Governing the City State - Chief Minister and Treasury Directorate ...

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o Completion Bond – Bond taken as security to ensure completion of developmentworks by the date in the Development Permit; ando Combined Uncompleted Works and Maintenance Bond – taken as security to ensurecompletion of outstanding works when early endorsement of Survey Plans is soughtprior to practical completion.As a result of efficient procedures (including in relation to parallel processes for inspections),and the security of significant bonds, certificates of occupancy and registered title are able tobe issued on the same day. The Review recommends, in the context of plans for greaternumbers of unit titled properties in the future, the Government adopt equivalent processes asa matter of urgency in the ACT.Critical InfrastructureA number of Australian states have specific legislation to permit timely and well coordinatedassessment of infrastructure development judged to be of critical public importance. There isno assessment legislation specific to critical infrastructure in the ACT. This situation maybecome more significant in the near future in relation to projects such as the Majura Parkway,further stages in the Molonglo land release, data centres, Commonwealth defence forcefacilities, other major road upgrades etc.Currently, proposed critical infrastructure developments would be assessed by ACTPLAunder the Planning Act, often through the impact assessment track. Under this Act fixeddocumentation, timeframes and other procedural requirements apply for application andassessment and the matter is subject to ACAT merit review. Where the Planning Ministerexercises the option to “call in” a proposed development, the Minister becomes the decisionmaker and there is no right of merit review. Timeframes and procedures remain largelyunaltered. The project may also require assessment, referral advice and/or authorisation byother agencies under other legislation such as the Environment Protection Act 1997, HeritageAct 2004, Tree Protection Act 2005, and Nature Conservation Act 1980.New critical infrastructure development type legislation along the lines of those adopted byother jurisdictions would enhance the effective and timely delivery of critical infrastructurefor the ACT. It would enable the government of the day to resolve competing requirementsin different pieces of legislation which may be likely to either frustrate or delay importantprojects.The critical infrastructure process would only be available for construction of Government orpublic infrastructure to ensure timely delivery in the broad public interest. In addition to thepublic infrastructure test, other criteria could include significant economic, social, cultural orenvironmental importance to the Territory and importance to achieving public policyobjectives or strategies.Administrative Arrangements Changes: 194
Crown LeasesThe ACT’s property system is based on a system of leasehold, rather than freehold land,giving the Government the capacity to prescribe in great detail the nature of development thatcan occur. The core of this leasehold system is the so called “purpose” clauses whichestablish permitted uses for particular parcels of land. The purpose clause forms part of eachlease, notwithstanding permitted land uses are set out in the Territory Plan.A suggestion raised with the Review, meriting further examination, is the streamlining ofleases by removal of duplication of purpose clauses in the Territory Plan and individualleases.A related issue of concern raised with the Review was the extent to which ACTPLA iscurrently resourced to pursue breaches of lease conditions.Future Procedural Reform Planning and Development ReformAn option raised with the Review involved separating the Development Approval functionfrom the planning function entirely. While not possible without legislative change, thearguments advanced for this position reflect local government responsibilities elsewhere, aswell as the desirability of signaling exactly where the line between statements of governmentpolicy expressed through the planning system rules, and arm’s length decision making onindividual proposals lies.The Review suggests reform of this magnitude is not warranted at this stage, but theGovernment may wish to commission advice on this point in the future.In any event, the Strategic Board should review and settle a process map for planning anddevelopment, that where possible allows for parallel processing of related approvals, 12months after the structural changes proposed by the Review have been implemented. Thiswill serve as the basis for specification of how the planning system is intended to work anddiscussion with the community about the course of any future reforms.HeritageWith regard to Heritage, the recently completed Heritage Review argues for “greater emphasison strategic approaches, proactive operations and a greater degree of transparency in theoperations of the ACT heritage system”. 237 That approach to ensuring appropriate protection ofheritage assets in the ACT, as well as balancing sometimes competing interests in protectingthe past and building the future of Canberra, is sound and would be facilitated and enhanced byresponsibility for heritage being located within the area of government responsible forregulation of development and not the proposed Chief Minister’s Department.237 Marshall, D. (2010) Australian Capital Territory Heritage Act Review. Canberra, p.12.Administrative Arrangements Changes: 195
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Governing the City StateOne ACT Gov
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LETTER OF TRANSMITTALMr Jon Stanhop
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CONTENTSEXECUTIVE SUMMARY .........
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Doing Whole of Government in the AC
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Proposed Changes...................
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Investing in Capability ...........
