1965-06 QIMA Vol. 9 - No. 2 by LGMAqld

Vol.

No.

JUNE,

1965

prrar44%:,,,YIAN;;Itt4,

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Ifiroleantie'ine$4 atiiii4orioaAV447Ktn4 J4.

INSTITUTE OF

MUNICIPAL ADMINISTRATION QUEENSLAND

DIVISION

VirOVICOPM CRaFek#!'0,-!:

W.V!WaPie4t,f-alrg:Fffek-'2'

PRICE 6d. Registered at G.P.O., Brisbane, for transmission by post as a PeriodicaL

THE PROJECT:

SUPPLYING COOLING WATER TO GIANT TURBO -GENERATORS BACKGROUND TO

PROJECT:

To meet the estimated 50% growth in Victoria's electricity needs between 1964 and 1969 the State Electricity Commission is constructing the £100,000,000 Hazelwood power station in the Latrobe Valley. Hazelwood's first 200,000 KW turbo -generator went into regular service last October. A similar turbo -generator will be commissioned this year. Stage 2 (400,000 KW) will be fully commissioned by 1967 and Stage 3 (400,000 KW) by 1969. Each of the boilers for the six turbo -generators will burn 300 tons of pulverised brown coal per hour. Each condenser will have 84 miles of tubes and about 4,920,000 gallons of water per hour will be required for the condensers and for cooling generator, main transformers, lubricating oil and miscellaneous services. THE COOLING SYSTEM:

To ensure adequate water supply a two -square -mile artificial lake holding 7000 million gallons has been formed adjoining the station. Water will be delivered at a pressure of up to 32 feet head by two 500 h.p. pumps. Heated water is later discharged to the cooling pond. ROCLA'S PART:

Haunstrup and Co. Pty. Ltd., who were awarded Civil Contract of Hazelwood Stage 2, selected Rocla prestressed concrete pipes 72 inches in diameter and 12 feet long to carry the water to the condensers. Each pipe was tested to a pressure of 150 feet head at Rocla's Springvale plant before delivery to Hazelwood. Rocla 72 inch prestressed concrete pipes of similar design were used for the circulating water conduits of Stage I of the power station. The illustration at top right shows the steel framework of Stage 2 in the course of erection. The cooling pond is in the background.

S. 5

Illustrated at right are pipes being laid in a prepared trench. Weak concrete is later poured around and between pipes.

ROCLA

CONCRETE PIPES LIMITED Suppliers to Commonwealth, State and Local Government Authorities. CAIRNS, MAREEBA, MACKAY, BRISBANE, SYDNEY, NARRANDERA, BATHURST, WODONGA, TRARALCON, MELBOURNE, MOUNT GAMBIER, ADELAIDE.

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Q. I. M. A.

Q IMA

1950 11111

The Official Organ

The INSTITUTE of MUNICIPAL ADMINISTRATION

Notice of Annual Meeting 7

QUEENSLAND DIVISION

Office: Teachers' Building,

Elizabeth Street. Brisbane G.P.O. Box 471F Phone 2-4273 81

Mr. A. H. Porno, F.I.M.A.

President:

Senior Vice -President:

Junior Vice-President:

Divisional Councillors:

Mr. D. R. Phipps, F.I.M.A. Mr. B. B. Robinson, A.I.M.A. Mr. A. V. Angove, F.I.M.A. Mr. T. V. McAulay, A.I.M.A. Mr. R. H. Swenson, F.I.M.A.

.T.

NOTICE. is hereby given that the Fifteenth Annual General Meeting of the Queensland Division of the Institute of Municipal Administration will be held in the City Hall, Brisbane, on Monday, 6th September, 1965, commencing at 4 p.m.

AGENDA

Divisional Secretary:

Mr. J. R. Winders, A.I.M.A.

A Quarterly Publication

devoted to the Development, Advancement and Improvement of Local Government Administration in the State of Queensland.

1';

:i Z

; -

Edited by I. R. WINDERS

President;

Senior Vice -President;

Junior Vice -President; o

One (1) Divisional Councillor (Mr. A. V. Angove retires by effluxion of time, but is eligible for

9,,, "0

PTV

Report and Financial Statements;

Teachers' Building 81 Elizabeth Street. Brisbane G.P.O. Box 471F Phone 2-4273 047

(b) Presentation and Adoption of Fifteenth Annual

(a) Confirmation of Minutes of Fourteenth Annual General Meeting;

LTD

re -appointment) ;

Published by MAURICE G. MACDOUGALL for CONSOLIDATED PUBLICATIONS

Pty. Ltd.

(d) Other Business. =

J. R. WINDERS, Divisional Secretary.

and Printed by CONSOLIDATED PRINTING CO.

;

R.Q.B.A. Headquarters 468-470 Ann St., Brisbane

Phones: 2 7216 and 2 7388 ecinicanneuwiciusumuscluillicluefliciniumnimr

14th July, 1965.

June,

JOURNAL

Page Two

The Gold Watch Era Has Passed ! *

Can You as an Employer retire an old and faithful Employee and know that he will be financially secure in his old age?

Are your Employees happy in your service knowing that when they retire they will do so in some measure of comfort and financial security?

* Are the families

of your Employees protected against the

Employee's possible untimely death whilst in your employ?

SUPERANNUATION with

A.M.P. will answer these questions for you IN THIS STATE 42% OF ALL SUPERANNUATION BUSINESS HANDLED BY LIFE OFFICES IS UNDERWRITTEN BY-

A.M.P. SOCIETY

Contact your Local A.M.P. Representative 01'

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toTHE MANAGER, A.M.P. Society, Box 1404 R,

BRISBANE.

1965

June,

Q. I. M. A.

1965

JOURNAL

Page Three

INSTITUTE OF MUNICIPAL ADMINISTRATION

FIFTEENTH ANNUAL REPORT and

FINANCIAL STATEMENTS For Presentation at the Fifteenth Annual General Meeting to be held in Brisbane on Monday, 6th September, 1965. LADIES AND GENTLEMEN: Two special events have served to make notably important the period of activity under review. The first was the occasion of the holding of the Federal Council meeting in Queensland for the third time; the second was the bringing down of legislation in the Queensland Parliament to finally bring to a successful conclusion the long period of negotiation for the institution of a common scheme of superannuation for Queensland local government employees. The arrangements for the former appear to have met with the general commendation of our fellow members from other States and left those responsible for the organisation feeling fully rewarded for their efforts. Even had nothing else been done, the consummation of the superannuation scheme must surely have been sufficient to justify the work of the Division. Nevertheless, other matters have not been overlooked, as it is hoped will be shown in the report herein. THE DIVISIONAL COUNCIL

For the sake of the record, membership of the Divisional Council for 1964-65 is set out below:-

President: A. H. Forno, F.I.M.A. Senior Vice -President: D. R. Phipps, F.I.M.A. Junior Vice -President: B. B. Robinson, A.I.M.A. Divisional Councillors:

A. V. Angove, F.I.M.A. T. V. McAulay, A.I.M.A.

R. H. Swenson, F.I.M.A. Divisional Secretary: J. R. Winders, A.I.M.A. Hon. Auditor: E. Glaser, A.I.M.A.

In order to minimise travel arrangements, meetings of the Council have been kept to a minimum, but there have been frequent exchanges of correspondence between the President and members of the Council and, wherever necessary, the business of the Division has been kept up-to-date by means of decisions reached by postal voting.

