Local Government Association Response to the Economic and Finance Committee Inquiry into Rate Capping SUBMISSION July 2015 We are not hearing from our community that the rates are too high, they actually want more services. During our recent strategic planning consultation with over 1000 responses, we only had 21 response in regards to rate levels and not all were stating they were too high on the contrary we had 211 requesting road upgrades, 185 increased levels of sport and recreational facilities and 164 wanting more alternative transport (footpaths and cycleways). Rate capping would cripple and stagnate our growing community and stop our community having the service levels it wants. – District Council of Copper Coast Economic and Finance Committee Inquiry into Rate Capping Local Government Association of South Australia – Submission – July 2015 Table of contents Introduction ................................................................................................................. - 3 Background ............................................................................................................. - 4 What is Rate Capping? ............................................................................................ - 6 Rates Capping in other Jurisdictions ........................................................................... - 6 New South Wales .................................................................................................... - 6 Victoria..................................................................................................................... - 7 The South Australian Context ..................................................................................... - 8 Local Democracy ..................................................................................................... - 8 Council Planning into the Future .............................................................................. - 9 Financial Sustainability in the Context of Rate Capping ............................................ - 12 Maintaining Financial Sustainability ....................................................................... - 13 Understanding Movements in Council Rates and the CPI ...................................... - 14 External Cost Pressures ........................................................................................ - 16 Conclusion ................................................................................................................ - 17 Bibliography .............................................................................................................. - 18 - -2-|Page Economic and Finance Committee Inquiry into Rate Capping Local Government Association of South Australia – Submission – July 2015 Economic and Finance Committee Inquiry into Rate Capping Introduction Local Government Association of SA (LGA) The LGA is a membership organisation for all Councils in South Australia and is the voice of Local Government in this State. The LGA is created by Councils and endorsed by the South Australian Parliament through the Local Government Act 1999 (the Act) and 29 other South Australian Acts. All 68 Councils are members of the Association, as is Anangu Pitjantjatjara Yankunytjatjara. The LGA provides representation, quality service and leadership relevant to the needs of member Councils. The LGA also operates specific units/entities providing: all public liability and professional indemnity cover for all SA Councils; all workers’ compensation cover for all SA Council employees and associated Local Government bodies; asset cover for SA Councils; and extensive education and training; industrial relations; procurement; online services and a research and development scheme. The LGA is involved in the operation of (and establishment of): the Local Government Finance Authority; StatewideSuper – Trust the Local; and Public Library Services. The LGA has a formal State/Local Government Relations Agreement with the Premier of the State, and is a constituent member of the Australian Local Government Association. Local Government in South Australia Local Government in South Australia (SA) comprises 68 Councils of which 19 are metropolitan Councils and 49 are rural or regional Councils. A large land area of the State is not incorporated under the Local Government Act but for the purposes of the Commonwealth Local Government (Financial Assistance) Act comprises five Aboriginal communities and the Outback Communities Authority. The Constitution Act 1934 (SA), the Local Government Act 1999 (SA), the Local Government (Elections) Act 1999 (SA) and the City of Adelaide Act 1997 (SA), create the primary legal framework within which Local Government operates and the four-yearly election process which underpins the representative nature of Councils in this State. The Local Government system in SA is integral to the democratic system of government in Australia which provides vital economic, social and environmental support for communities. SA Councils manage approximately $21 billion of infrastructure and operating expenditures of about $1.9 billion a year (2012-13 figures). Councils receive significant Commonwealth and State funding and work in partnership at the local level for communities. Local Government in SA is typified by: high standards of operational competence and accountability; sharing resources, working consultatively and cooperatively with other Councils and other spheres of government; low net debt and conservative management of finances; and expanding roles and increases in standards of service to respond to community demands, other governments and service gaps. -3-|Page Economic and Finance Committee Inquiry into Rate Capping Local Government Association of South Australia – Submission – July 2015 Background The LGA welcomes the opportunity to provide comment to the Economic and Finance Committee (EFC) on their inquiry into rate capping. Local Government, as a sector, believes that it must retain autonomy and flexibility in determining locally raised taxation revenue. We are comfortable in having a discussion on rates capping as it provides an opportunity for the community to understand why Council rates, as only 3% of tax taken, gains more interest than the remaining 97% taken by the State and Federal Governments. This Inquiry also provides the opportunity to provide clarity on what the implications may be on Councils and communities, should rate capping be imposed. $500 $450 $400 $350 Billions $300 $250 Local Government $200 State Government Commonwealth $150 $100 $50 $0 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 Financial Year Graph 1 – Total national taxation revenue per sphere of government (Australian Bureau of Statisticsb, 2015). This inquiry also provides the opportunity to discuss the balance between perceived short term gains from minimisation of rates and the potential for an inter-generational transfer of burden. The Local Government sector provides a broad range of services to South Australian communities and contributes very markedly to the quality of life enjoyed by all. Collectively, South