Ian Macdonald (Queensland, Liberal Party) Share this | Link to this | Hansard source

My question is to Senator Johnston in his capacity representing the Minister for Local Government, Territories and Roads. Is the minister aware if any Queensland local councils that are set to be wiped out by the actions of the state Labor government have taken any action to conduct a plebiscite or referendum with their local constituents? Could the minister indicate what the Australian government is doing to assist the people of Queensland in exercising their democratic right to be heard?

David Johnston (WA, Liberal Party, Minister for Justice and Customs) Share this | Link to this | Hansard source

I thank the senator for his commitment to the people of Queensland. After reading the legislation in Queensland, they are going to need the commitment of Queensland coalition senators. I want to talk about the legislation that has been enacted in Queensland. Each local government that is being constrained and restructured has to do a number of things pursuant to the act. I draw your attention to section 159YR of the act, which says:

Each merging local government whose local government area will, on the changeover day for a new local government area ... partly or completely, be abolished to form part of the new local government area must take all necessary action to establish—

and this is the important part—

a local transition committee for the new local government area as required by this division.

The important thing is the composition of that committee. Subsection (2) says that the transition committee must be made up of, firstly:

...  representatives of each merging local government, consisting of 2 councillors of the local government—

and, secondly—and this is the important thing:

... up to 3 union representatives, as agreed by the relevant unions, with each representative being nominated by a relevant union ...

How is ‘relevant union’ defined? Let me tell you. Subsection (5) says:

... relevant union means—

(a) the Australian Services Union; or

(b) the Australian Workers’ Union Queensland; or

(c) the Queensland Council of Unions.

Now we know why these regional councils are so frightened. They are going to be taken over by the union movement of Queensland. We also know why Mr Rudd is so timid and why Mr Ludwig is so bold in the Australian this morning. He has the job of controlling local government. His conflict of interest is only rivalled in this place by the sections of this act, and one senator has a huge conflict. Section 159YT of the act says:

The members of a local transition committee must act in the public interest ...

But then listen to this:

If, for a member of a local transition committee, a conflict arises between the public interest mentioned in subsection (1) and the member’s private interest—

that is, the private interests of three unionists—

the member must act in a way that gives preference to the public interest.

This is a blank cheque to the union movement to take over regional councils in Queensland. This is the most outrageous piece of legislation. Have a look at the opposition. They have said nothing, they have done nothing and they know what the act says. This is a takeover by unions in Queensland of local councils in regional Queensland.

Chris Evans (WA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

What rubbish!

David Johnston (WA, Liberal Party, Minister for Justice and Customs) Share this | Link to this | Hansard source

I have quoted the act. ‘What rubbish!’ says the leader. That is why in Warroo shire they have had a plebiscite and it has been 100 per cent ‘No’. There was nothing written on ballot papers, no informal votes—700 voters and over half of them have returned postal votes with ‘No’ because they knew that the union movement was going to take over their council. There will be three unionists on the transitional committee to tell a council what to do. It is absolutely the most outrageous and disgraceful piece of legislation that I or anybody in a generation in this country has ever seen. And the opposition sit quietly, rubbing their hands together, because they know that this is a union takeover. (Time expired)

Ian Macdonald (Queensland, Liberal Party) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. I draw the minister’s attention to the second part of my question, which asked if the Australian government was doing anything to assist the people of Queensland to exercise their democratic right to be heard.

David Johnston (WA, Liberal Party, Minister for Justice and Customs) Share this | Link to this | Hansard source

I thank the learned senator. The Australian government is going to stand beside each elector in each council and  provide for a plebiscite so the people of those shires will have a say, notwithstanding that the one-house parliament in Queensland has made it illegal to conduct a vote. All I hear from the other side is silence. This is an outrageous attack upon democracy and they know it. They have said and done nothing. Their party is complicit in an attack on democracy at a local government level. These are volunteers who are being chopped off at the knees by the Labor Party.