The Federalism Project

www.griffith.edu.au/federalism

Knowing the Challenge:Voter Attitudes to Federal Constitutional Recognition of Local Government in 2008

Dr A J BrownThe Federalism Project

Griffith Law School

Local Government Constitutional SummitMelbourne, 9-11 December 2008

‘We need to fix federalism because it affects most aspects of public policy. In effect, we need two principles of power moving in opposite directions. Power has to be both concentrated and devolved.Think of involving people at local levels along with centralised governance.’

Paul KellyAustralia 2020 Summit Report, p.320

1) A constitutional framework which better allocates the right roles, responsibilities and resources of government to the different levels (national, state, regional, local)

-- Beginnings of some new frameworks under COAG, new Australian Council of Local Government

2) Devolution of capacity and resources to local and regional levels, along with centralisation / harmonisation.

3) Improvements in democratic integrity, accountability, responsiveness, and collaborative capacity at all levels.

What is involved in ‘fixing’ federalism?What is involved in ‘fixing’ federalism?

How will federal constitutional recognition of How will federal constitutional recognition of local government contribute to these?local government contribute to these?

The Federalism Project

Federal, state and local government ‘own purpose’ outlays as a share of total public outlays (2000-01)

51.5

65.2

55.4

4.5

15.9

26.2

17.714.6

6.4

39.2

22.3

42.1

20.2

28.6

14.7

54.4

40.2

80.9

0

10

20

30

40

50

60

70

80

Australia USA Canada Germany Brazil Malaysia

% o

f to

tal

pu

bli

c o

utl

ays

Local government

State/provincial government

Federal government

Source: International Monetary Fund Government Finance Statistics Yearbook (2002).

• Conducted nationally by telephone over 1-8 May 2008

• 1,201 respondents aged 18 years and over (n=1201)

• 1,155 respondents eligible to vote (n=1155)

• Stratified random sample

• Results post-weighted to Australian Bureau of Statistics dataon age, highest level of schooling, sex, area; and Newspoll data on federal voting intention for eligible voters.

• Funded by the Australian Research Council DP0666833

• Griffith University, with Charles Sturt University, University of New England and the University of Melbourne.

First Australian Constitutional Values Survey

Current system of government, with three main levels, does not work well 30%

Current system of three main levels worksat least quite well – but system not delivering 39% legislative diversity, innovation or collaboration

System works at least quite well, and delivers atleast quite well – but basic federal features remain undesirable (legislative diversity, ability to innovate, 17%division of power, ability to elect different parties at different levels)

Australians critical of the present federal system, 86%in practice or principle

Do Australians recognise the state of the federal system as a ‘problem’?

36.9

8.7

13.2

13.4

30.5 32.7

3.23.23.2 3.2

55.4

89.7%

32.2%

2.2

7.1

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Federal level State level Local level Regional level

Other / don't know Keep same number (inc DK) Create more Less Abolish

%

66.2% 64.1%

The future – what levels of government should we have?

% AustNSW Vic Qld SA WA Tas ACT NT

Keep system the same

31.0 28.7 29.9 33.5 28.0 37.0 32.2 43.5 29.0

Reform the system

65.8 68.9 68.4 59.6 68.3 61.8 63.4 51.3 66.9

Don’t know 3.2 2.4 1.7 6.9 3.7 1.2 4.4 5.2 4.1

How reform?

Abolish federal government

7.1 7.9 6.5 8.1 4.4 7.4 1.0 4.3 13.8

Abolish state governments

30.5 39.8 26.2 27.1 29.4 22.4 21.0 36.4 10.5

Abolish local government

32.7 39.4 31.5 24.8 36.8 30.2 26.6 17.4 31.8

Create more states

8.7 5.1 10.0 12.1 8.4 7.6 16.8 7.1 18.6

Create regional governments

32.2 32.8 37.4 27.7 30.8 28.3 37.8 20.0 21.3

Support for structural reform of federal system – by state

17.28.0

64.4

45.6

12.3

25.0

3.513.9

14.7

11.4

48.9

28.5

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Federal level State level Local level

Don't know

Very poor

Quite poor

Quite good

Very good

%

81.6%

15.8%

56.9%

42.4%

57.0%

39.6%

How would you rate the performance of each of the following levels of government?

50.1

18.1

11.8

15.7

35.3

16.819.9

32.2

0

5

10

15

20

25

30

35

40

45

50

55

Federal level State level Local level Don't know

Most effective Least effective

%

Which level of government do you think does its [particular] job the most [and least] effectively?

