The Federalism Project

www.griffith.edu.au/federalism

Knowing the Challenge: Voter Attitudes to Federal Constitutional Recognition of Local Government in 2008
Dr A J Brown The Federalism Project Griffith Law School Local Government Constitutional Summit Melbourne, 9-11 December 2008

First Australian Constitutional Values Survey

Conducted nationally by telephone over 1-8 May 2008

1,201 respondents aged 18 years and over (n=1201) 1,155 respondents eligible to vote (n=1155)

Stratified random sample

Results post-weighted to Australian Bureau of Statistics data on age, highest level of schooling, sex, area; and Newspoll data on federal voting intention for eligible voters. Funded by the Australian Research Council DP0666833 Griffith University, with Charles Sturt University, University of New England and the University of Melbourne.

Option 1. Purely symbolic recognition Option 2(a). Pure institutional recognition (no direct change to status quo)
Question: At the moment, the [Australian] Constitution does not actually mention or officially recognise that local government exists in Australia. Which one of the following comes closest to your view? Answers: The existence of local government should be officially recognised in the Constitution OR There is no real benefit in making this change to the Constitution.

Figure 1a. Base support for constitutional recognition by federal voting preference

%
80 70 60 50 40 30 20 10 0
Australia (1155)

Yes - local government should be officially recognised No - no real benefit in this change Neither / don't know
65.6 58.7

52.8 42.6

51.8

51.0

52.0

49.2

Labor (553)

Liberal (inc CLP) (316)

National Party (38)

Greens (105)

Other/Ind Swinging / (94) don't know / refused (49)

Figure 1b. Base support for recognition by state

%
80 70 60 50 40 30 20 10 0
National NSW 52.8 46.9 42.6

Yes - local government should be recognised No - no real benefit in making this change Neither / don't know
66.9 58.8 46.8 55.9 59.5 47.4 35.4

Vic

Qld

SA

WA

Tas

ACT

NT

Figure 2. Australians satisfaction with democracy and their current system of government
%
100%

16.4%
90% 80% 70% 60%

3.7 12.7

30.3%

6.5 Neither / don't know 23.7 Not at all well

80.8% 67.8%
53.1

Not very well

50% 40% 30% 20% 27.7 10% 0% How well do you think democracy works in Australia today? How well do you think [the current] system of [three main levels of] government works in Australia? 14.6 Very well 53.2 Quite well

Australians dissatisfaction with federalism

Current system of government, with three main levels, does not work well Current system of three main levels works at least quite well but system not delivering legislative diversity, innovation or collaboration System works at least quite well, and delivers at least quite well but basic federal features remain undesirable (legislative diversity, ability to innovate, division of power, ability to elect different parties at different levels) Australians critical of the present federal system, in practice or principle

30%
39%

17%

86%

%
100%

Figure 3. How would you rate the performance of each of the following levels of government?
15.8%
3.5 12.3

42.4%
13.9

39.6%
14.7

90% 80% 81.6% 70% 60%

Don't know
28.5

25.0

Very poor

56.9%
50% 40% 30% 20% 10% 0% 17.2 8.0 48.9 64.4

57.0%

Quite poor

Quite good
45.6

Very good

11.4

Federal level

State level

Local level

Figure 4. Which one level of government do you think does its [particular] job the most [and least] effectively?
%
55

50.1
50 45 40

Most effective

Least effective

35.3
35 30 25 20

32.2

18.1 15.7

19.9 16.8 11.8

15 10 5 0

Federal level

State level

Local level

Don't know

Table 1. Level of government considered least effective at its particular job, by state and territory (2008)
%

NSW 8.9

VIC 14.2

QLD 27.3

SA 23.8

WA 12.9

TAS 8.8

ACT 4.3

NT 17.8

Total 15.4

Federal level State level Local level Dont know Total

41.3

25.4

31.5

27.2

25.7

41.9

16.2

30.1

32.2

30.2

46.0

27.9

33.7

42.5

34.7

57.3

39.7

35.9

19.6 100.0

14.4 100.0

13.3 100.0

15.3 100.0

19.0 100.0

14.6 100.0

22.1 100.0

12.3 100.0

16.5 100.0

Figure 5. The future what levels of government should we have?

