@ InterestedDarwinObserver (Posted November 22, 2018 at 10:22 am): …

Comment on Code of conduct allegations ‘vexatious, frivolous’ – councillor by Alex Nelson.

@ InterestedDarwinObserver (Posted November 22, 2018 at 10:22 am): You are correct to state the Australian Constitution refers only to the Commonwealth (Federal) Government and the States.
However, local government was established in the various colonies prior to federation and remains a state-based responsibility.
This included the Northern Territory when it was controlled by South Australia, which established a council for the town of Palmerston (Darwin) that was subsequently “inherited” by the Commonwealth when it took control of the NT in 1911 (this council voted itself out of existence in the late 1930s).
There have been two referendum questions put to the Australian people with regard to local government.
The first was in May 1974 when the Whitlam Government sought to gain the power “to borrow money for, and make financial assistance grants directly to, any local government body”.
The second question was put by the Hawke Government in 1988 “to recognise local government in the Constitution”.
Both questions were lost.
Two decades ago I queried the validity of local government in the Northern Territory, given that the Commonwealth has no powers for local government under the Australian Constitution, and that the NT Government derives its powers in turn from the NT Self-Government Act which is a Commonwealth law.
The ACT, which has a much larger population than the NT, has no local government – there is no Canberra City Council or Mayor of Canberra.
A constitutional lawyer directed my attention to section 122 of the Constitution: “The Parliament may make laws for the government of any territory surrendered by any State to and accepted by the Commonwealth, or of any territory placed by the Queen under the authority of and accepted by the Commonwealth, or otherwise acquired by the Commonwealth, and may allow the representation of such territory in either House of the Parliament to the extent and on the terms which it thinks fit.”
There’s no doubt about the legitimacy of federal representation of the NT but the question of whether this power extends to the creation of local government in the NT as valid still nags at me.
It’s a constitutional question that ultimately can only be resolved by the High Court of Australia, but that’s dependent on this matter being referred to the court for adjudication – and clearly nobody is prepared to do it.
However, as recent experience with several cases involving section 44 of The Constitution has shown, the Statute of Limitations has no application to constitutional law.
To my mind, the validity of local government in the NT hangs over our heads like the Sword of Damocles.

Alex Nelson Also Commented

Code of conduct allegations ‘vexatious, frivolous’ – councillor
To my mind this raises the question as to whether Jimmy Cocking and other councillors have been subjected to an act of defamation.
Resorting to my old trusty Concise Macquarie Dictionary, I found the following definition of the word ‘defamation’: “the wrong of injuring another’s reputation without good reason or justification; calumny; slander or libel.”
It seems to me that the complaint which has led to the code of conduct process, which has been found to be “vexatious and frivolous,” may fit that definition.
If an offence of this nature has been committed, then it begs the question as to the legality of covering up the identity/ies of the complainant/s.
Is it appropriate for government, or an arm of government, to rely on confidentiality to frustrate the possibility of holding a person or persons to account for their actions if they might possibly be in breach of the law?


Recent Comments by Alex Nelson

NT tourism turbocharger out of gas as Feds eye off Kakadu
A cash splash of $216m versus $220m for Kakadu/Jabiru as the race commences for this year’s Federal election campaign.
Hmm, is it Tweedledum and Tweedledee, or Heckle and Jeckle? Cartoonists could have fun with this double act.


Traditional owners unite to dump Anzac as gallery site
It’s worth keeping in mind that the council-owned lease for Anzac Oval extends over the car park area in front of the school.
The NT Governent-owned lease starts from the front of the main school building and extends through the rear of the campus, so it’s not as big an area as many probably assume.


National Indigenous Art Gallery future in doubt: Gunner
This utter debacle should mean that several heads will roll, from the Chief Minister down.
If this happened anywhere else in Australia, that is what would happen.
An absolutely disgraceful performance, and I predict it will get worse before this matter is terminated.


The financial crisis in the Northern Territory
While we navel-gaze at our own dire financial situation in the NT, a report just posted on the ABC News site states: “Since its recent peak in late-August, the local market has plummeted by about 12% — as investors grow increasingly concerned about an unresolved trade war, slowing global economic growth and the United States raising interest rates too quickly.
“Sentiment is as bad as I’ve seen it for a long, long time … the negativity is absolutely rife,” Chris Weston, head of research at Pepperstone, said.
“Ultimately, the market is concerned if we do see a resolution between those two nations [the US and China] … the damage has actually been done to the global economy and we’re hurtling towards a recession.
“Equities is a confidence game, and if it goes down in China, Japan, Europe and the US, we are going down as well — there’s no doubt about that situation.”
That “we are going down as well” is us – Australia as a whole.
If recession is now on the cards, I think we can forget about assistance for the NT. The money is just not going to be there.
In my article “The forgotten lesson” I stated near the conclusion “currently both national and world circumstances appear decidedly tentative at best. We’re likely to find ourselves overtaken by events well outside of our control.”
At present it appears those events are now starting to overtake us.


Alice has hottest day on record
@ Fiona Walsh (Posted January 2, 2019 at 3:12 pm): Thank you, Fiona, for your most informative post.
The closure of the CSIRO in Alice Springs is, I consider, one of the most short-sighted and regrettable decisions ever made as far as Central Australia is concerned but typical of the myopia that afflicts contemporary coast-oriented bureaucracy.
Maintaining the presence of the CSIRO in the Centre would surely have been as vital in these times of worsening climatic conditions and consequent impacts on the environment as it ever has been in the past.
However, the loss of the CSIRO in Alice Springs is symptomatic, and certainly symbolic, of the lack of concern and real regard for so much of the real Australia.


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