All members have evinced a keen desire to promote the best interests of the Institute and all have made lengthy submissions on various matters of import on which their advice has been specially sought. MEMBERSHIP Total membership of the Division is now 227, made up as follows:-

Honorary Fellows Honorary Life Members Fellows Associates

Students Total

12 103 107 2

227

During the year there were two Fellows granted Honorary Membership and two Associates reclassified as Fellows. Admission as Fellow was granted to two applicants and eleven Associates and two Student Members were enrolled. The names of two Fellows and one Associate were removed from the Register of Members because of their decease, and one Fellow and one Associate resigned. The names of two Fellows and two Associates were removed from the Register for failure to pay annual dues. Overall, there has been an increase of six above the previous year. THE FEDERAL COUNCIL For the third time, the Federal Council met again in Brisbane-during the period September 26 to October 3, 1964. In addition to a large agenda containing many items of special interest, opportunity was also taken to hold the Annual General Meeting of the Institute.

Our Divisional Councillor and immediate Past President, Arthur Angove, was granted the high honour of appointment as Federal President of the Institute for the current year. This must be very rewarding to him since, over a period of years, he

Page Four

Q. I. M. A.

has taken a keen interest in the Institute on a national level. There was special reason to be pleased about the measure of official recognition of the visit. The Premier (the Hon. G. F. R. Nicklin, M.M., LL.D., M.L.A.) officially opened the conference and the visitors were entertained at lunch by the Honourable Harold Richter, M.L.A. (Minister for Local Government and Conservation). The Director of Local Government (Mr. M. McNamara) attended several functions and made transport available for the party. The excellent facilities of the Brisbane City Council were readily available for the conference and meetings, and the Rt. Hon. the Lord Mayor (Ald. Clem Jones), although far from well, fulfilled an engagement to deliver a full length address. Through the courtesy of a number of very good friends to local government, a comprehensive programme of instructional and social events was able to be planned. The generosity of the Queensland management of Humes Limited and His Worship the Mayor and Aldermen of the Gold Coast City Council enabled the visitors to enjoy the exciting Gold Coast area; BP Australia Ltd., Cr. H. G. Behan, M.B.E., President of the Local Government Association, the Shell Co. of Aust. Ltd., Underhill, Day and Co. Pty. Ltd., Emoleum (Aust.) Ltd., the Chairman of the Redland Shire Council and the Mayor of the City of Redcliffe extended hospitality at lunches, dinners and afternoon teas; a bus trip sponsored by Castrol Ltd. and excellent arrangements by the Chairman and Members of the Maroochy Shire Council gave the visitors a delightful day at North Coast areas; the assistance of the Queensland Tourist Bureau and its representative, Mr. R. J. Orme, and the provision of transport by the Brisbane City Council completed a comprehensive and successful round of social engagements. Mayor E. H. Browne, A.I.P.M.A., came from Melbourne to address members. The Division would be failing in its duty were it not to publicly record appreciation for these several acts of kindness and co-operation. It is refreshing to know that the Institute is held in such high esteem.

JOURNAL

June,

1965

THE ANNUAL DIVISIONAL CONFERENCE The Federal Conference was preceded in August by what was probably one of the most successful and fruitful annual gatherings of members of the Division. The three addresses delivered were of exceptionally high quality. Mr. K. W. Knight, M.Econ., Senior Lecturer in the Queensland University's Department of Public Administration, talked to over 80 members on the subject of "Finance for Local Government"; the interesting subject "Interpreting an Act of Parliament" was ably handled by Mr. J. T. Gibney, B.A., LL.D., a senior Officer of the Solicitor General's Department, and an address on "Decimal Currency" handled in a dual capacity by Messrs C. H. Smith and R. K. White, specialist officers of the Commonwealth Bank, commanded keen interest amongst all members. The "serious" agenda items were supplemented by field displays arranged by the Brisbane City Council's Health and Library Divisions, and by a Saturday morning election "post mortem" section. We have now become very good and close friends of the managements of Email Limited, and Dunlop Rubber (Aust.) Ltd., and Councillors of the Queensland Division of the Australian Society of Accountants, whose generous hospitality was again spontaneously extended to us. The Sunday outing to Kilcoy and Somerset Dam ranked high amongst previous trips, and we are very grateful for the assistance given us by the Chairman and Members of the Kilcoy Shire Council and the Engineer -in -Charge of the Dam. It will be recalled that some doubts were expressed about holding the Divisional Conference at a time other than concurrently with the Local Government Association Conference. The support accorded the Divisional Conference has completely dispelled any doubts about future ventures. "QIMA"

The Division's official Journal has continued to prosper and, for the first time for a number of years, ample copy of good quality has been readily available

Phones: 67 4107 67 4108

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June,

1965

I. M. A.

for each issue. This has been possible for two reasons. Firstly, we have been able to commit to print the addresses delivered at Conference; and, secondly, there has been a steady flow of material arising out of the two meetings of the North Queens-

land Branch. Nevertheless, there still remains a need for contributions from members in other areas, whose special problems must surely be of interest to others. Apart from this aspect, there is a duty on the part of each member to make some form of contribution to

JOURNAL

Page Five

Following a suggestion from Townsville, the Department of Labour and National Service has included a panel on the local government service in its Job Information Display. The written material and photographs used in the panel were supplied by members of the Divisional Council. The attention of Divisional Councillors has been given to a number of matters on which the Federal

Council is seeking an expression of opinion.

include-

These

"QIMA".

There is still pressure on a Federal level for the Queensland Division to amalgamate its Journal with the National publication, but the Divisional Council has remained steadfast in its desire to continue with "QIMA", which has now become widely recognised in the State as an integral and important part of the Division's activities. As usual, the sponsorship of suitable advertising has been a problem, but this has so far been overcome by the welcome support of a number of strong business associates with local government interests.

ova

THROUGHOUT THE WORLD

JUNIOR EXAMINATION BURSARIES Bursaries were again awarded in respect of the 1964 Junior Public Examination. John Littlemore, of Mareeba, won the J. C. Slaughter Bursary for boys and Veronica Phipps was granted the J. R. Winders Bursary for girls. Both were the recipients of cheques for £25 to assist in the continuation of their studies to Senior level. John and Veronica have our heartiest congratulations and best wishes.

Easily carried by the handle.

SPECIAL PROJECTS

The Division has advanced a step further with its proposal to secure some upward revision of the Local Government Clerks Board Examination Syllabus. At present, our suggestions are in the hands of the Board for consideration, and it is hoped that we will shortly be called into conference to elaborate on the Institute's recommendations. Our full co-operation has been offered to the Board in the difficult and time-consuming task of preparing a new course of study. a result of the Division's efforts,

strongly supported by the Local Government Association and the Department of Local Government, the way has now been opened for the early institution of a Local Government Superannuation Scheme. The Superannuation Board was constituted early in the year and the scheme is planned to come into operation on 1st October, 1965. Mr. C. G. A. Done, M.B.E., an Honorary Fellow of the Institute and a previous Divisional President, is Chairman of the Board, Mr. A. V. Angove, a Divisional Councillor, is employee's representative, and Mr. G. W. N. Fynes-Clinton represents the Local Authorities. The Secretary, Mr. Kevin Logan, has been admitted as an Associate Member of the Division. As

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Q.I.M.A. JOURNAL

Page Six

Review of organisation and methods; Publicising Council activities; Interstate staff exchange scheme; Expansion of Institute activities; Ways and means of improving the public image of Local Government; Review of the existing constitutions of Local Government Councils and Areas; Ways and means of improving implementation of policy;

Staff relationship; Recruitment, training and quality of staff. Another project recently referred to the Local Government Association was a form of Employment Card for local government employees, devised by Mr. J. C. King and modified by the Divisional Council. Its purpose is to provide a continuous service record, with particular application to a permanent form of record for long service leave. BRANCHES AND GROUPS

