Local Government Victoria FACT SHEET Legitimacy of Councils and Rating Powers Key Messages Victorian Councils are lawfully constituted by State legislation, namely the Local Government Act 1989. Councils are recognised in the Victorian Constitution. Neither the Victorian nor Commonwealth Constitution conflict with the lawful status and powers of Victorian Councils. Councils derive the power to impose rates and charges from the Local Government Act. It is unlawful to refuse or fail to pay or charges except in accordance with the provisions in the Act, or the determination of a Court. Significant penalties apply. MYTH 1 FACTS Local Government has no legal Local government is legally valid, having been validity because it is not mentioned constituted by an Act of the Victorian in the Commonwealth Constitution. Parliament. A referendum in 1988 to recognise There is no obstacle in the Commonwealth local government in the Constitution to prevent State Parliaments from Constitution did not succeed. legislating to create, empower and regulate local government. All States have done so. Therefore local government has no legal existence. The Victorian Constitution includes explicit recognition of local government. Section 74 B gives Parliament the right to make laws for and in relation to local government. MYTH 2 FACTS The Victorian Constitution is not The Victorian Constitution is a valid Act of the valid; therefore its recognition of Victorian Parliament. local government is invalid; therefore local government itself The first Constitution was enacted in 1855, and has no lawful basis. provided for its replacement with subsequent Constitution Acts. The Constitution Act 1975 was not properly enacted as it did not The current Victorian Constitution Act 1975 receive the assent of the Queen. received Royal Assent in October 1975.
Local Government Victoria FACT SHEET Legitimacy of Councils and Rating Powers Key Messages Victorian Councils are lawfully constituted by State legislation, namely the Local Government Act 1989. Councils are recognised in the Victorian Constitution. Neither the Victorian nor Commonwealth Constitution conflict with the lawful status and powers of Victorian Councils. Councils derive the power to impose rates and charges from the Local Government Act. It is unlawful to refuse or fail to pay or charges except in accordance with the provisions in the Act, or the determination of a Court. Significant penalties apply. MYTH 1 Local Government has no legal validity because it is not mentioned in the Commonwealth Constitution. A referendum in 1988 to recognise local government in the Constitution did not succeed. Therefore local government has no legal existence. FACTS Local government is legally valid, having been constituted by an Act of the Victorian Parliament. There is no obstacle in the Commonwealth Constitution to prevent State Parliaments from legislating to create, empower and regulate local government. All States have done so. The Victorian Constitution includes explicit recognition of local government. Section 74 B gives Parliament the right to make laws for and in relation to local government. MYTH 2 The Victorian Constitution is not valid; therefore its recognition of local government is invalid; therefore local government itself has no lawful basis. The Constitution Act 1975 was not properly enacted as it did not receive the assent of the Queen. FACTS The Victorian Constitution is a valid Act of the Victorian Parliament. The first Constitution was enacted in 1855, and provided for its replacement with subsequent Constitution Acts. The current Victorian Constitution Act 1975 received Royal Assent in October 1975.
2013-Legitimacy-and-Powers-Fact-Sheet-March-2013.docx