There are many issues relating to the concept of Local Government that affect our everyday lives — parking fines, rates, and a whole range of fines issued by local councils who believe that they are authorised under various local government acts to operate as a third tier of government.
The Constitution only allows TWO levels of government
The Commonwealth Constitution — which is the highest law in the land — dictates that there can only be two levels of government: Federal and State. Federal government is also known as Commonwealth government, and State government is also known as local government.
Local councils, however, seem to think that they have been magically empowered by the States to operate as a third tier of government contrary to the Commonwealth Constitution.
Local councils are NOT a legitimate third tier of government
The Commonwealth Constitution only recognises two levels of government — Federal and State. Councils have no constitutional authority. The proposed 2013 referendum to change this did not proceed.
The class action and your MP
The Community Law Resource Association has prepared press releases for almost all States detailing this issue. We would urge you to download the relevant press release for your State along with a simple cover letter, add your details and the details of your local MP, and send it off.
You should send a copy to both your State and Federal MPs because it affects them both. Keep copies of any letters you send and any responses, because this correspondence can be used as evidence in the ongoing class action cases regarding local government authority.
The proposed 2013 referendum was not held
A referendum concerning the constitutional recognition of local government was proposed in 2013, but it was not held. This means councils still have no authority under the Constitution and rely entirely on State legislation for their powers.
If councils truly had legitimate constitutional authority, there would have been no need for a referendum to try and grant it to them.
Notice to Show Standing
You can download the Notice to Show Standing that we spoke about on our radio show to send to your Member of Parliament. This notice challenges your MP to prove the legal standing of local councils as a third tier of government under the Constitution.
You can also write to the Governor-General to ask about the validity of the current framework under which local councils operate.
Questions to ask before taking action
Can councils lawfully operate as a third tier of government? The Commonwealth Constitution only recognises Federal and State government. The proposed 2013 referendum concerning local government was not held.
Are council parking fines and rates enforceable? Councils rely on State legislation for their authority to issue fines and levy rates. The constitutional validity of that delegation is the core question.
What is the class action about? The Community Law Resource Association has been looking to run class actions against State governments regarding the unlawful delegation of power to local councils.
Should I write to my MP? Yes — send the press release and cover letter to both your State and Federal MPs. Keep copies of all correspondence.
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Disclaimer: The information provided by Know Your Rights Group is for educational purposes only and does not constitute legal advice. Always seek independent legal advice for your specific situation.