%
100% 90%

7.1 30.5 32.7

80% 70% 60% 50% 40% 30% 20% 10% 0% 3.2 Federal level 3.2 State level 55.4 2.2 8.7

13.4 13.2

89.7%

66.2%

64.1%

36.9

32.2%

3.2 Local level

3.2 Regional level

Other / don't know

Keep same number (inc DK)

Create more

Less

Abolish

Table 2. Support for structural reform of federal system by state

%
Keep system the same Reform the system Dont know

Aust NSW 31.0 65.8 3.2 28.7 68.9 2.4 Vic 29.9 68.4 1.7 Qld 33.5 59.6 6.9 SA 28.0 68.3 3.7 WA 37.0 61.8 1.2 Tas 32.2 63.4 4.4 ACT 43.5 51.3 5.2 NT 29.0 66.9 4.1

How reform?
Abolish federal government Abolish state governments

7.1 30.5

7.9 39.8

6.5 26.2

8.1 27.1

4.4 29.4

7.4 22.4

1.0 21.0

4.3 36.4

13.8 10.5

Abolish local government

Create more states Create regional governments

32.7
8.7 32.2

39.4
5.1 32.8

31.5
10.0 37.4

24.8
12.1 27.7

36.8
8.4 30.8

30.2
7.6 28.3

26.6
16.8 37.8

17.4
7.1 20.0

31.8
18.6 21.3

Option 2(b). Institutional recognition plus due process protection for local government
Question: Some people have suggested that other changes could be made to the Constitution concerning local government. [P]lease say if you would be in favour or against making [each] change

Option:
For the Constitution to make it harder to amalgamate local governments or change their boundaries.

Figure 6. Support for recognition that would make it harder to amalgamate or change boundaries of local governments

%
80 70 60 50 40 30 20 10 0
National 52.8 46.0

Base support - yes, local government should be recognised In favour if this particular change?

52.8 46.2 45.9 42.9 37.8 32.2

56.3

33.8

NSW

Vic

Qld

SA

WA

Tas

ACT

NT

10 32.0 17.3 Federal 20.6 State 8.6 Local

20

30

40

50

60

54.8 57.9

In cl us io Sp n/ re ec pr ifi es G c ov po en er lic ta na tio y /f nc n un e Pa qu c r ar al ty Pe ea i t po y rs s /c on lit ic ap al s ac se /s ity lfel in f-i te nt re er st es /c t or ru pt A io c Pl co n an u nt ni Im ng ab pl ili / em ty le In ad en ex er ta pe sh t io ri e ip n nc p ro e /i bl nc em N ot om s en pe ou te gh nc e re so ur ce B ur s ea uc ra cy W as te

Figure 7. Australians main reasons for considering particular levels of government to be the least effective

Option 2(c)! Institutional recognition, plus strengthening the quality and integrity of local democracy
Question:
Some people have suggested that other changes could be made to the Constitution concerning local government. [P]lease say if you would be in favour or against making [each] change Option: For the Constitution to set rules and standards of accountability for local government.

Figure 8. Support for recognition that would set rules and standards of accountability for local government
Base support - yes, local government should be recognised In favour (somewhat, strongly) of this particular change? 81.0 75.9 84.6 82.1 81.8 81.8 91.5 90.1 80.0

%
100 90 80 70 60 50 40 30 20 10 0
National 52.8

NSW

Vic

Qld

SA

WA

Tas

ACT

NT

Option 3. Institutional plus financial recognition (Strengthening the financial position of local government)
Question:
Some people have suggested that other changes could be made to the Constitution concerning local government. [P]lease say if you would be in favour or against making [each] change Option: For the Constitution to guarantee a reasonable level of funding for local government .

