TOUGH TIMES: It seems the most charitable view of Acting Mayor Wayne Wendt's opinion is that he is grossly ignorant in his portrayal of the situation at Ipswich City Council, says a reader.
TOUGH TIMES: It seems the most charitable view of Acting Mayor Wayne Wendt's opinion is that he is grossly ignorant in his portrayal of the situation at Ipswich City Council, says a reader. Rob Williams

Democracy must be done

ACTING Mayor Wayne Wendt, observed in "Democracy will be lost” (QT 10/05) that "0ne of the great things about Australia is that it is built on a platform of democracy”.

Mr Wendt is correct. Regrettably, every following word demonstrated his ignorance of the concept he introduced.

His central argument is the "removal” of the council would be an affront to our system of democracy.

He is wrong. It would be a demonstration of democracy.

Mr Wendt ignores how these democratic foundation stones were laid. Municipal corporations were a part of our colonial structure of governance prior to federation.

At the time of federation, local government was not enshrined in our constitution. Rather, the Constitution established local councils were to be part of state governments.

This is the point, Mr Wendt.

Ten years after federation, the High Court of Australia endorsed the concept that "municipal corporations are mere instrumentalities of the state for the convenient administration of local government.

Their powers are such as the legislature may confer, and these may be enlarged, abridged or entirely withdrawn at its pleasure”: (Wingadee Shire Council v Willis)

The Federal Court of Australia further observed that, in Queensland, "[a Council] is established by the Local Government Act, and the powers and activities of Council are governed by that Act': (Australian Workers' Union of Employees, Queensland v Etheridge Shire Council).

At this point, Mr Wendt's appeal for public support is exposed.

The very basis upon which he seeks that support, democracy, is entirely against him.

What the law provides for is not the removal of council but the dissolving of the local government and the appointment "of an interim administrator to act in the place of councillors until the fresh election of councillors”.

Mr Wendt's assertion this is an attack on democracy can be broken down as follows:

The Queensland Parliament is a democratically elected institution; the Local Government Act is legislation of the Queensland Parliament; but for the Local Government Act the Ipswich City Council does not exist; anything done by the Ipswich City Council, its very existence, is subject to the Local Government Act; should the Minister, as a member of the Executive Government, act to dissolve the council, he would be doing so under powers conferred on him, by Legislation enacted by the democratically elected government;

It seems the most charitable view of Mr Wendt's opinion is that he is grossly ignorant in his portrayal of the situation.

Is this not further compelling evidence of thelack of understanding of governance that brings us to this deplorable position?

MICHAEL MELLING

Ipswich


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