Level of government considered least effectiveat its particular job – by state

%NSW VIC QLD SA WA TAS ACT NT Total

Federal level

8.9 14.2 27.3 23.8 12.9 8.8 4.3 17.8 15.4

State level

41.3 25.4 31.5 27.2 25.7 41.9 16.2 30.1 32.2

Local level

30.2 46.0 27.9 33.7 42.5 34.7 57.3 39.7 35.9

Don’t know 19.6 14.4 13.3 15.3 19.0 14.6 22.1 12.3 16.5

Total 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0

3.15.0

6.8

1.6

8.4

8.5

8.1

4.0

5.6

5.3

31.0

12.0

0

5

10

15

20

25

30

35

40

45

50

Four levels Three levels Two levels One level Other / don'tknow

4 levels - federal, state, regional, local3 levels - federal, state & local (no change)3 levels - federal, state & local (change)3 levels - federal, state & regional3 levels - federal, regional & local3 levels - other (no federal)2 levels - federal & state2 levels - federal & regional

2 levels - federal & local2 levels - other (no federal)1 level - federal1 level - other (no federal)OtherDon't know

12.0% 11.8%

26.6%

46.3%

3.2%

%

Australians’ preferred federal system – number of levels

Option 1. Purely symbolic recognitionOption 1. Purely symbolic recognitionOption 2(a). Pure institutional recognitionOption 2(a). Pure institutional recognition (no direct change to status quo) (no direct change to status quo)

Question:

“At the moment, the [Australian] Constitution does notactually mention or officially recognise that local government exists in Australia. Which one of the following comes closest to your view?”

Answers:

‘The existence of local government should be officially recognised in the Constitution’

OR

‘There is no real benefit in making this change to the Constitution.’

Figure 1a. Base support for constitutional recognition –by federal voting preference

58.7

65.6

52.049.2

52.8 51.051.8

42.6

0

10

20

30

40

50

60

70

80

Australia(1155)

Labor (553)

Liberal (inc CLP)

(316)

NationalParty (38)

Greens (105)

Other/Ind(94)

Swinging /don't know

/ refused(49)

Yes - local government should be officially recognisedNo - no real benefit in this changeNeither / don't know

%

Figure 1b. Base support for recognition – by state

66.9

58.855.9

59.5

52.8

35.4

47.446.846.942.6

0

10

20

30

40

50

60

70

80

National NSW Vic Qld SA WA Tas ACT NT

Yes - local government should be recognised

No - no real benefit in making this changeNeither / don't know

%

Option 2(b). Institutional recognition plusOption 2(b). Institutional recognition plus‘due process’ protection for local government‘due process’ protection for local government

Question:

“Some people have suggested that other changes could be made to the Constitution concerning local government. … [P]lease say if you would be in favour or against making this change…”

Option:

“For the Constitution to make it harderto amalgamate local governments or changetheir boundaries.”

Figure 2a. Support for recognition that would make it harder to amalgamate or change boundaries of local governments

46.2 45.9

52.8

42.937.8

32.2

56.3

33.8

52.8

46.0

0

10

20

30

40

50

60

70

80

National NSW Vic Qld SA WA Tas ACT NT

Base support - yes, local government should be recognised

In favour if this particular change?

%

Option 2(c)! Institutional recognition, plus Option 2(c)! Institutional recognition, plus strengthening the quality and integrity of local strengthening the quality and integrity of local democracydemocracy

Question:

“Some people have suggested that other changes could be made to the Constitution concerning local government. … [P]lease say if you would be in favour or against making this change…”

Option:

“For the Constitution to set rules and standardsof accountability for local government.”

Figure 2c. Support for recognition that would set rules and standards of accountability for local government

75.9

84.6 82.1 81.8 81.8 80.0

52.8

81.091.5 90.1

0

10

20

30

40

50

60

70

80

90

100

National NSW Vic Qld SA WA Tas ACT NT

Base support - yes, local government should be recognised

In favour (somewhat, strongly) of this particular change?

%

Option 3. Institutional plus financial recognition Option 3. Institutional plus financial recognition (Strengthening the financial position of(Strengthening the financial position oflocal government)local government)

Question:

“Some people have suggested that other changes could be made to the Constitution concerning local government. … [P]lease say if you would be in favour or against making [each] change…”

Option:

“For the Constitution to guarantee a reasonable level of funding for local government .”