The North Queensland Branch remains an active and increasingly important section of the Division. The Branch meets bi-annually and never fails to produce an imposing agenda. The Branch has successfully engendered the interest of the Commonwealth Government in an ambitious and useful proposal for the training of personnel for the administration of local government in the Territory of Papua ad New Guinea. The Toowoomba Discussion Group has likewise continued to function and has met on several occasions during the year. There is strong evidence that the nature of the talks is commanding increasing interest on the part of members of the Division within reach of the centre. Probably the most encouraging move is that proposed by Mr. Jack King, who is taking the lead in steps designed to form a Branch or Discussion Group in the Central West. THE LOCAL GOVERNMENT ASSOCIATION It is our pleasure to report that the Association generally and its Executive in particular continue to afford the Division that form of recognition which engenders a proper and desirable relationship between employer and employee. The common interest is prospering because of the mutual respect between the two organisations. The leadership of Cr. H. G. Behan, M.B.E., and the administration of the Secretariat (Messrs S. G. King, C.B.E., and J. C. H. Gill) are of the highest quality. FINANCE As predicted last year, the Divisional Council has had to increase the annual membership subscription, which, from the 1st July, 1965, will become £4 for both Fellows and Associates. The reasons for the increase were fully explained in the columns of the March issue of "QIMA". It is the only increase since the Division was founded in 1950, and there is no doubt that members will accept it in the knowledge

June,

1965

that the Institute

is important to them, both as individuals and as a group. The funds of the Division have been expended with prudence. The support we have always enjoyed from business associates enabled the organisation of the General Council Meeting in Brisbane with a minimum of expense to the Division. Council appreciates the ready acceptance by Mr. Erwin Glaser of the invitation to assume the office of Honorary Auditor. CONCLUSION We thank all Officers, Divisional Councillors and other Members for their support and co-operation during the year. We are looking forward to greater participation at the 1965 conference, which is to be held in September, and are hoping for strong support for the two-day visit to Warwick and district which is planned for this time. ARTHUR H. FORNO, F.I.M.A., President. J. R. WINDERS, A.I.M.A., Divisional Secretary.

ANNUAL DUES Members recently received notice of their annual dues of £4 for the current financial year. It would greatly facilitate the administration if dues could be paid promptly.

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June,

JOURNAL

Q. I. M. A.

1965

Page Seven

INSTITUTE OF MUNICIPAL ADMINISTRATION Queensland Division LIABILITIES

REVENUE STATEMENT

For the Year ended 30th June,

1965

INCOME s. d.

Subscriptions Less Written off

£480 18

£453 12

Less Prepaid

451 10

Admission Fees Certificate Fees Debenture Interest Bank Interest

15 15 2

4 11

£552

0 11

217

113

2 11

100

54 17

20 18

2 19

9 12

£552

s. d.

£1,463

9 12

1,472 17

£1,474 19

EXPENDITURE

General Council Levy General Council Meeting Divisional Conference Divisional Council Meetings Secretary's Honorarium Junior Bursaries Depreciation Printing, Stationery, etc. Postag es Bank Charges Sundry Expenses Balance-Excess of Income over Expenditure for Year

Prepaid Subscription Accumulations AccountBalance 1/7/64 Add Excess Income

0 11

AUDITOR'S REPORT I have examined the Books and Vouchers of the Queensland Division of the Institute of Municipal Administration for the year ended 30th June, 1965. In my opinion the above Revenue Statement and Statement of Assets and Liabilities are properly drawn up so as to exhibit a true and fair view of the state of the Queensland Division of the Institute's affairs as at 30th June, 1965, and of the results of its activities for the year then ended. E. GLASER, A.I.M.A., F.A.S.A.

Hon. Auditor.

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Quality Joinery STATEMENT OF ASSETS AND LIABILITIES

Bar Fittings

For the Year ended 30th June, 1965 £ s. d. 54 16 2

Cash at Bank Cash on Hand Brisbane City Council Debentures

Typewriter Less Depreciation

Outstanding Subscription

1,400

£20

Patent DemountPartitions, and Orna-

Office Partitions,

able Office

mental Work. Modern Store Display Equipment of

£1,474 19

all Types.

Quotations Given Without Obligation

Page Eight

Q. I. M. A.

JOURNAL

June,

1965

LOCAL AUTHORITIES and

EMPLOYERS' LIABILITY By J. G. THOMPSON

Copy of an Address delivered to the Conference of the North Queensland

Branch, April, 1965 Those of you who are familiar with some of the musical comedies of Gilbert & Sullivan will probably recall the lines which the Lord High Chancellor sings in "Iolanthe":-

"The law is embodiment of everything that's excellent; It knows no kind of fault or flaw, And I, My Lords, embody the law."

That was the Chancellor's modest way of saying he was perfect. In theory, the law, like the Chancellor, is perfect. This is called "a legal fiction". In fact, all lawyers are painfully aware of the law's shortcomings and many lawyers give much time and thought to improving it. Lawyers realise today that the law cannot be static. It must change as thought and social conditions change. Today, I am going to talk about the law of employers' liability. We will see how social conditions have affected the development of this part of the law. Employers' liability is part of the general law of torts. A tort is a legal wrong which gives rise to a civil action for damages. The basis of employers' liability is, generally speaking, negligence. Before we go on to deal with employers' liability a few words must be said about negligence in general. NEGLIGENCE: The law recognises that a duty of care is owed by some persons to others in certain circumstances. If this duty is breached, a right of action for negligence arises in favour of the person who suffers from the breach of duty: Thus, if you drive without keeping a proper lookout and injure me I may sue you for damages for your negligence. The standard of care the law requires is that of the reasonable man of ordinary prudence. Who

is a reasonable man?

Lord MacMillan answered this in the case of Glasgow Corporation v Muir"Some persons are by nature unduly timorous and imagine every path beset with lions; others of more robust temperament, fail to foresee or nonchalantly disregard even the most obvious dangers. The reasonable man is presumed to be free from over-apprehension and from over-confidence." To whom is the duty owed? The answer is "to your neighbour". In the case of Donaghue v Stevenson (The Snail Case) Lord Atkins said:"The rule that you are to love your neighbour becomes in law you must not injure your neighbour and the lawyer's question, 'Who is my neighbour?' receives a restricted reply. You must take reasoncare to avoid acts and omissions which you can reasonably foresee would be likely to injure your neighbour. 'Who, then, in law, is my neighbour?' The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question." A special duty of care is owed by employers to their employees and if this duty is breached then the employee has a right of action against his employer for negligence and breach of duty. Let us consider a theoretical case to see what happens in such an action.

IN POINT: Let us suppose one of your workmen, Jack Smithers, is repairing some guttering on the Council workshop. A rung in the ladder breaks and he falls to the ground and receives a broken pelvis, a fractured leg and a sprained wrist. The first thing you will be aware of is a report on your table. A Workers' Compensation Claim form "4" you will have to complete. Jack Smithers is in hospital some weeks, off work three months and receives several hundred pounds compensation. Then his mates, or his union, tell him he is entitled to more. They tell him "Have a go at common law". A CASE

June,

Q.I.M.A.

1965

The next thing you know you have on your desk a writ claiming damages for negligence and/or the breach of the duty of care owed by the Council to J. Smithers and claiming unspecified damages. Incidentally, Smithers can bring his action for personal injuries within three years of the cause of action arising. You will immediately notify your insurers who win probably instruct the Council's solicitors to act on your behalf and enter an appearance to the writ. Your insurers will probably appoint assessors to investigate the claim and you will give them every assistance and furnish the reports on your file. Whenever an accident happens which could give rise to a common law claim it is wise to get details of all possible witnesses and get statements from them as soon as possible. Please get them early! Get good reports if you suspect legal action may arise. In due course a Summons for Directions and then a Statement of Claim will arrive. Your solicitor will send you a copy of the Statement of Claim and arrange with your insurers to brief Counsel to draw a defence and advise as to whether the action should be fought or settled. What can the Council raise in its defence? Contributory negligence will probably be the basis of any defence. You can perhaps show Smithers knew the ladder was old and had bad rungs.

