History of WA Local Government
Local Government is the sphere of government closest to the people. In the Councillor's Handbook (1969) published by the Local Government Association of WA, Local Government is defined as "that part of the government of a nation or State which deals mainly with such matters as concern the inhabitants of a particular district or place, and which it is thought desirable should be administered by local authorities, subordinate to the central government".
Settlers from Britain had brought with them a taste for self-government, however, with few settlers, a strange (if not hostile) country, a shortage of labour and an impoverished colony with horizons which stretched far beyond their experience or imagination, this presented a daunting task.
After the first nine years of the colony's life under the control of the Colonial Secretary's Office, in 1838 came the first attempt at Local Government in the form of a Towns Improvement Act which authorised the setting up of town trusts and country trusts. This Act would have done justice to a State with a population of a million but in the infant colony with a population of 2000 - in the country areas particularly - nearly every able-bodied man would have been needed to make it work.
A Blue Book produced in the colony in 1838 said: "At the present time it can scarcely be said that any roads exist, although certain lines of communication have been improved by clearing them of timber, by bridging the streams and by establishing ferries in two places on the broader parts of the Swan River."
Settlers near York, who had begun to produce wheat and wool and were exporting sandalwood to Singapore, had been complaining about the poor condition of the roads, particularly the tracks over the Darling Range which were in constant need of repair.
The Perth Town Trust was created in 1838 and three others followed in the years to 1841. The town trusts were moderately successful, however little was collected from the tolls which were to form the revenue base of the trusts. Nobody wanted to pay rates. A general division of the House took place at a Perth Trust meeting in August 1838 when the amount of the rate proposed to raise £1,000 was announced. Perth Town Hall
Clearly, in 1838, the primary focus, and it remains so today, was on the provision of communication (roads). In April 1839, an Act was passed "to provide some mode by which funds applicable to that purpose (roads) in each town may be raised by a general contribution from the inhabitants thereof."
At a Perth Town Trust meeting in June 1839, it was proposed that £300 be raised for making footpaths. Perth struck its first rate - 10 shillings per allotment to be paid in two half-yearly installments. Predictably, the rates were hard to collect - the colony was still poverty stricken and, at the first general meeting of the Perth Town Trust in 1842, the Chairman said: "I have found on inquiry at the Western Australian Bank that there is a balance in favour of the Trust of £22/4/6." It was not the kind of money with which the Trust could embark on the building of great highways.
The 1838 Act had produced no result at all in country areas outside townsites so an Act was passed in 1841 to set up a General Roads Trust. This was to be responsible for rural roads, bridges and ferries throughout the colony. The Trust had power to create district committees and, in 1843, it appointed such committees for Swan, York, Pinjarra, Canning, Albany, Leschenault and Vasse. Revenue was to come from tolls, loans, fees, Government assistance and from voluntary labour and gifts of money. No provision was made for levying rates - and it was unlikely that, in the pioneering days of the 1840s, anyone would feel like knocking off work to make roads.
With the colony's population of only 4,000, it was not surprising that the new Trust also did not work well and, after six years, it was dissolved in 1847, with its functions handed over to a Central Board of Works. The Board had the power to divide the colony into eight districts, each administered by a local Board. But the Central Board of Works was no more effective than its predecessors and was dissolved in 1849. Its roadmaking and maintenance functions were again assumed by the Governor. From 1849 until 1871, the Governor and his officers were responsible for roadworks and communications throughout the State.
From arrival of the first convicts in 1850 until 1869, the colony could boast 1,100 miles of road (some of it merely formed earth), 47 important bridges and 79 lesser ones. Apart from helping trade, particularly exports, this particularly brought smiles to the dour men of York, and improved roads had a marked effect on social life. The settlers developed a taste for race meetings, which is still a focus of country life, and a community spirit began to form in country towns, and agricultural societies were founded. With new-found prosperity, the pioneers became more vocal and began to exert pressure on the legislators in Perth - pressure which, in 1868, led to the Governor appointing district committees to report on rural roads. The Town Trust legislation was revised and consolidated in 1850.
In 1856, Perth became a city and then, under an Act of October 1858, its title was changed from the Perth Town Trust to the Perth City Council, comprising seven Councillors who elected a Chairman.
This 1858 Act was a landmark in the development of Local Government in Western Australia. Its most important provision was the raising of loans on rates rather than tolls. But the Council was still in no position to change the face of the city. Its total indebtedness was never to exceed £1,000. It did, however, benefit from the use of convict labour and received contributions of up to £300 from the Government.
The Town Trusts had lasted for 33 years. They had possessed only limited powers but they failed mainly because of inadequate and unstable finance. By 1871 there were seven Town Trusts - Perth, Fremantle, Albany, Bunbury, Busselton, Geraldton and Guildford. In that year, when the population was still only 25,000, legislation was passed which laid the foundations of the present structure of Local Government in Western Australia. The key Acts were the Municipalities Act and the Road Districts Act.
