The revised Local Government Act of Queensland has taken away many standard procedures that have protected Westminster democracies for centuries. It has thrown local government into pre Magna Carta days where tyrants could rule unchecked by force of will.
Democracy has a basic tenant. There are always at least two loyal opinions to be heard on every issue. It is the free and public clash of these opinions – and their peaceful resolution – that produces a sustainable democracy. Which means we don't need to resort to public insurrection to bring about change.
The Queensland Local Government Act has robbed the third tier of government the right to oppose and to call into question decisions made by councils. First, administrations are allowed to invoke secrecy provisions for almost everything.
The Act has put in place a foolish "Board Unity" concept where it is now difficult for someone to oppose the majority view of council. The Act makes many Mayoral and CEO decisions absolute and without recourse to appeal.
Worryingly, Mayors have been given power over CEOs. Only the Mayor can direct the CEO. And the Mayor may perform the CEO’s salary and performance reviews by himself – and in secret.
Let’s agree the Mayor and the CEO are honourable men who believe in democratic principles.
They have been given sweeping powers over the council processes and over the community by the Local Government Act. They have been encouraged to exercise those powers aggressively by a State bureaucracy determined to look the other way.
What person could hold themselves back when granted such rights? Few - if any I think.
The system is wrong and could make tyrants out of even the most honest of us. Queensland's Local Government Act must be rewritten and soon to protect our democracy.