JOURNAL

Page Nine

Perhaps you can show that there were other good ladders nearby he could have used. Perhaps you can not-perhaps all the ladders were elsewhere that day and only that old one was left in the workshops and the foreman still went ahead with the job saying in the Australian vernacular, "She'll be right mate!" and it wasn't. If the latter case is so, I am afraid the Council will have to settle as best it can. If you have a defence, however, the action will proceed. The plaintiff can deliver a reply to your defence. There can be discovery of relevant documents on both sides, interrogatories can be delivered and answered. These are written questions and answers designed to expedite trial. When all is ready for trial the case will be set down and a date fixed in due course and trial will proceed as required by law before a Judge without a Jury. Your solicitor will take Counsel's advice on Evidence, organise the evidence and Brief Counsel for the trial. The Judge may find the Council wholly to blame, or partly, or not at all. He may find the defendant contributed 25% to his own injuries. Suppose he gives an award of £10,000. He would then apportion 75-25. Your insurance company will have to pay £7500 and costs. Out of the damages awarded, Smithers will have to pay back to your insurers the moneys he was paid for compensation.

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Q.I.M.A. JOURNAL

Page Ten

HISTORY: Let us go back and,dook at the history and nature of employers' liability at common law. This liability existed long before workers' compensation was first introduced in England in 1897. This type of claim first became important and fairly common after the Industrial Revolution: The employers' liability was originally very restricted and based on misguided theoretical concepts of free enterprise and individualism which ignored the workers' weak economic status . . Now, the employers' liability is personal and heavy. Once it was thought an employer could avoid liability by employing competent staff but it was held in 1937 in Wilsons & Clyde Coal Co. v English' that whether his duties are performed by him personally or through servants or agents-he is personally liable for his breach of duty. AT COMMON LAW: The Specific duties of employers are:

Reasonably competent staff: This involves proper training and supervision of staff. 2. Reasonably safe place of work: The safety provisions required will depend upon the degree of risk, e.g., more care in blasting operations than in digging operations. 1.

...June,

1965

The employer doesn't have to be sure that all other places where his men go are safe-e.g., a building inspector falling through the floor of a house in disrepair during inspection. In such a case the occupier may be liable and not the Council. 3. Reasonably safe and proper plant and appliances: To keep a proper check and maintenance and replacement, etc. 4. Reasonably safe system of work: He must devise a safe system and see it's carried out and can't leave men to their own devices, e.g., the mere availability of goggles for welding or drilling is not enough. If they are reasonably needed the employer must see they are used. However, a workman must take reasonable care for his own safety. If he wilfully, without good cause, refuses to wear goggles-he may be liable himself. Note the word reasonable above. What is reasonable in any case? It is for the Judge to decide in all the circumstances. 5. Statutory Duties: In addition to common law principles there are in many industries statutory duties which must be carried out by employees such as under certain Factory Acts which require dangerous machinery to be fenced. If such a duty is breached this may in itself be evidence of negligence.

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Road, CAIRNS Phone 4156. 144 Musgrave Street, NORTH ROCKHAMPTON

Phone

8581.

June,

1965

Q.I.M.A.

DEFENCES: 1.

Contributory Negligence:

A workman must take reasonable care for his own safety.

Dr. Fleming, writing on the Law of Torts, says: "A workman is, of course, expected to exercise reasonabe care for his own safety. At one time this requirement was very rigorously applied so as to deprive him of all relief against the employer, even if -only a slight and casual lapse on his part contributed to

This position has been vitally accident. changed in three respects. First, a workman is today entitled to act on the assumption that his employer's system of work will provide reasonable protection, and he is not required to stop his work and imagine possible risks, unless they become obvious to him. Secondly, it is now explicitly recognised as part of the duty of employers to safeguard workers from the consequences of their own excusable carelessness and inattention. The conditions of industrial employment are given due weight in determining whether an occasional lapse in self -protective care is sufficiently heinous to attract the quality of contributory negligence, and a generous view is taken in drawing the line where 'mere thoughtlessness or inadvertence or forgetfulness ceases and where negligence begins'. A mistake made by a workman, due to inadvertence, usually provides hurry, no longer a defence. This concession is not confined to actions against the employer for breach of a statutory duty of absolute obligation, but applies also to claims for negligence at common law, at any rate where the employee's work is repetitive and performed under, conditions where noise and strain might cause inattention."

the

As I showed before, a finding of contributory negligence results in an apportionment under Joint Tortfeasors (Wrongdoers) Law.

Assumption of Risk: Once if the employer could show that the employee voluntarily assumed the risk, this would be a good defence. 2.

The defence only rarely applies now. It too is a relic of the harsh Victorian era and an unrealistic dogma. Most employees assumed the risk because they had to, or lose the job and thereby starve themselves and their family.

It was said in one case in 1888: "His poverty, not his will, consented to run the danger." The modern view is: Without purporting to lay down any rule of universal application, I venture to doubt whether the maxim can very often apply in circumstances of an injury to a servant by the negligence of his master. When the servant is engaged specifically for the performance of a dangerous duty

JOURNAL

Page Eleven

and the presence of the danger is a mutually recognised element in the bargain of remuneration, the servant obviously undertakes the risk for the sake of higher pay. A good illustration is the task of the (horse -breaker). But in contracts of employment where the service is hazardous and for that reason highly paid, it is not easy to imagine a circumstance in which the hazard causing the hurt to the servant is also attributable to the negligence of the master, and unless it is, the servant who is injured suffers no injury in the legal sense of an actionable wrong, which is the condition of the maxim." Stated in Bowater v Roley Regis Corp. 1944 K.B. by Scott L. J. A similar doctrine still applies in other fields of negligence and is called "volenti non fit injuria". E.g., If you get into a car when you know the driver is "full" and could very well have an accident, you can't complain if this happens and you get hurt. 3.

Common Employment formerly was a defence but it was abolished in Queensland in 1951.

It said, in effect, that if the injury complained

of was caused by a fellow servant, he had no remedy as all workmen should know of another's faults just as much, if not more, than the master. Now, of course, if one servant is injured by the negligence of another, the negligence of the other is imputed to the master. A master is ordinarily liable for the negligence of his servant just as much as for his own personal negligence.

CONCLUSION:

It is important you know of the general position re employers' liability. Especially now that all workers' compensation policies are extended to cover it. More workers are becoming aware of their rights and more action can be expected to be commenced in the future. Another practical consideration which arises out

of the above is the question of safety. The liability of the employer is becoming greater and stricter and

modern thought in the welfare states tends to the idea that the employer must care for his workers and at times almost be a mother and father to them. That is why all great undertakings have special safety departments, safety officers and safety competitions. Accidents and injuries mean lost time, lost income, lost productive work and unnecessary expense and increased insurance premiums and administrative costs.

It seems to me that lack of supervision by employers is one of the biggest factors in industrial accidents. Not only lack of supervision of men but also of machinery and maintenance. Remember, in law, as in medicine, prevention is better and cheaper than cure!

Page Twelve

Q. I. M. A.

JOURNAL

June,

GREAT

THIRST Water, the ,spur to wealth

JAMES HARDIE & D0Y, PTY. LIMITED;

1965

June,

1965

JOURNAL

Q.LM.A.