The Municipalities Act of 1871 repealed the 1850 Act, which revised and consolidated the Town Trust legislation. The Governor-in-Council was empowered to declare any town to be a municipality and was authorised to define municipal boundaries and ward limits. A unique feature of the Act was the popular election of a paid Local Government official, the Treasurer.
The most striking feature of the 1871 Act was the increase in functions and powers given to the municipalities. Apart from those listed in the 1850 Act, municipalities took over some of the responsibilities previously handled by Justices of the Peace, clerks of the magistrates and various central bodies. These included the licensing and regulating of slaughterhouses, markets, carts and carriages, straying and grazing of livestock in towns, and dogs. Yes. Dogs were obviously a problem as far back as 1871! Councils could draft by-laws to carry out these functions; they could condemn food unfit for human consumption, plant and preserve trees and shrubs and regulate weights and measures. Councils were also given the power to establish and man public libraries, museums, botanical gardens and places of public recreation - although the Governor's approval was still necessary for the spending of municipal funds on these establishments.
Here was the breakaway from the Town Trusts - from agencies responsible only for the maintenance of roads and bridges - to the status of authorities responsible for services touching the daily lives of people in country towns. In 1871 Local Government had come of age. Also, for the first time in Local Government legislation, the Act laid down the procedure for arriving at the amount needed to be raised by rate assessments. The rating basis was defined as the annual valuation or, in the case of unoccupied or waste land, as one-tenth of its "full fair value".
Fremantle, Guildford, Bunbury and Busselton, Albany and Geraldton were proclaimed as municipalities. York was proclaimed a municipality two months later.
The second key piece of legislation in 1871 was the Road Districts Act, which replaced the Crown as the authority responsible for communications in the country by locally-elected Road Boards. The first 18 were those of Mines (based on Northampton), Geraldton, Greenough, Irwin, Victoria Plains, Swan, Perth, Toodyay, Northam, York, Canning, Fremantle, Murray, Beverley, Wellington, Sussex, Plantagenet and Nicol Bay. In December 1871, three more - Williams, Kojonup and Blackwood - were added.
Road Board powers, as distinct from those granted to municipalities, were restricted to the construction and repair of roads, bridges and drainage works. The Road Districts Act gave substantial measure of authority for local works to residents, but the Government maintained close supervision of works on major roads; it checked Local Government decisions and still held the power of the purse.
The Road Boards did not rate to any great degree before the turn of the century. In 1886 the rates collected by Road Boards totalled only £260.
In 1891 the State achieved responsible government and gold was found at Southern Cross, Coolgardie and Kalgoorlie. The State's population was 49,000 in 1891; by 1896 it had jumped to 137,000. At December 2002 WA's population was estimated at 1.95 million.
Many of the new settlers brought with them a sound knowledge of Local Government, and immediately agitated for their own municipalities. There was an upsurge to 47 at the height of the gold rush; today there are 142 Local Governments in Western Australia.
By 1902 ratings had increased and Road Board collections for that year totalled £8,700 (Government grants were £66,630). Municipalities collected in rates £94,894 (Government grants were £81,435). Rates revenue raised by WA Local Governments in 2001/2002 amounted to around $722 million, while the 2003/04 Commonwealth general purpose grants amounted to $174.17 million.
Local Government is big business. Total Local Government Income in 2001/2002 amounted to $1,621.37 million. Local Government employees number around 12,276.
Women were permitted membership on Road Boards from 1911 and Municipal Corporations from 1919. In 1981 there were 1,396 Council Elected Members, 108 (or 8%) of them women. In 2001, the number of Council Elected Members remains unchanged, however the number of women had increased to 308 (or 22%) of Elected Council Members in this State.
At the time of the 2003 Local Government Elections, a number of Councils reviewed the number of Elected Members representing their electorate, resulting in a reduction of Elected Member positions in Western Australia to 1382.
Prior to the 2003 Local Government Elections, an extensive campaign was undertaken encouraging more women to nominate for Elected Member positions. As a result, the number of female Councillors in Western Australia in 2004 increased to 354 (or 25.62%).
With women taking a more active role in Local Government, recent years have also seen an increase in female Mayors and Presidents, there being 28 women holding such positions in 2004 (or 19.7%).
The brief legislative record is that the Road Districts Act of 1871 (amended several times between 1888 and 1892) was consolidated in the Road Districts Act of 1905; the Municipalities Act of 1871 was repealed in 1906 by the Municipal Corporations Act, which continued in force until July 1961, and was repealed by the Local Government Act of 1960; the 1919 Road Districts Act repealed the 1905 Road Districts Act and its successor, the Roads Act 1911, and was in turn repealed by the Local Government Act of 1960 - the largest Act of the Western Australian Parliament at that time. Amendments were introduced from year to year to keep the Act in line with modern requirements and the 1960 Act continued in force until promulgation of the Local Government Act 1995.
