Local Government Duty

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http://www.Amendment40Action.org City of Swan has neglected its legal duty to provide good government that involves the community in decision making and advances community wellbeing. This failure to exercise its duty of care will result in the suffering of a wide range of damages by the people of Swan and is clear grounds for legal action against the City. Amendment 40 Survey Report http://files.meetup.com/1949351/Report%20to%20M inister.pdf Amendment 40 Impact and Risk Assessment: http://files.meetup.com/1949351/RISK%20ASS ESSMENT%20FINAL%20VERSION.pdf

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Presentation Transcript

Is Local Government Doing Its Job?: 

Is Local Government Doing Its Job? Spotlight on City of Swan By Amendment 40 Action Group

Local Government Has a Legal Duty: 

Local Government Has a Legal Duty “The general function of a local government is to provide for the good government of persons in its district.” Local Government Act 1995 for Western Australia, Division 3.1

Good Governance includes…: 

Good Governance includes… “Effective information exchange between a Council and its community, proper consultation , engagement and participation in Council decision making processes are all critical to good governance.” SA Local Government Association

City of Swan’s Score? 3.2%: 

City of Swan’s Score? 3.2% Because 96.8% of people did not know about by-laws relating to commercial vehicle parking on private property until AFTER Swan’s formal community consultation. Because it ignored nearly all submissions from its own limited consultation process. Amendment 40 Community Survey & Consultation

Slide 5: 

Good government “is… responsive to the present and future needs of society” What is Good Governance? , United Nations 24.12.06

City of Swan’s Performance?: 

City of Swan’s Performance? 12.8% All but 5 of the 39 public submissions were ignored in drafting the final A40 .

Slide 7: 

Good government means all … “have opportunities to improve or maintain their well being .” What is Good Governance? , United Nations 24.12.06

City of Swan’s Score: FAIL!: 

City of Swan’s Score: FAIL! Here’s how the City assessed the IMPACT of A40 on the community >>>> How can you measure that just from aerial photos?

What Will Be the Real Impact of A40 on People’s Wellbeing?: 

What Will Be the Real Impact of A40 on People’s Wellbeing? A40 Limits the number of any vehicles bigger than a Transit Van (4.5T GVM) that can be kept on private property. On less than 750m2 – NONE permitted On 5 acres - Only ONE permitted. Rule applies whether vehicle is going or not, licensed or not, used commercially or not.

What this will do….: 

What this will do…. Force most small operators to downsize, move or go broke. Reduce supply of essential services e.g. fire, water, earthmoving, construction, transport, buses, agricultural. Create unemployment. Cause hardship, divorce, bankruptcy, suicide, mental illness, accidents, stress-related disease, community disharmony, grave fire risk …..etc. Amendment 40 Report & Amendment 40 Impact and Risk Assessment

Slide 11: 

Does that sound like Good Government to YOU ?

Slide 12: 

Or is it more like a NEGLIGENT BREACH OF DUTY that will inflict DAMAGE on the people of Swan?

Slide 13: 

“The essence of prosperity is property rights. Without strong and secure property rights people can not become prosperous. Without good property rights people can not be free. Property rights are part of human rights .” Neville Kennard Institute of Public Affairs

Slide 14: 

When your children’s children ask you… what you did today to protect their rights tomorrow… what will YOU say?