Page Thirteen

Right back to early days of the colony, Australians felt and stirred to the challenge of 'The Great Thirst.' Men, whose names illuminate our history as the explorers of the inland, became obsessed with one driving urge-to find water perhaps an inland sea or new, wide waterways. Their epic journeys indicated a prospect that today we have come to accept . . . Australia is desperately short of readily -available water. So the search for water and conquest of the wastelands became part of the character of Australians. Since 1887, when a start was made on the first planned large-scale irrigation development in the hot sands along the Murray, Australia's 'Water Men'-irrigation pioneers, conservation planners and engineers, scientists, agricultural advisers, and the men on the land, have waged a continuous battle to bring water to the dry but fertile plains. Their efforts have received the blessing of mighty conservation projects like the 'Snowy Scheme,' Eildon in Victoria, Tinaroo in Queensland, the Ord in the north . . much more remains to be done. The future is a twofold challenge . . the further development of water knowledge and management, and increasing food production. We believe that Australia will play a vital role as a food producer in a hungry world. It is estimated that in just ten years, our own increased population will be eating the equivalent of almost all the food we now export. Yet, today our overseas markets for food are expanding dramatically. Thus, it is anticipated that a 25% increase in production will be required plus whatever is necessary to meet increased export demand. These considerations become important when related to the world situation. It has been stated by Professor J. R. A. McMillan, Dean of the Faculty of Agriculture at the University of Sydney, that "the greatest problem in the world today is the production of food and that the greatest limiting factor to food production is the shortage of fresh water. This applies to crop and animal production. There is hardly any part of the world which is not short of fresh water for agricultural purposes at some time." We believe that irrigation expansion and the gaining of maximum efficiency in the use of our water resources will be vital to our future as a nation and to the prosperity of our people water, will pipe the tune to our progress. .

Hardie's FIBROLITE PIPES FIRSTI NJ AUSTRALIA 1R456

Page Fourteen

Q. I. M. A.

JOURNAL

June,

1965

C. G. A.

Done, M.B.E.

J. A. Sewell

HONORARY LIFE MEMBERS

(Fellows) J. J. Crowley J. Davis E. Ellis A. C. H. Gibbs

W. J. Graham J. L. Kingsford E. A. Latchford (Mrs.) L. J. Lucas

D. J. McGrath G. 0. Morgan

R. F. W. Smith W. J. Smith

FELLOWS P. J. Allen (Thursday Is.) A. V. Angove (Gold Coast) J. F. Barraclough (Miriam Vale) E. H. Birt (Duaringa)

Birtwell (Flinders) R. K. Burow (Surat) C. F. B. Burton (Rosenthal) D. A. Byrnes (Booringa) W. J. Cass (Livingstone) D. C. Christiansen (Goondiwindi) A. W. Clark (Radcliffe) V. T. Corbin (Perry) A.

A. S. Cowley A. W. Dan ('Noosa)

M. R. D'Emden (Taroom) T. Donovan (Emerald) K. L. Doran (Broadsound) L. Ellwood (Allora) W. H. Ewart D. B. Fairbank (Dalrymple) T. H. Farr (Proserpine) T. J. Finney (Bungil) H. A. M. FitzGerald (Mt. Morgan) A. H. Forno (Mulgrave) L. G. Fox (Gold Coast) V. W. Gagen (Rosalie) N. A. Gampe (Albert)

K. J. Gleeson (Crow's Nest) F. Graham (Waggamba) C. H. Grant (Boonah) R. H. L. Grayson (Gladstone) H. E. Hall W. T. R. Harvey (Diamantina) R. V. Hohnke (Biggenden) J. B. Hooper (Banana)

Robinson

J. A. Howard

C. E.

Hunter (Glengallan) R. J. Irwin (Esk)

E. F. Ross G. F. Savage L. F. Schwartz (Paroo) W. F. Serisier J. C. Slaughter, C.M.G. (Brisbane) A. J. Smallwood (Tambo) A. V. Smith (Maroochy) C. E. Smith

D. S. Keable (Cook) E. G. Keating (Kilkivan) C. R. Kelly (Maroochy) J. C. King (Barcaldine) E. W. Lancaster (Beaudesert)

J. H. Landy (Chinchilla) F. T. Lehane (Hinchinbrook) E. G. M. Lowther (Mirani) R. W. Lupton (Maryborough) . T. MacNamara (Jundah) N. Macpherson (Stanthorpe) J. May (Eacham) . J. Maynard (Sarina) J. G. McClelland R. C. McDougall (Belyando) P. M. McDougall (Ch. Towers) E. F. McWha (Calliope) D. J. W. Michael (Townsville) A. G. Milton (Toowoomba) A. W. R. Mitchell (Widgee) R. J. L. Morris (Nanango) F. M. C. Narracott (Murgon) M Neill (Aramac) K. Ogden (Charleville) H. K. Oliver (Kolan) L. A. Payne (Mackay) J. W. Pender (Cardwell) P. A. T. Pesterius (Millmerran) D. R. Phipps (Gatton) J. E. Pointon (Monto) D. E. Pollard (Quilpie) L. T. Purser (Woocoo) .

P. Smith (Gooburrum) V. N. Smith (Ipswich) B. Sole (Mundubbera) G. T. Sowman (Normanton) G. M. Stephenson (Johnstone). A. C. Stewart (Kilcoy) E. H. Stewart (Balonne) K. W. Stuckey (Isis) W. J. Sullivan (Darwin) W. H. Swaby (Moreton) R. H. Swenson (Gladstone)

Thomas (Brisbane) E. Thorley (Dalby) E. Turrell (Cambooya) G. Wassell G. C. Webb (Tiaro) A. J. Wehlow (Laidley) C. D. Wehlow (Richmond) H. J. Whitby (Burrum) C. deG. Williams (Cairns) G. A. Williams (Rockhampton) J. T. Williams (Burke) F. B. Winston (Millmerran) R. H. Younger (Blackall) D. H. C. A.

June,

JOURNAL

1965

Page Fifteen

REGISTER OF MEMBERS (continued) ASSOCIATES T. Abbott (Darwin) I. J. Anderson (Monto) R. B. Arnold (Mareeba) H. J. Ashfield (Mareeba) K. J. Bannah (McKinlay) H. M. H. Becker (Gympie) R. F. Beekor (Eidsvold)

J. Bordujenko E. A. Briggs (Pittsworth) C. B. Campbell (Townsville) A. J. Carswell (Jericho) G. A. Chenery J. Chapman (Boonah) V. F. Clark (Croydon) R. V. Coglan R. G. Crane (Bundaberg) H. H. Crossman (Mt. Isa) E. M. Dennis, Mrs. (Albert) R. G. Dillon (Johnstone) A. E. Dionysius (Woongarra) R. M. Donnelly, Miss (Burrum) E. J. Eckel (Pittsworth) G. Enright (Redcliffe) D. F. Erricker (Flinders) E. E. Evans (Pioneer) B. L. Fox (Gold Coast) D. C. Fox (Beaudesert) K. C. Fox (Jondaryan) S. B. Fursman (Yuleba) S. E. Gatfield (Brisbane) E. Glaser T. J. Gleeson (Boulia)

J. Hamilton (Gold Coast) R. J. Hammett E. J. Harten R. E. Hatherly (Mt. Isa)

H. H. Henderson (Mulgrave) A. R. L. Hodge (Tara) H. R. Hooper (Belyando) K. A. Horn (Radcliffe) B. N. Hunter (Clifton) E. C. Hyland (Pine Rivers) D. G. Ishmael (Moreton) R. J. Ives H. N. Jacobs J. F. Johnson (Ayr) A. W. Keay (Brisbane) N. J. Kent (Bowen) M. H. Kidd (Maryborough) R. Knopke (Kingaroy) P. J. Lawrence (Isisford)

J. C. Littlemore K. G. Logan J. D. Mabbett (Brisbane) D. C. May (Radcliffe) T. V. McAulay (Brisbane) E. M. McCarthy, Miss (Esk) B. C. F. McKee (Dalby) W. T. McLaughlin (Nebo) W. B. Mead (Murilla) I. C. Melville, Miss L. T. Mills (Rockhampton) N. Mills (Atherton) W. F. Moffatt C. W. Morgan (Murilla) G. C. Morris (Wondai) V. I. Muller, Miss A. C. Neville (Eidsvold) J. G. O'Sullivan (Etheridge) F. K. Peters (Warwick) R. Phipps (Belyando) C. K. Purdie (Peak Downs)

W. G. Rauchle (Yuleba) J. V. Regan (Mt. Isa) R. R. W. Reid (Cairns) G. Richardson W. J. Ritchie (Diamantina) G. F. Robbins E. B. Roberts (Landsborough) B. B. Robinson (Toowoomba) S. A. Rolley (Douglas) K. Ryan (Richmond) J. F. T. Scrimgeour (Gayndah) R. M. Seeney (Albert) D. Simpson (Redland) P. R. Slocomb (Bundaberg) D. L. Smallwood (Toowoomba) J. H. Smith J. L. Smith J. R. Smith (Murgon) R. Smith (Caboolture)

M. Staunton D. A. Stigwood, Mrs. (Maroochy) L. D. Thomas P. F. Thorley (Peak Downs) E. J. Thorne (Goondiwindi)

J. Twomey (Warwick) M. Trundle (Herberton) A. B. Venables (Ayr) Victor (Jundah) A. Ward (Cardwell) I. C. Warren (Caboolture) H. S. Weir R. D. Weller (Winton) K. Whitehouse (Albert) J. R. Winders J. L. Wood C. R. Wyatt (Charleville) A.

