State IntegrityReceipts, not verdicts

World · Australia · Local power worldwide

Who runs local government in Australia?

Australia's local councils are created by state and territory laws, not by the federal Constitution, so the rules differ in each state. About 537 elected councils (shires, cities, towns and regional councils) run local roads, planning, waste and community services, but a state minister can sack a council and appoint an administrator. Aboriginal and Torres Strait Islander land rights and native title add a separate layer of authority over large areas of land.

Commonwealth of Australia · Federal parliamentary constitutional monarchy · Oceania

The levels of government below the nation

LevelHow it is chosenWhat it does
States (6) and self-governing territories (2)Elected parliaments; premier or chief minister from the majorityCreate, merge and supervise local councils through their own Local Government Acts.
Local governments (about 537: cities, shires, towns, regional and Aboriginal shire councils)Councillors elected (methods vary by state; voting compulsory in some states); mayors directly elected in some places and chosen by councillors in othersLocal roads, planning approvals, waste, libraries, parks, rates (property tax).
No local tier in the Australian Capital TerritoryTerritory governmentACT government does what councils do elsewhere.

Three questions about local power in Australia

Are local leaders elected?

Councillors are elected everywhere councils exist; some mayors are directly elected and others chosen by fellow councillors. Council chief executives are appointed staff.

Which laws set up local government?

Local government rests on state laws and is recognised in state constitutions, but not in the federal Constitution. Native title holders and land councils are formal under federal law. Elders' authority under traditional law is recognised only where a law gives it effect.

Who are local leaders accountable to?

Voters elect councils every three or four years. State ministers can investigate, suspend or dismiss councils and appoint administrators, usually after a public inquiry. Courts and state ombudsmen also review council decisions.

Traditional and customary authority

Aboriginal and Torres Strait Islander peoples have their own laws and elders, which are not part of the formal government system but are recognised in specific ways. The Native Title Act 1993 lets groups prove continuing rights to land and waters under their traditional laws; recognised rights are held by prescribed bodies corporate that must be consulted about some developments. In the Northern Territory, Aboriginal land councils under the Aboriginal Land Rights (Northern Territory) Act 1976 control access to large areas of Aboriginal-owned land. Some councils in Queensland and elsewhere are Aboriginal or Torres Strait Islander shire councils serving those communities.

Community and neighbourhood power

Residents' and ratepayers' associations, progress associations in country towns and 'friends of' groups take part in council consultations but have no legal power. Owners corporations (strata bodies) manage apartment buildings under state law and can make and enforce building by-laws. Councils often set up advisory committees and community reference groups.

Points to know

Local terms

Shire
A council, usually covering a rural area.
Native title
Legal recognition of Indigenous rights to land and waters under traditional law and custom.
Rates
Property tax collected by local councils.

Sources

See also: Australia's official statistics and leaders · the 10 levels of power.