The Australian High Court has enforced the power of Local Councils to impinge on human rights and civil freedoms, opening up the possibility of the establishment of gated municipalities based on ideology.
A majority of the High Court held that the Local Government Acts empowered the Council to make the impugned provisions. The impugned provisions were a valid exercise of the Council’s statutory power to make by-laws for the good rule and government of the area, and for the convenience, comfort and safety of its inhabitants
The decision of the high court will encourage ideological Councillors such as Green Councillors Cathy Oake, Rohan Leppert to impose restrictions such as Richard Foster’s proposed Citywide smoking ban.
In the absence of greater oversight of local councils we are likely to see the rise of the Nanny Council
Unlike State and Federal Parliaments there are minimal checks and balances on local council’s creating local laws designed impose their will over minority communities.
It is now incumbent on State Governments to reign in and limit the right of local Council to impose local laws in isolation with State and Federal laws.