W. K. G. D.

STUDENTS R. Mackie (Mossman)

T. P. Crompton (Pioneer)

JOURNAL

Page Sixteen

June,

1965

Personal Jottings Ted Eckel, previously with the Taroom Shire, has been Deputy Clerk at Pittsworth since January last. The Divisional Council has granted Associate membership to Kevin Logan, who was recently appointed to the secretaryship of the Local Government Superannuation Board. He had service prior to 1949 as Accountant at Longreach, Chief Clerk (Electricity) at Dalby, and Assistant Clerk at Allora. Others admitted to associateship include Ray Becker (Eidsvold) and Doug Ward (Cardwell), whilst Robert Mackie, of Douglas Shire, has had his name entered on the Student Member roll. Don Christiansen (Inglewood) has been granted re-classification as Fellow, as also has Jim Williams of Burke.

Congratulations to Dave Thomas, who withstood an appeal to gain the appointment of Secretary of the Brisbane City Council Appeal Board, City Service Branch, Department of City Administration.

Recently added to the list of Queensland Justices of the Peace is the name of Lloyd Thomas, our good friend and fellow member in Treasury Department. Alan Twomey joined the Warwick City Council staff in December last in the joint position of Deputy Town Clerk/Accountant.

Current office bearers for the North Queensland Branch are Jack May (President), Gordon Stephenson (Vice-President), Warwick Trundle (Secretary) and Roy Ives and Ernie Evans (Executive).

It is understood that Roy Ives (Thuringowa), who served his "apprenticeship" under Dave Thomas at .

Student member Tom Crompton has left his post at Barcaldine following appointment to a position with the Pioneer Shire.

Edgar Ross recently retired as Clerk of the Murilla Shire Council at Miles after 32 years in the local government service. We wish him good health and happiness in his retirement. His position has been filled by Bill Mead, previously with Longreach and Warwick.

Jack Barraclough has resigned his office at Ilfracombe to fill the vacancy in the Clerkship at Miriam Vale.

WHEN IN BRISBANE, Stay at

Douglas, has resigned the service because of ill health to take up farming in his native district of Mossman. We wish him well in this venture, to which he is apparently no stranger, and trust that his health will rapidly improve.

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1965

Q.I.M.A.

JOURNAL

Page Seventeen

"RESERVES" Copy of Address delivered at North Queensland Branch Meeting at Townsville, 10th April, 1965

By S. A. ROLLEY, A.I.M.A. Before any Local Authority carries out any improvements to any land it should first ensure that it has title to the land whether it be freehold title or some type of lease or a reserve under the control of the Local Authority as Trustee. In some instances before erecting improvements on Crown Land the Council does not ensure that it has control of this land, i.e. where the Council is erecting a toilet block or launching ramp or some such improvement. However it is understood that legislation is at present being enacted to legalise the erection of toilet blocks on roads and esplanades by Local Authorities, which will waive the necessity to obtain some sort of title in respect to the land. A case happened in the Douglas Shire where application had been made by a resident for a special lease of an area of Crown Land in a town. The proposed lease had only been delineated on a town map and the measurements were approximate and no actual survey had been carried out on the ground. A water reservoir had been erected on this piece of land by a Butter Factory which supplied all the townspeople with water but the Butter Factory was no longer operating and its affairs had been completely wound up. Fortunately a few of the townspeople realised that possibly this lease would encroach on this water reservoir and the Council made representations to the Lands Department to withhold the auction sale of the lease which was to have been held within two days, until such time as the Council could ascertain the exact location of the proposed special lease. On a ground measurement it was found that one boundary completely bisected the reservoir. The Department of Lands co-operated fully with the Council and withheld the auction sale until the Council was able to make application for a "Reserve for Water Purposes" and I am sure that it will be found in all cases that this same co-operation is received by all Local Authorities. It was a good point however and it made me fully realise that Local Authorities should ensure they can obtain some sort of title to all land before erecting any improvements thereon.

Now we come to the question "What is a Reserve?" According to "The Land Act of 1962" the definition of a Reserve is-"Includes any land which for the time being is reserved and set apart, or deemed to be reserved and set apart, under this Act for a Public Purpose."

Under the same Act the words "Public Purposes" are defined and 58 objects or purposes are named. However the Department of Lands is not in favour of gazettal of a "Reserve for Public Purposes or Local Government Purposes" and the Department insists that the title of the Reserve be more specific. It is always advisable when applying for a Reserve to have the title cover all possible uses of the land, e.g. a camping area, could be described as "Reserve for Recreation, Caravan Park (Camping Purposes)". It is realised that it is quite an easy matter in most cases to have the name of the Reserve changed at any time if the Local Authority desires to use the land for any other purpose of Local Government. However, a little thought given to the naming of the Reserve in the first instance saves much letter writing to cover a future use and changing the name of the Reserve can sometimes easily be overlooked.

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Q.I.M.A. JOURNAL

To make application for a Reserve it is only necessary that a letter setting out why it is desired that the Reserve be set aside for the particular purpose or purposes be forwarded to the Department of Lands together with a sketch drawn as accurately as possible. The Council's application is then investigated by the Department and if approved the land is gazetted as a Reserve by Order in Council under the control of the Council as Trustee. Likewise Reserves can, with the approval of the Governor in Council, be surrendered at any time. It is advisable if there is ever any likelihood that the Council could desire to sell or lease the land at any time to investigate the possibility of securing some better tenure such as a Special Lease which could possibly be Freeholded at a later date, instead of having a Reserve created. As is the case with all applications for leases from the Department of 'Lands a condition is that if any survey or other costs are incurred these costs must be borne by the Lessee or Applicant. Under Section 363 (1) of "The Land Acts" the Mayor or Chairman for the time being may be appointed Trustee without being individually named and

June,

1965

in every such case the Mayor or Chairman shall during his term be a Trustee. I daresay that the position would only arise where the Mayor or Chairman was say one of two, three or more trustees. The Trustees of any Reserve can sue and be sued and shall, for the purposes of any action or proceeding, be deemed to be the absolute owners of any property real or personal under their control. Where Local Authorities are Trustees of a Reserve it is specifically stated in the Act that the Local Authorities must destroy all noxious plants on such Reserves. Local Authorities are given power under "The Land Acts" to make Bylaws for the purposes of the control, management and regulation of Reserves. The same power to make Bylaws in respect to Reserves is also given under our own Act, "The Local Government Acts". Section 339 (d) of "The Land Acts" provides for penalties not exceeding £50 for any breach of the Bylaws.

