council rates test case

Ratepayers have fewer and fewer rights in Victoria but it may be that they can refuse to pay their rates unless they are satisfied.

State Government removing right to know/approve new buildings next door

(As Reported on 3aw 15/3/12)

The State Government have submitted to parliament a law that council’s no longer have to advise abutting owners of a planning permit application or that the applicant must place a notice on the site.

This means that you will not be aware what is proposed next door nor will you have the option to object because the Planning application will have already been granted.

This is not in the best interest of Ratepayers or for local community, think about what this will mean.
If a councilor or a council officer or builder wants to have a planning application approved you will not know about the application, until the builders arrive.

Council Rates are they legal?

There has been much debate on this issue.

Victorian Ratepayers Inc.(RPV) from the facts presented to our organisation it would appear that Council’s have no legal right to collect rates, consider the following facts.

There is a core issue for us all in Australia, and that is whether municipal councils have the power/authority to charge "rates". Please consider

- In 1904, the High Court of Australia determined that municipal "rates" are a tax.

- In 1988, the people of Australia voted in a referendum in relation to municipal councils being recognised in the Commonwealth Constitution as a third tier of government.

The vote was NO!!!

- In 2009, [Pape V Commissioner of Taxation] the High Court said that "responsible government" involved three fundamental principles.

- 1/ The passing of legislation to collect tax (as public money for public purposes),

- 2/ Money collected must go into a Consolidated Revenue Fund, and

- 3/ The Parliament MUST make Bills for approval of the spending of those funds .. to become Acts.

- Consider whether municipal councils are able to be held as "responsible government" from this fundamental legal standard!

Now, if councils are not lawfully authorised as a third tier of government in several States for several reasons. The tax they collect is not done with lawful authority.

The standard set for responsible government by the Rule of Law applying to this country is upheld by the High Court, and we need to ensure this occurs in-so-far-as "rates" are concerned.

Your views on this matter are invited .

Emails To jack_d[AT]iinet.net.au Email Jack

MORE INFORMATION

Source of article material: Ratepayers Victoria Inc., "March News letter 2012"

Email ; ratepayersvictoria@ gmail.com Phone 03 9570 6227

Postal Address 8/1248 North Road Oakleigh South 3167

Website: http://www.ratepayersvictoria.com.au