Figure 9. Support for recognition that would guarantee a reasonable level of funding for local government
Base support - yes, local government should be recognised In favour (somewhat, strongly) of this particular change? 82.9 87.2 81.2 80.9 86.1 79.2 93.6 83.8 86.2

%
100 90 80 70 60 50 40 30 20 10 0
National 52.8

NSW

Vic

Qld

SA

WA

Tas

ACT

NT

10 32.0 17.3 Federal 20.6 State 8.6 Local

20

30

40

50

60

54.8 57.9

In cl us io Sp n/ re ec pr ifi es G c ov po en er lic ta na tio y /f nc n un e Pa qu c r ar al ty Pe ea i t po y rs s /c on lit ic ap al s ac se /s ity lfel in f-i te nt re er st es /c t or ru pt A io c Pl co n an u nt ni Im ng ab pl ili / em ty le In ad en ex er ta pe sh t io ri e ip n nc p ro e /i bl nc em N ot om s en pe ou te gh nc e re so ur ce B ur s ea uc ra cy W as te

Figure 7. Australians main reasons for considering particular levels of government to be the least effective

We need to fix federalism because it affects most aspects of public policy. In effect, we need two principles of power moving in opposite directions. Power has to be both concentrated and devolved. Think of involving people at local levels along with centralised governance. Paul Kelly
Australia 2020 Summit Report, p.320

What is involved in fixing federalism?

1) A constitutional framework which better allocates the right roles, responsibilities and resources of government to the different levels (national, state, regional, local)

-- Beginnings of some new frameworks under COAG, new Australian Council of Local Government
2) Devolution of capacity and resources to local and regional levels, along with centralisation / harmonisation. 3) Improvements in democratic integrity, accountability, responsiveness, and collaborative capacity at all levels.

How will federal constitutional recognition of local government contribute to these?

Figure 10. Potential support for substantive, reform-driven recognition

(Changes to state there must always be a system of local government, set rules and standards of accountability, and guarantee a reasonable level of funding for local govt)

%
100 90 80 70
25.2

New support gained (strongly in favour of any of these changes) Base support lost (strongly against any of these changes) Base support retained (yes, local government should be recognised) 83.9
78.0

78.5 73.2
31.6 17.0

82.9 75.7
24.1

84.0

80.6 72.9

24.5 19.8 33.2 37.5

2.4 2.9

60 50 40 30
50.0 2.8

26.3

5.4 3.5 1.9 64.5 55.9 43.4 44.9 50.5

59.5 47.4 35.4

20 10 0 National

NSW

Vic

Qld

SA

WA

Tas

ACT

NT

( My personal recommendation:
Aim at a new Chapter of the Constitution, providing, e.g.:
There must be a system of local government in all States and throughout the Commonwealth; Local government shall be directly chosen by the people; The States and Commonwealth may make laws with respect to ensuring the integrity of local government and its accountability to the people; Commonwealth shall ensure that a minimum share of public revenue is provided to local government; Commonwealth may make grants to local government, take over debts; Commonwealth and States shall cooperate with local governments, as well as with each other, in all affairs concerning local government; and shall support regional cooperation between local governments; Local government shall be represented in all federal inter-governmental arrangements.

Option 4. Commonwealth power to make laws

Question: Currently, the roles and responsibilities of local government are set by state governments. Do you think the roles and responsibilities of local government should...? Answers: 1. Continue to be set by state governments 2. Be set by the federal government instead 3. Be put into the Constitution, and not set by either state or federal government

Figure 11. Preferred source of constitutional / legislative power over local government
Roles and responsibilities of local government should

60 50 40 30 20 10 0
44.1

47.8

Continue to be set by state governments Be put into Constitution Be set by federal government Don't know
54.3 40.1 36.4 38.3 29.4 22.3 17.6 14.7 6.9

29.6 18.2 8.1

15.2 8.3

16.5

National

Yes - local govt should be recognised

No - no real benefit

Neither / don't know

Conclusions: knowing the challenge

Many Australians will not easily vote for symbolic recognition alone i.e. they will not generally vote for a thing they perceive as having problems or as failing. But they may well vote for substantive forms of recognition, where these clearly go towards helping reform local government and improve its effectiveness. Most Australians will vote for substantive options for recognition that go towards helping reform local government, and contribute meaningfully to reform of the federal system of government as a whole. Recognition best seen as an important step in the development of our system of government for the future, not simply as fixing a past mistake, or as an end in itself.

The Federalism Project

www.griffith.edu.au/federalism

Good luck !