I had an occasion to obtain an opinion from the Local Government Association as my Council was concerned regarding functions being held on one of the beaches which is included in a Recreation Reserve under the control of the Council. Litter from the

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1965

food and drink stalls was being left lying on the beach and proving costly for the Council to keep the beach in a clean and tidy condition. The Council has a Bylaw, as is probably the case with practically all Local Authorities, that no person shall set up on any road or land under the control of the Council any vehicle, stall or stand, unless he has a permit from the Council so to do and in conformity with any conditions which the Council may impose. The opinion was that the Council would be in order in making it a condition of the issue of the permit that the sum of £5 should be deposited with the Council as security and clearly stated that the amount would be refunded provided of course that the area was left in a clean and tidy state. The opinion further stated that in his opinion the term "road" would also include "esplanade" assuming that the esplanade would be part of the road system and that the Council would be able to determine beyond

Page Nineteen

any reasonable doubt that the esplanade was under its control. Under "The Land Acts" the Council is required to furnish to the Minister any such information and returns in respect to the trust which he may require. Section 45 of our own Act gives Local Authorities the power to carry out any work or other thing on any Reserve under the control of the Local Authority. The same section gives the Local Authority the power to fence or otherwise enclose, level, drain, plant, and form walks and carriageways through and over any Reserve vested in the Local Authority. The Local Authority may also construct dams and water Reserves and erect buildings and carry out all such further acts as are proper for the adaption of such Reserve for the purposes of public recreation, amusement, health and enjoyment.

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Q.I.M.A. JOURNAL

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June,

that same be completed and any additional conditions inserted that the Local Authority may desire to

It is interesting to note that Local Authorities have only been empowered to borrow loan monies to carry out improvements on Reserves since the amendment Act of 1964. However this insertion was only to confirm the practice that has been carried out by practically every Local Authority throughout Queensland. Leasing of Reserves: This in my opinion is the important aspect of Reserves and it would be in this regard that the Clerk of the Local Authority would have the most dealings. A Local Authority shall not without the prior approval of the Minister in writing lease, or agree to lease the whole or any part of a Reserve under their control. Application for approval to lease any Reserve must be made to the Department for the Minister's approval and be signed by the Trustees and shall state the following particulars as per Section 343 of "The Land Acts":(a) The grounds on which the Trustees consider it necessary or desirable that the whole or part of the land under their control should be leased. (b) The term of the proposed lease and the conditions thereof. (c) The purposes for which such rent is to be applied. The application must be accompanied by a draft of the proposed lease. (In this regard the Department of Lands will on request forward their standard form for the leasing of Crown land and it is only necessary

impose). The following provisions apply to every lease of a

Reserve:-

(a) The term shall not exceed 20 years. (b) The lease shall not contain any covenant or agreement for renewal of the lease or for the purchase of the leased land and the rent to be observed shall be the highest annual rental which can reasonably be obtained. Until a few years ago the Department would not agree to the leasing of a Reserve for a longer period than 10 years, but their policy has changed of late and in particular circumstances the Department will approve of a 20 year lease, but it is necessary that a strong case be presented. Although not stated in the Act the current policy of the Department of Lands is that tenders must be invited for any lease of any or part of any Reserve. When the lease has been executed in accordance with the terms and conditions of the lease it must be forwarded to the Minister for his approval. All monies received from any lease must be used solely for the purposes of the trust, but I would say that if loan money had been borrowed to erect improvements on the Reserve prior to being leased that rental could be credited legitimately to meeting

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June,

Q.I.M.A.

1965 ,11.N411..

The Lessee shall not transfer, mortgage or sublet any part of the lease unless the Lessee has first obtained the written approval of the Minister and the Trustees. If the Minister is satisfied that the Lessee has failed to observe any covenant or condition of the lease which is expressed to be binding on the Lessee, or that it is desirable in public interests to do so he may by notice in writing cancel the lease. If this is carried out the Lessee shall have no right or claim to any compensation whatsoever and any improvements erected by him on the land shall, unless the Minister permits, become the property of the Trustees. The Trustees of land shall not permit or allow any person or body to occupy the whole or any part of the land so granted or reserved for any purpose that is not consistent with the Reservation. The only way a Local Authority can place a Reserve or part of any Reserve under the control of a Sporting Body such as a Tennis Club is by leasing same as outlined. Unless the Sporting Body is granted

JOURNAL

Page Twenty -One

a lease with the consent of the Minister the Sporting Body would not have the power to refuse Non-members the use of the area. I might mention that if any Clerk is not sure of Reserves that have been gazetted in his area he only has to write to the Department of Public Lands and they will furnish a schedule setting out all such Reserves which have been gazetted and the date of the

Gazette notification.

However before leasing a Reserve the Local Authority should give careful consideration whether the land will ever be required for its gazetted purpose and if not whether it should handle the lease or hand the Reserve back to the Department for leasing. This is because when a Local Authority leases a Reserve no agreement or clause can be included for renewal of the lease. This restricts a Lessee from erecting any valuable improvements on the land. In the case of a lease from the Department the Minister can at the end of the term of the lease offer priority to the Lessee in special circumstances.

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Page Twenty -Two

Q. I. M. A.

JOURNAL

Sometimes it is better to request the Lands Department to auction the lease requesting that the Department include a provisional value of improvements to be agreed on with the Local Authority which would have to be paid at the auction or shortly thereafter. It would then be necessary for the Council to negotiate with the Lessee regarding the price to be paid for the improvements existing on the Reserve. If agreement cannot be reached it would then be a matter for the Land Court to determine the value thereof. Where a Reserve is leased by the Lands Department in this manner the value of the improvements received would be paid to the Council. Bathing Reserve: It is also interesting to note that the Amending Act of 1960 gave the Governor in Council power to declare a Bathing Reserve and place same under the management and control of the Local Authority. The Local Authority may provide and operate life-saving services, authorise a Life -Saving Club to operate such services or operate such services in conjunction with a Life -Saving Club. The Local Authority has the power to make Bylaws in respect to such Reserves and some of the points that a Local Authority may cover by Bylaw are specially listed in the "Local Government Acts".

Tree Reserves: In our Act the Governor in Council may declare that any portion of a road shall be a Tree Reserve, provided that the width remaining for public traffic shall in no place be reduced to less than 40' and that no such Reserve shall be of greater length than 40 chains. The Local Authority shall have the control of every such Reserve with the power to fence, and plant and cultivate same. Reserve for Health (Homes for the Aged) : I could here be getting away slightly from the subject of Reserves. However I feel that the following could be interesting to Members especially as more and more Local Authorities are investigating ways and means of erecting "Homes for the Aged". The State Government no longer contributes any subsidy apart from subsidising furnishings up to £250 but a 2 to 1 subsidy is payable by the Commonwealth Government subject to certain conditions. When my Chairman and I were in Brisbane recently we had the opportunity to discuss the erection of such homes with Mr. Bettridge of the Department of Social Services and Mr. Bettridge supplied the information set out here-

under: 1.