Figure 3. Support for recognition that would guarantee a reasonable level of funding for local government

81.2 80.987.2 86.1

79.283.8 86.2

52.8

93.682.9

0

10

20

30

40

50

60

70

80

90

100

National NSW Vic Qld SA WA Tas ACT NT

Base support - yes, local government should be recognised

In favour (somewhat, strongly) of this particular change?

%

Figure 2b. Australians’ main reasons for considering particular levels of government to be the least effective

32.0

54.8

8.6

20.617.3

57.9

0

10

20

30

40

50

60

Inclu

sion/ r

epre

senta

tion

Specific

polic

y / f

unc ar

eas

Gove

rnan

ce q

uality

/ cap

acity

Party

polit

ics

/ sel

f-inte

rest

Perso

nal s

elf-i

ntere

st/c

orruptio

n

Accounta

bility

Plannin

g / le

ader

ship

Imple

men

tatio

n pro

blem

s

Inexp

erience

/ in

com

peten

ce

Not enough re

sourc

es

Bureau

crac

y

Wast

e

Federal State Local%

Figure 3c. Potential support for substantive, reform-driven recognition

(Changes to state there must always be a system of local government, set rules and standards of accountability, and guarantee a reasonable level of funding for local govt)

43.4 44.9

64.555.9

50.559.5

47.4

35.4

3.5 1.9

2.4

2.95.4

25.226.3

31.6

17.024.1

19.8

24.5

33.2

37.5

50.0

2.8

0

10

20

30

40

50

60

70

80

90

100

National NSW Vic Qld SA WA Tas ACT NT

New support gained (strongly in favour of any of these changes)

Base support lost (strongly against any of these changes)

Base support retained (yes, local government should be recognised)

%

78.084.0

75.7

82.983.978.5

73.2 72.9

80.6

Option 4. Commonwealth power to make lawsOption 4. Commonwealth power to make laws

Question:

“Currently, the roles and responsibilities of local government are set by state governments. Do you think the roles and responsibilities of local government should...?”

Answers:

1. ‘Continue to be set by state governments’

2. ‘Be set by the federal government instead’

3. ‘Be put into the Constitution, and not set by either state or federal government’

Figure 4. Preferred source of constitutional / legislative powerover local government

Roles and responsibilities of local government should …

38.3

16.5

22.3

14.7

8.1 8.3 6.9

17.6

44.1

54.3

36.440.1

29.429.6

18.215.2

0

10

20

30

40

50

60

National Yes - local govtshould be

recognised

No - no real benefit Neither / don't know

Continue to be set by state governmentsBe put into ConstitutionBe set by federal governmentDon't know

%

47.8

Finally… how do you want recognition to look?Finally… how do you want recognition to look?Where do you want it to go?Where do you want it to go?

Main ideas so far:Main ideas so far:

1) Purely symbolic recognition

Include reference in new Preamble.

2) Stand-alone institutional recognition

Insert local government in Chapter V – The States

[NB: little more than symbolic, and already tried and rejected in 1988]

3) Stand-alone financial recognition

Insert ‘and local government’ here and there in Chapter IV – Finance & Trade

[NB: already tried and rejected in 1974].

The Constitution

Chapter I – The Parliament

Chapter II – The Executive Government

Chapter III – The Judicature

Chapter IV – Finance and Trade

Chapter V – The States

Chapter VI – New States

Chapter VII – Miscellaneous

Chapter VIII – Alteration of the Constitution

The Constitution

Preamble

Chapter I – The Parliament

Chapter II – The Executive Government

Chapter III – The Judicature

Chapter IV – Finance and Trade

Chapter V – The States

Chapter VI – New States

Chapter VII – Local Government

Chapter VIII – Miscellaneous

Chapter IX – Alteration of the Constitution

Many Australians will not easily vote for symbolic recognition alone – i.e. they will not generally vote ‘for’ a thing they perceive as having problems or as failing.

But they may vote for substantive forms of recognition,where these clearly go towards helping reform localgovernment and improve its effectiveness.

Most Australians will vote for substantive options for recognition that go towards helping reform localgovernment, and contribute meaningfully to reform ofthe federal system of government as a whole.

Recognition best seen as an important step in the development of our system of government for the future, not simply as fixing a past mistake, or as an end in itself.

Conclusions: knowing the challenge…Conclusions: knowing the challenge…

Good luck !Good luck !

The Federalism Project

www.griffith.edu.au/federalism