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Acronyms and Short Forms Used in th
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EXECUTIVE SUMMARYIn September 2010,
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There are nevertheless areas that r
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The Administrative ArrangementsWith
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5. Amend the Public Sector Manageme
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24. Strategic Board outcomes be pro
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Department of Justice andCommunity
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Figure 1 - Current and Proposed Str
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Chief Minister’s Finance Economic
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Figure 2 - Structure optionsOption
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Priority SettingThe Review recommen
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55. Improve workforce data quality
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CHAPTER ONE: BACKGROUND TO THE REVI
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Guiding Principles - Embracing Uniq
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imperatives, improvements to system
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CHAPTER TWO: CONTEXT FOR THE REVIEW
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capacity of the Commonwealth Execut
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Table 1 - Elected Members at Each L
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The ACT in 1989 and 2010PopulationI
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Figure 5 - Settlement and New Centr
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Canberra in 2010 - a Snapshot• Th
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In addition to the RLF and its rela
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• disability officers (43.9 years
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Figure 9 - Sources of ACT Governmen
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Table 6 - General Government Sector
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looming risks to revenue, which wil
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• the development of a city which
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CHAPTER THREE: GOVERNING THE CITY S
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commitment to an open, accountable,
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This form of Committee meeting woul
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and cooperative relationships betwe
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Australia, should be capable of sig
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with respect to the relationship be
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undertaken, and the roles participa
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These risks can be overcome through
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specific policy areas where it is t
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Despite its inherent appeal to comm
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- and enhance its capacity to provi
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Apples and Oranges - the ACTPS and
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safer and stronger - helping commun
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The ACT's progress is measured by 2
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coordination of action. To function
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Many of the benefits of the single
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priorities and see new ways for COA
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Citizen’s dealings with the ACT G
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Canberra suggests, for example, tha
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community through the proactive use
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innovative ACTPS. Fundamental to th
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times, the operation of COAG has se
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Indeed, in playing its proper role,
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members (where they exist). Overall
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Figure 13 - The Public Interest Map
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Just because an official is exercis
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Appendix 1 - Sample of ACT Governme
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The Administrative ArrangementsThe
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• creating the Sustainable Develo
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Department of Treasury • See Chie
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• maintain the Shared Services Go
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Chief Minister’s Department(Optio
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The most influential aggregation of
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The role of the proposed Chief Mini
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through ACT Government reporting pr
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community events and major economic
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This approach is sound and reflects
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Policies, procedures and guidelines
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Triple Bottom Line sustainability p
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subsequent years the Infrastructure
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Unions ACT noted in its Submission
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While there is clearly a need to en
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As part of this work, the Review re
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across the ACTPS. Significant impro
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Independent Competition and Regulat
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Page 164 and 165: function as part of the Office for
Page 166 and 167: The Review also notes work to achie
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Page 170 and 171: Significant whole of government, co
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Page 174 and 175: The Social Compact establishes a Jo
Page 176 and 177: quality of data about Aboriginal an
Page 178 and 179: Department of Education and Trainin
Page 180 and 181: It is interesting to note in this c
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Page 184 and 185: Department of Territory and Municip
Page 186 and 187: Proposed ChangesThe Review recommen
Page 188 and 189: TAMS has already made advances in t
Page 190 and 191: PCL’s role extends to fire fighti
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Page 196 and 197: Clearly there is a place in every p
Page 198 and 199: LDA was praised for its central rol
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Page 202 and 203: There is a high level of inefficien
Page 204 and 205: IssuesCOAG’s National Criteria fo
Page 206 and 207: • The linkages between service pr
Page 208 and 209: we envisage such a group, probably
Page 212 and 213: In responding to the recently compl
Page 214 and 215: Business SupportThrough the course
Page 216 and 217: Land developmentLand releaseMajor l
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Page 220 and 221: CHAPTER FIVE: STRATEGY, RESOURCE AL
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Page 226 and 227: At the core of this scenario planni
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Page 230 and 231: attempt to align streams of reporti
Page 232 and 233: • Capital Development is the ACT
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Page 244 and 245: Performance and Accountability in t
Page 246 and 247: The performance and accountability
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Page 256 and 257: Strategy, Resource Allocation and t
Page 258 and 259: too long. There is clearly an unwil
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The modelling of these values is mo
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To complement the existing work exe
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policy?Averaged rating (equallyweig
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• the greater likelihood of a nar
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The Auditor-General has recently ta
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• workplace health and safety tra
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of officials to tackle critical iss
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The Review recommends establishment
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Responding to the fiscal pressures
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Workplace culture in the ACT Parlia
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explored. With the help of benchmar
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Continuing to provide employees wit
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There is an increasing need for Ser
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… finding this ‘space’ [to in
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Figure 20 - Dimensions of Innovatio
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the past, limitations on external c
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• better information sharing to s
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The plethora of approaches to encou
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Figure 22 - Innovation CycleRecomme
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The legislative employment framewor
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Unions expressed frustration to the
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extend to matters of remuneration a
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• Develop the strategic human res
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Recommendation: Governance• the p
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ameliorate such issues, this is not
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Recommendation: Shared Services•
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This led the Commission to define s
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The second model represents each sp
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The consultation process referred t
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Suggestions:• the sustainability
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taking up to four years. ‘Plannin
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the release of residential land. As
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house prices. Among the actions tar
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The usual model is that Commonwealt
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Canberra also has an extensive walk
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ACTION staff and management are acu
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suggests that it may not be so. Con
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• unless the industrial framework
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Green CabsMany countries are embrac
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modules, each with a lead senior ex
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Dashboard ReportingThe attached tem
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ATTACHMENT A: CHIEF MINISTER’S PR
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ATTACHMENT B: CONSULTATIONConsultat
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Meetings held by the Reviewer• AH
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• RATTENBURY, Shane - Speaker, AC
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BIBLIOGRAPHYACT Auditor-General (20
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Australian Public Service Commissio
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Evans, M. (2009) “Gordon Brown an
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Mulgan, R. (2002) “Accountability
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South Australian Performance Commis
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Williams, G. (2010) “Euthanasia B
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Figure 25 - The Three Spheres of Su
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