That the land must be dedicated as a "Reserve for Health (Homes for the Aged)" to qualify for subsidy. That for a Service Club or other body to erect homes provision would have to be made in their constitution that one of their objects was to care for the aged. That subsidy payable is 2 -3rd of the total cost as determined by the Director -General, or twice the

June,

1965

value of the Organisation's funds expended or available for the project, whichever is the lesser. 4. The Organisation would have to be registered under "The Charitable Acts." 5. Mr. Bettridge suggested that a copy of the Constitution and Rules of "The Longreach and District Aged People's Home Building Society" be obtained. I have since obtained a copy of this constitution as well as a copy of the constitution of the Society formed in the Douglas Shire and approved by the Department. 6. That the Department requires eight single cottages to each unit for married couples. 7. That subsidy is payable up to a capital cost of £2500 for each person to be accommodated. 8. That the Organisation would have to meet 1-3rd of the cost. 9. That the Department does not interfere with the administration of the homes once constructed. 10. That most Organisations charge old people a rental for the homes and that he has seen the rental range from 35/- to £4110/- per week. 11. The Department will subsidise the cost of electric stoves, hot water systems, refrigerators, washing machines, septics, etc., provided the wiring is a fixture and not a lead fitted with a three-point plug. 12. That the State Government will subsidise furnishings up to £250. 13. That the Commonwealth would subsidise built-in furniture, built on the job and built from the floor to the ceiling. 14. That the Architect fees would be subsidised. 15. That it would be necessary that the Reserve be vested in the names of Trustees independent of the Council and suggested three Trustees. 16. That his Department would subsidise practically anything that is a fixture. 17. That donations by a Local Authority are not subsidisable. 18. That money held in trust would be subsidisable so long as the money was not received from any Government or Local Government body. 19. That it would be necessary to have an Architect unless a specific case can be put forward by the Organisation. 20. That it is necessary that full plans, specifications

21. 22.,

23.

and estimates be submitted to the Department for approval prior to inviting tenders for the work to be carried out by contract. That no subsidy is payable in respect to voluntary labour. That Councillors acting in their capacity as private citizens are not regarded as Council nominees and their presence would not affect the Organisation's eligibility for subsidy. That if official Council or Governmental representatives were appointed to the Organisation, that it may well be possible to regard the Organisation as eligible for subsidy provided that these

June, 11

1965

JOURNAL

Q. I. M. A.

Page Twenty -Three

representatives are clearly unable to exercise effective control over its activities. Conclusion:

In my address I have only covered day to dealings with Reserves and a few of the out of ordinary instances that have occurred during limited experience as a practising Shire Clerk.

day the my The

object of this paper is to encourage some interesting and rewarding discussion regarding this subject and if this happens I will be more than satisfied. If there is to be a question time I have a problem that only recently occurred and I have not had the opportunity to obtain the answer. Maybe some other member has had experience regarding this matter and will be able to enlighten us all.

* * Sale of Land for Arrears of Rates Report to North Queensland Branch of the Institute of Municipal Administration By ARTHUR H. FORNO,

The Department of Local Government advised:"The Local Authority has power to sell land when rates for any one year are in arrears for three years. The rates become in arrears immediately after 30 days after the service of the rate notice. If the rate notice for the first of the three years was served on 1st September, 1961, and the whole of the rates owing in respect of that year were not paid, then the Local Authority may proceed to sell the land on 1st October, 1964."

Relating to the questions raised at the last half yearly conference concerning Sale of Land for Arrears of Rates, I have taken up with the Department of Local Government (both by verbal approach and in writing) and with the Local Government Association of Queensland. Opinions are the same in each case but deal much more fully with the side issues than was the case with the concise opinions tabled by Mr. P. McDougall at the last conference. 1.

Interpretation of "Three Years in Arrear". The question was:"Is it that for rates to be three years in arrears in respect of the provisions of Section 27 the calculation is not from 30 days or 60 days after the issue of the rate notice for the particular year in respect of which rates longest owing were levied, but rather the rates become in arrears immediately after the 30th June in the year for which they were levied?" The Local Government Association advised:"I have always advised councils to proceed on the basis suggested by you, my object being to avoid the inconvenience and cost of unnecessary litigation. There is, however, an argument to the contrary. This is based on the provisions regarding settlement of rates appearing in Section 27 (11) (i) of 'The Local Government Acts'. On this argument, the rates become due and payable thirty days after the issue of the rate notice (Section 27 (1) (ii)) and the power to sell arises three years after the rates have become due in accordance with this calculation. The argument does not take into account the definition of 'Year' in Section 3 (1) of the Acts, and although I understand it has some judicial sanction, I am inclined to adhere to the opinion which I have always expressed, and which is in conformity with your remarks."

.A.S.A., F.I.M.A.

Payment of Rates by Instalments. The question

was:-

"Is there a specific statutory authority requiring a local authority to accept rate payments by instalments or can a local authority refuse to accept part payment of rates-particularly if it is evident that such part payment is for the purpose of taking the subject land out of the category of being liable for service of notice relating to sale of land for

arrears of rates?" The Local Government Association advised:"Amongst other things, rates when levied constitute a legal debt from the ratepayer to the Council, and are subject to the general incidence of the law of debtor and creditor. If a part payment were tendered, and such tender refused by the Council, the ratepayer would subsequently in any Court action have open to him a defence of tender in respect of that amount, and although he would still have to pay the full amount owing, the Council might possibly have to bear some proportion of its legal costs of the proceedings. Similarly, I do not think that by refusing a part payment you preserve the right to sell for arrears of rates under Section 27 (11). If the part payment fully

Page Twenty-Four

Q. I. M. A.

JOURNAL

liquidates the rates giving right to the power of sale, the right to sell is gone in any event. If it does not liquidate such rates, then the right to sell for arrears is not affected. In the former case, I think that a plea of tender on the part of the ratepayer would be accepted by the Courts as a ground for restraining the Council from proceeding with the sale." The advice from the Department of Local Government was:"I would be inclined to accept the conditional payment, unless, as stated by you, there is a very good reason why the payment should not be accepted. It should be borne in mind that the exercise of the power to sell land should be regarded as a last resort. The Local Authority is vested with wide powers in the matter of recovery of rates." 3. Payments after Service of Notice of Sale. The submission was:"After Notice of Sale is served, the payment of an amount on account does not in any way prevent the sale from proceeding, because after the service of the Notice of Sale, the law says that the sale shall proceed unless the rates due and in arrear in respect of the said land are sooner paid. 'The rates' relates to all of the rates and therefore payment of the amount which may have been three years in arrears does not in any way take the land out of the sale. For instance, if the total amount shown on the Notice of Sale was £350 and prior to the date for the sale an amount of £349/19/6 was in fact paid, the Council could still proceed with the sale because the amount of 6d. was still owing. In other words, the rates due and in arrear at the time of the serving of the Notice of Sale had not been paid." The Local Government Association advised:"I agree with the position as stated by yousee Section 27 (11) (iii) (a) of the Acts, which

June,

1965

refers to 'rates due and in arrear', which is different from the words 'any rates . . . etc.' in Section 27 (11) (i)." The Department of Local Government advised:"Once procedure is lawfully commenced by a Local Authority to sell land for arrears of rates, the sale proceedings may only be terminated by the payment of all rates due and payable in respect of that land, together with the expenses of sale incurred to date in connection with the proposed sale." 4. Qualified Payments. Coupled with question 2 above I also asked:"Where a part payment of rates is made the local authority must credit such payment to the rates longest owing unless the person making payment designates that the payment is to be otherwise credited. If by such means of payment some portion of rates levied are in arrears for the prescribed time, can Notice of Sale be served and followed through in the usual way?" However, this part of the question was not answered, so I quote my own experience on this question. Some years ago I had the experience of a ratepayer disputing certain charges for garbage services and each year rates levied were paid with the -exception of the garbage charges for the particular year. Of course no discount was allowed by me. On each occasion I obtained from the ratepayer written advice of the conditional payment and stating on each occasion that the particular amount of garbage charges for the particular year remained unpaid. As soon as permitted by law a Notice of Sale was served (the only outstanding rates were the particular garbage charges and interest thereon, which incidentally the ratepayer had also left unpaid). The ratepayer's solicitor ultimately advised his client and the rates in question were paid in full about half an hour before the sale was to take place.

Local Government in Papua and New Guinea In our last issue we had an editorial which referred to the development of local government in the Territory of Papua and New Guinea. The article has attracted the interest of the Commissioner for Local Government for the Territory, who has expressed his appreciation of the offer of assistance by the Australian Council of Local Government Associations and by the Institute.

He has provided some very interesting up-to-date statistics of local government in the Territory, which show that, at the end of 1964 there were 97 Councils, with a total membership of 2,676, covering a population of 991,845. As at 30th June, 1965, these figures had grown to 109 Councils, a membership of 3,010 and a population of some 1,188,165 covered. The latter figure represents just over half the native

population.

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