Local Government, Public Justice and the “Separation of Powers”

How can a serving policeman stand for public office. When did that change to our system of public governance come in? Why? 

Last time Nurturing Justice discussed the current “constitutional crisis” which has enveloped the Queenscliffe Borough Council. The term “constitutional crisis” may appear to some readers to be too strong, somewhat sensationalistic. Part of the crisis, I would maintain, is that though everyone knows that the election was compromised by the electioneering deceit of the candidate who won the most votes and subsequently became the Mayor, there has been only concern among electors that the election was compromised and among Councillors, State Government politicians and major parties it would seem that things just go on as usual. And that only deepens the crisis; our Borough’s constitutional crisis includes a widespread malaise and even if there is some concern about what has transpired in the Borough’s coffee shops, there is little evidence of a political effort to find a remedy.

As I pointed out last time, those who consider that local politics must be “above politics” will simply continue to see the Borough’s “situation” in such a-political terms. They probably won’t even see it as a “crisis” at all. The Liberal Party continue to ignore the impact of the crisis upon their own standing in the State electorate of Bellarine.

The Liberal Party machine is so politically incompetent – it is almost as if this is the distinctive characteristic of their political contribution to the entire system of Government at all levels; it is a persistent feature of their political contribution that they continue on, despite the scandals as if being blind that their own party’s crisis is part of their own party’s ongoing political contribution. They do not see themselves as part of the ongoing structural crisis in public governance in which they have been instrumental since 1974. They do not see their party in this way possibly because too many people are members who simply see the party as a path-way to their own status enhancement in the community. They do not seem to appreciate that their too-smart-by-half strategic attempt to use the Queenscliffe Mayor for their own electoral advantage had to back-fire.

As for the Mayor, or more accurately the person who occupies that office, he may well have resigned his Presidency of the Bellarine Liberal Party because of  potential “conflict of interest”. But what “conflict of interest” was it? Was it not because he is a Senior Sergeant in the police force and such a Presidency means he has to face an Opposition going ballistic over law and order issues. He has shown no sign whatsoever of appreciating the deeper “conflict of interest” between his public duties as a policeman and his standing as a Council candidate! To raise this will probably meet the same old “that is a cheap shot” accusation (his words to me in a phone-call in relation to my Geelong Advertiser letter) but the issue is not about “personalities”. To imply that it is, is a red herring.

The issue is about the constitutional presumption of a separation of powers in our system of public governance. The arm of law making is separated from that of law enforcement. To say it once again, the question is: how is it that a Senior Sergeant can be allowed to stand for public office in an LGA election?

Now what is obvious here is that the Liberal Party’s political opponents, the Labor Party,  have not actually drawn attention to this issue. They should have. Their silence is appalling. We should not thank them for their failure to speak up and explain. And so we have many people in the Borough, and across the State electorate (within which the Borough is located), now bemused and confused by this situation. Resident after resident continue to put it in these terms:

I would have thought that a serving policeman cannot stand for public office. When did that change come in? Why?

With that question on the lips of many, many citizens another dimension of our national political crisis is disclosed. I am referring to the fact that the citizens no longer know how our system of Public Governance has changed. We no longer know basic facts about the system for which we remain responsible and accountable. We have not been adequately informed about how the regulations governing our hard-working, even over-worked, law-enforcement officers, have been tweaked to allow “community involvement” to include standing for public office in an LGA.

And why are we ignorant? Here we confront again the brokenness of our public governance – and the major political parties have to take responsibility for this. They continue to stave off bankruptcy by fighting yet another election with all the electoral rubbish they send into our letter-boxes – paid for with public funds – they have the hide to convene raucous and inflammatory public meetings stirring up public fears about law and order as if their own time in Government has nothing to do with what they are complaining about and try to blame their opponents. And yet their involvement in political education is non-existent at local levels. Political understanding of how our system is formed withers. The lack of political education programmes at local levels by these bloated electoral machines tell us their operations are designed to keep us ignorant. And at the same time we will hear hollow talk about the responsibilities of electors to whom the elected members are supposedly accountable.

This is another root of our deep political crisis. We are dealing with the consequences of a way of “doing politics” that has dissolved the primary accountability of those elected to their electors. Public governance, at all levels in our Federated Commonwealth, is being swept along by a politically ignorant, populist and elitist class lurching to an unbridled authoritarianism. We may sneer at what has engulfed the American polity in recent times. But one root of our own political crisis is the political viewpoint among Australian citizens that local government has been, is and always should be, above politics.

As the current Mayor tried to tell us during the election last year: “I am not a politician!” This is nonsensical. And much of our political crisis starts on our own front door step because we refuse to acknowledge our own responsibilities for the way we are governed, and instead give free reign to such political nonsense.

In a further post, “Local Government, Public Justice and Community Health Care“, we will discuss how this same deep political crisis has manifested itself in the ongoing regional dispute following the vandalisation of innovative and creative local initiatives in aged care. This series of posts aims to explore the complexity of local politics and indicate how it is being shaped by legislative and political developments further afield, beyond any one LGA’s area. But first we will pinpoint with greater precision the very serious misuse of political power by the Liberal Party in the above-mentioned crisis.

BCW  9.7.17

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