Full text of the IGA
12 April 2006
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Inter-governmental agreement establishing principles to guide inter-governmental relations on local government matters
The Parties to this Agreement are:
- The Commonwealth of Australia ('the Commonwealth') and
- The State of New South Wales;
- The State of Victoria;
- The State of Queensland;
- The State of Western Australia;
- The State of South Australia;
- The State of Tasmania;
- The Australian Capital Territory;
- The Northern Territory of Australia
- (collectively called the 'States and Territories'); and
- THE Australian Local Government Association.
This Agreement takes effect in respect of a state or territory when signed by the Commonwealth, the Australian Local Government Association and the state or territory.
Whereas -
The Commonwealth, States and Territories and the Australian Local Government Association (representing the interests of local government), acknowledging that local government is established and regulated under state and territory constitutions and legislation, agree there is a need to develop a framework to improve the way the three spheres of government relate to each other in achieving the best possible outcomes for communities, including the establishment of principles guiding the allocation of roles and responsibilities in relation to services and functions between local government and the other spheres of government and how services are funded and delivered to the community at the local level:
It is hereby agreed that:
Part I - Fundamental principles of this Agreement
| 1. | The parties are committed to achieving an open and productive relationship between the three spheres of government. |
| 2. | The parties acknowledge the need for services and functions to be provided to communities in an efficient and effective manner. |
| 3. | The parties agree in principle that where local government is asked or required by the Commonwealth Government or a state or territory government to provide a service or function to the people of Australia, any consequential financial impact is to be considered within the context of the capacity of local government. |
| 4. | The purpose of this Agreement is to:
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| 5. | The achievement of the Agreement's purpose will result in:
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Part II - Existing arrangements
| 6. | This Agreement does not override, or detract from, or add to any legislation or commitments entered into as part of existing arrangements between local government and other spheres of government. |
Part III - Guiding principles for arrangements between the Commonwealth or states or territories and local government
| 7. | Pursuant to the objectives outlined in Clause 5, the following principles in this Part are to be reflected in future arrangements between the three spheres of government for the delivery of services and functions by local government. |
| 8. | Where the Commonwealth or a state or a territory seeks through non-regulatory means, the provision by local government of a service or function they shall:
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| 9. | Where the Commonwealth or a state or a territory and local government propose that a service or function should be jointly provided, they shall:
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| 10. | Where the Commonwealth or a state or territory intends to impose a legislative or regulatory requirement specifically on local government for the provision of a service or function, subject to exceptional circumstances, it shall consult with the relevant peak local government representative body and ensure the financial implications and other impacts for local government are taken into account. |
| 11. | For its part, in order to achieve the objectives of this Agreement, local government commits to sound public governance through:
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Part IV - Framework for further agreements between local government and the other spheres of government
| 12. | An agreement with local government for delivery of services or functions will address the following elements:
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Part V - Review and compliance
| 13. | The Local Government and Planning Ministers' Council, or its successor Ministerial Council, shall review the progress of the implementation of this Agreement and assess compliance by the parties with this Agreement. |
| 14. | Questions of the application of this Agreement are to be considered by the Local Government and Planning Ministers' Council including out of session, if they are unable to be resolved by the parties directly. |
| 15. | This Agreement will be evaluated by the Local Government and Planning Ministers' Council or its successor Ministerial Council, not more than five years after the date of commencement of the Agreement. |
Part VI - Interpretation
| 16. | In this Agreement:
"local governing bodies" means local governing bodies eligible to be allocated funding under the Local Government (Financial Assistance) Act 1995 (Cth). "non-regulatory means" refers to any method whereby the Commonwealth or a State or Territory seeks to have local government provide a service or function, other than by imposing a legislative or regulatory requirement specifically on local government. "peak local government representative body" means the Australian Local Government Association or the associations recognised in the legislation of a State or Territory regulating local government as the peak local government representative body in that jurisdiction. "services and functions" includes the provision of infrastructure, but does not include the provision of information and reporting to meet public governance requirements, an increase in community standards or the consequential impacts on local government of generally applicable legislation or policies. |
Signed by:
- The Honourable James Eric Lloyd MP
- Minister for Local Government of the Commonwealth of Australia
- The Honourable Kerry Arthur Hickey MP
- Minister for Local Government of the State of New South Wales
- The Honourable Candy Celeste Broad MLC
- Minister for Local Government of the State of Victoria
- The Honourable Desley Boyle MP
- Minister for Local Government of the State of Queensland
- The Honourable Jonathan Robert Ford MLC
- Minister for Local Government and Regional Development of the State of Western Australia
- The Honourable Jennifer Mary Rankine MP
- Minister for Local Government of the State of South Australia
- The Honourable Paul Anthony Lennon MHA
- Premier and Minister for Local Government of the State of Tasmania
- Mr Andrew Barr MLA
- Acting Minister for Urban Services of the Australian Capital Territory
- Mr Elliot McAdam MLA
- Minister for Local Government of the Northern Territory of Australia
- Councillor Paul Bell AM
- President of the Australian Local Government Association
12 April 2006