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Inquiry into Constitutional Recognition of Location Government

Submission Date: 15 January 2013

The Law Council of Australia has recognised the changing role of local government and has supported the idea of an amendment to the Australian Constitution to include the recognition in the Constitution of local government and also clarify the power of the Commonwealth Government to grant monies to local government.

The Select Committee’s Terms of Reference is as follows:

  1. a Joint Select Committee on Constitutional Recognition of Local Government be appointed to inquire into and report on the majority finding (financial recognition) of the Expert Panel on Constitutional Recognition of Local Government including by amending section 96 of the Constitution, and in conducting its inquiry, the Committee will assess the likelihood of success of a referendum on financial recognition, and will take into account the following matters:
    1. the report of the Expert Panel on constitutional recognition of Local Government, including preconditions set by the Expert Panel for the holding of a referendum;
    2. the level of State and Territory support;
    3. the potential consequences for Local Government, States and Territories of such an amendment; and
    4. any other matters that the Committee considers may be relevant to a decision on whether to conduct a referendum, and the timing of any referendum.

In its submission of 4 November 2011, the Law Council noted its concern if the issues of local government recognition was dealt with at the same time as Constitutional recognition for Aboriginal peoples and Torres Strait Islanders. It is the position of the Law Council that these issues should be addressed separately.

Since the preparation of its initial submission the Law Council has supported the position that a greater priority for any Constitutional amendment is the recognition in the Australian Constitution of Indigenous Australians. Although it may be outside the scope of this Committee’s recommendations, the Law Council believes that it is far more important to build a consensus for this Constitutional change, than for any amendment that will deal with local government.

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Last Updated on 17/04/2025

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