Development of the Local Government Act 1995 was in full consultation between the Department of Local Government, the Western Australian Municipal Association and all Local Governments in Western Australia.
This Act was written in contemporary style, which is more easily understandable. It brought with it greater autonomy for Councils but, at the same time, accountability was highlighted in many areas. For example, Ministerial approval for a number of local issues was changed to allow Local Governments to make decisions at a local level in consultation, in many instances, with their communities. The previous Act only allowed Local Governments to do that specified within the Act.
The new legislation provides general competence powers to Local Governments, allowing them to undertake functions that previously would not have been permitted without Ministerial and other approvals. The Local Government Act 1995, nevertheless, is designed to ensure that, when Local Governments embark upon new projects, they are thoroughly investigated and, where appropriate, community consultation is required.
Since promulgation of the Local Government Act 1995 a number of amendments have been made, together with several regulations to support provisions of the Act. The Department of Local Government and Regional Development following extensive consultation has proposed a significant number of amendments to the Local Government Act, which has now been incorporated into an Amendment Bill introduced into Parliament in December 2003. These amendments have been complemented by a series of changes to the associated Regulations which are likely to be finalised by June 2004.
In contemporary society there will always be a need to provide for changed circumstances and needs. The Department of Local Government will need to be responsive to these needs in the future.
Milestones along the way since the inception of Local Government in Western Australia have been many. For instance, in 1883 the position of Chairman of a Municipality was raised to that of Mayor. The City of Perth had the dignity of a Lord Mayoralty conferred upon it in 1929, the centenary year of the first settlement in the colony.
The Health Act was passed in 1886, setting up a Central Board of Health and incorporating local boards of health maintained by health rates levied by the Municipal Councils. In 1892 these Councils were declared the local boards of health. In 1911 the consolidated Public Health Act was gazetted, substituting Commission control for Central Board control and making Road Boards - with the approval of the Commissioner - the relevant local board of health for their area. Municipal Councils became the health authorities for their respective districts.
With the advent of motor vehicles early in the 20th Century, licensing was the function of Municipal Councils and Road Boards. This necessitated a model by-law specifying licence fees; this was applied as a uniform by-law to Road Boards and was available for adoption by Municipalities. Uniform by-laws were also promulgated for traffic control - but generally Councils could make their own by-laws.
When the Traffic Act was passed in 1919, local authorities in the country continued to license vehicles and control traffic. In the metropolitan area, the Act passed the licensing of vehicles to the Minister for Works (at that time in charge of Local Government) and the control of traffic to the Commissioner of Police. A 1925 amendment made the Commissioner the licensing authority as well.
The fees collected by the local authorities remained their own. In the metropolitan area, the fees collected by the Minister were divided among the local authorities according to a formula determined by the Minister - based on the percentage of population and length of roads in each district.
A further amendment to the Traffic Act in 1974 created the Road Traffic Authority. This new division of the police force was set up to progressively take over the role of traffic law enforcement and the licensing of vehicles throughout the State. This was largely achieved within two years, although some country Councils continue to license vehicles as the agents of the Road Traffic Authority.
July 1904 Despite the centralization of licensing, Western Australia continues to allow the issue of distinctive number plates which indicate, by alphabetic prefix or suffix, the Council area where the vehicle owner lives.
Towards the end of the 1800s local bodies saw the virtues in pulling together and an outstanding development was the Municipal Association, which began to take shape as early as 1894 and in which the City of Perth took the lead. It was to represent all Western Australian Municipalities and, clearly, was formed to put pressure on the Government. At first, its name was to be the Municipal Defence Association.
The Road Board Association was formed in 1898. Its founding fathers received something of a shock when, at its inaugural conference, Sir John Forrest said: "I do not know any place in Australia where the country settlers are so little taxed locally as in this colony." Tactfully, the conference asked Sir John to be its first President.
Since 1947, Local Government Associations in WA have been affiliated with the Australian Council of Local Government Associations (now the Australian Local Government Association), which looks after local Government interests at a national level. In 1949 the Local Government Department was formed in WA to guide and help Councils and to audit their accounts.
Councils today have much wider powers and responsibilities. A major role is still in the provision and maintenance of streets, footpaths, drainage and rubbish removal. They look after street lighting, sweeping and signposting, the numbering of houses and other buildings. But their responsibilities have ballooned to include intricate town plans, major recreation centres, libraries, crèches, pre-school centres, food inspection services, immunization clinics and nursing services. They are responsible for the control of bushfires, dogs, parking, cemeteries and aerodromes. They may subsidise a doctor, dentist or veterinary surgeon or - with the consent of their electors - guarantee an income for these people.
They may establish public transport services, quarries, school hostels, abattoirs, saleyards, aquatic centers and markets. They may provide civic centers, cultural and educational centres, sports facilities, youth clubs, children's playgrounds and engage in tourist promotion.
Acknowledgement:
Much of the information provided above was sourced from "The Role and Origins of Local Government" published by the Department of Local Government, Perth, 1981