@ 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

Party full throttle in battle against fracking
It’s time to end our reliance on the notion of political parties.
What we need in our parliaments and assemblies are elected individuals of integrity and competence, who can negotiate and cooperate with one another to provide the best standard of governance for all.
The evidence built up over many years demonstrates that political parties cannot be relied upon for the provision of good government.
They may start off well intentioned but inevitably end up being captured by powerful vested interests that equate their own aims to the public good.
I think it’s well overdue that another approach towards government and administration is given serious consideration.


When 20% royalties shrivel to as little as 1%
With such an apparently paltry return on investment, we’re effectively told these extractive industries are constantly marginally profitable at best.
We are expected to believe this errant nonsense.
Under the section of Powers of the Parliament, the Australian Constitution commands: “The Parliament shall, subject to this Constitution, have power to make laws for the peace, order and GOOD GOVERNMENT (my emphasis) of the Commonwealth with respect to” a range of powers.
The Northern Territory Government, being a creature of Commonwealth legislation, is under the same constitutional obligations.
I contend that being ripped off by mining and extractive industry corporations, with no real oversight or scrutiny of their claims for production costs, does not qualify as “good government.”
Equally, a Territory government that is plunging its economy into a financial abyss, and a Federal Government that permits this to happen with no apparent concern or regard for oversight of this economic mismanagement, cannot be construed as “good government”.
We are being (and have long been) systematically betrayed by our respective Territory and Commonwealth Parliaments.
Our system of governance is simply not being adequately held to account.


More to come?
For those who haven’t heard, Christmas Day set a new maximum temperature record at the Alice Springs Airport, reaching 45.7C which exceeded the previous record (45.6C) set in January this year and recently equalled in December.
The previous highest temperature record at the airport was recorded in January 1960.
It’s a sign of the times that reaching maximum temperatures around the 40C mark feels like a cool change!
We continue to be on track to smash the lowest annual rainfall record for the Alice Springs Airport which, according to the Bureau of Meteorology’s Daily Rainfall figures, stands at 53.4mm for the year – well down on the previous record driest year of 2009, and then 1965 (last year of the infamous 1960s drought).
This figure accords with a couple of records from private residences in town, both slightly above 50mm in total for the year; so it’s odd that the BOM recently stated on ABC radio that the total rainfall for the year in Alice Springs is 66mm – perhaps someone from the BOM can explain this discrepancy?
However, the news this morning is that the Positive Indian Ocean Dipole, the cause of our heatwaves, is breaking down at last.
It will be interesting to see how far the pendulum swings this time, in comparison to similar abrupt switches in weather one and two decades ago, respectively (see my comment).


Government corporation bids for Kilgariff Two
“Asked why the advertisement was published 12 days before Christmas, with the closing date the day after a Friday Boxing Day, the spokesman said the application was advertised “at the first opportunity … in accordance with the Department’s normal procedure”.
Now ain’t that the truth – “the Department’s normal procedure” over the summer holiday break, as has been in practice by agencies of the NT Government for decades.
Open, honest and accountable government, anyone?


Gas and solar: Still uneasy bedfellows
Stumbled across this article yesterday on The Conversation published a few months ago, reporting on US research into this problem.
The proposed solution is counterintuitive, to “overprovide” renewable energy infrastructure (solar and wind), with excess energy into the system essentially “discarded”.
While this project was confined to the state of Minnesota, asked if this model is specific to the US situation or can be applied elsewhere such as Australia, the reply was that it is universal.
Maybe some food for thought for our circumstances in the Centre.


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