Local government councils and their role
Local Government Councils are statutory bodies established and empowered to make decisions through delegated legislation. The Local Government Act 2009 (Qld) empowers local governments to ‘make and enforce any local law that is necessary or convenient for the good rule and local government of its local government area’.
Scope of local government powers
Local Government Councils are generally responsible for town planning and infrastructure, the management of community facilities including libraries, sporting complexes and parks, and providing services such as local waste collection for their designated council area. They also set levies and rates for the provision of services and maintenance of facilities.
Limitations on local government law-making
Local Councils may only enact laws within the scope conferred by legislation, with certain laws being excluded from their jurisdiction. For example, Local Governments cannot make laws that are inconsistent with state laws, anti-competitive, or that impose fines of more than 850 penalty units.
Importance of good governance
Local laws can significantly impact a community, and government officials must carry out their duties to a high standard, professionally, and within accepted principles of good conduct and practice. Good governance and professionalism encompass considerations such as acting ethically, honestly, in good faith, and in the interests of the public.
Comprehensive legal advice on compliance
Advising effectively on compliance matters requires a comprehensive understanding of local government legislation and its interplay with various other laws, as well as the unique role of a statutory body and its office bearers. Advice must balance good governance with sound commercial practice.
Our services for local government compliance
We can assist across a range of compliance and related Local Government issues, including:
- Interpreting and advising on statutory instruments and local laws.
- Drafting, reviewing, and updating templates and precedents for various work areas to foster efficiency and compliance.
- Advising on government accountability, office holders’ portfolios and responsibilities, and the exercise of powers and functions.
- Advising on risk management and probity issues.
- Reviewing and drafting policies and procedures to ensure compliance and manage risk.
Pre-qualified legal supplier to local government
WGC Lawyers is a pre-qualified supplier, providing a range of legal services to Local Government through a Local Buy Arrangement administered through the Local Government Association of Queensland.
Our experience with local government compliance
We have assisted and advised Local Government Councils across a range of compliance and related issues, as well as other legal areas, including property matters, debt recovery, employment, intellectual property, tendering, and procurement.
