council/5033288?&section=news

There are some challenges looming for the Local Government Advisory Board given the number of conflicting proposals and, in particular, ones that involve splitting an existing local government.

For example, the Kwinana proposal mentioned here requires that the remainder of Cockburn be merged with another Council.

In the case of Vincent, the Premier has stated that he wants the City of Perth proposal to be dealt with first, but that would leave a large part of Vincent left out - and less likely to be viable, given that the jewels would have been pirated by the City of Perth. So the LGAB cannot assess the City of Perth proposal without effectively requiring (and prejudging) that something else be done with the remainder of Vincent.

And yet there is no proposal from a local government that deals with this. Vincent wants the whole of the City to go into the City of Perth, if abolition of Vincent goes ahead. Stirling has submitted a proposal that does not include any of Vincent.

And if the State Government wants to try to sort this out by making its own proposals to the LGAB, it will be on shaky ground. Once local Councils have made proposals to the LGAB, the Board is bound to deal with them according to process, including formal inquiry with a 6-week opportunity for public submissions, set out in Schedule 2.1 of the Local Government Act.

In terms of natural justice, the LGAB would need to deal with the Councils' proposals before any 'consolidated proposals' from the State Government.

Moreover, the LGAB may only consider a second proposal in respect of an area if that proposal is not "substantially similar to a proposal on which the Board has made a recommendation to the Minister within the period of 2 years immediately before the proposal is made".