Australian Councils have responsibility for $21 billion worth of community infrastructure and other assets with an annual revenue of $1.9 billion. Local Government employs 8,702 FTE people across the state while approximately 10,000 people find meaningful volunteering opportunities through their Council. As at 30 June 2013 South Australian Councils had net financial liabilities of $536 million and an operating deficit across the entire sector of only $1 million. Councils across South Australia are characterised by a diverse mix of population demographics, environment, geographical location and revenue raising capacities. While many of the services provided by South Australian Councils are legislatively mandated, there are also distinct differences in services reflecting the needs and preferences of local communities. The types and levels of services Councils provide vary -4-|Page Economic and Finance Committee Inquiry into Rate Capping Local Government Association of South Australia – Submission – July 2015 depending on for example demographic factors and the geography of the region they serve, the individual Council’s financial circumstances, and the community’s ability and willingness to pay. Graph 2. Average Council spending by function using Local Government Grants Commission data 2012-13. SA 63% NSW 18% 34% VIC 46% TAS 47% 36% 10% 7% 19% 18% 28% 8% 7% Taxation revenue Sales of goods and services WA 22% 42% QLD 30% NT 28% 0% 20% 23% 23% 22% 33% 26% 40% 11% 31% 16% 60% 7% 4% Interest income Other revenue Current grants and subsidies 28% 80% 100% Graph 3 – Share of total Local Government Revenue The table above highlights that South Australian Councils are more dependent on rate revenue than is typically the case elsewhere. In other jurisdictions Councils often receive higher levels of grants from other spheres of government and have access to greater levels of other revenue, e.g. developer contributions for new works. -5-|Page Economic and Finance Committee Inquiry into Rate Capping Local Government Association of South Australia – Submission – July 2015 What is Rate Capping? Rates capping is the imposition of an upper limit on the rates revenue able to be generated by a Council in a period, for example expressed as a percentage increase over the amount generated in the previous year. New South Wales (NSW) is the only Australian jurisdiction where rate capping (referred to as rate pegging) exists. However, Victoria is planning to introduce a form of rate capping commencing in 2016-17. In NSW, rates capping means that the overall rate revenue across the Council cannot increase by more than a predetermined percentage (calculated to attempt to take into account average movements in Local Government costs since the preceding period). A cap on the aggregate amount of rate revenue a Council is able to generate should not be confused with a cap a Council might itself apply to an increase payable by an individual ratepayer in any year. This is what Councils in South Australia are already invited to do. Section 153(3) of the South Australian Local Government Act 1999 states that: A council must, in declaring a general rate under this section, determine whether it will fix a maximum increase in the general rate to be charged on any rateable land within its area that constitutes the principal place of residence of a principal ratepayer (and a council is, by force of this subsection, authorised to fix such a maximum). This form of rate capping is currently utilised in 32 of the 68 Councils within South Australia as a result of their own policy decisions. It does not constrain total rate revenue generated. As a result of annual movements in the relative assessed value of properties for rating purposes and possible adjustments in the structure of the rating methodology applied by a Council (e.g. minimum rates, fixed charges, differential rates etc.) the actual increase payable by an individual ratepayer can vary markedly from the average. For example, a Council’s rating decision might result in an increase in rates payable, on average, of 3% but most ratepayers would notice a rates change either greater or lesser than this. The decision to implement a cap and the percentage of a rate cap varies in each Council based on local circumstances. Currently the rate cap, for those Councils that choose to apply one, varies between 4% and 25% with the most common being 15%. Some also apply a lower cap for concession card holders. A Council’s power to implement a rate cap is already embedded in the Act. The possible introduction of a new, externally imposed rate cap mechanism, on top of the current process would create another layer of bureaucracy, red tape and impose added costs on all South Australians. Rates Capping in other Jurisdictions New South Wales Rate capping (pegging) in NSW was introduced in 1977 and has been refined over time. It is important to note that arrangements do not prevent individual Councils applying for a rate increase. Decisions regarding the cap limit and applications for increases beyond the cap are made by the New South Wales Independent Pricing and Regulatory Tribunal (IPART). The rate cap does not apply to stormwater, waste collection, water and sewerage charges (Ipart.nsw.gov.au, 2015). The rate cap is predominately based on the NSW Local Government Cost Index (LGCI), which measures price changes over the past year for goods, materials and labour used by -6-|Page Economic and Finance Committee Inquiry into Rate Capping Local Government Association of South Australia – Submission – July 2015 an average Council. From this LGCI a productivity factor is deducted to strike a balance between ensuring that Councils meet their increased costs of delivering services resulting from price changes and ensuring that Council share productivity gains with ratepayers (Ipart.nsw.gov.au, 2015). In NSW rate capping comes at a significant cost to the Councils and involves unwarranted complexity, costs and constraints at both Council and State level to administer (Independent Local Government Review Panel, 2013. Page 42). In March 2012 the then NSW Local Government Minister, the Hon Don Page MP, appointed an Independent Local Government Review Panel. Tasked with looking at ways to strengthen the effectiveness of Local Government in NSW, this Panel concluded the NSW rate capping system has led to various unintended consequences including: unrealistic community expectations that rates should be contained indefinitely; excessive cuts in expenditure on infrastructure leading to mounting asset renewal and maintenance backlogs; despite the ability to apply to IPART for a special rates variation over and above the rate cap, there is a reluctance amongst Councils to do so as it is seen as politically risky and the process is too costly and complex – requiring a disproportionate effort for an uncertain gain; and, underutilisation of borrowing finances due in part to the uncertainty whether any increases in rates, needed to repay loans, would be approved by IPART (Comrie, 2015). In 2013, 23 of 152 Councils applied for a Special Rates Variation from IPART, enabling a rates increase higher than the rates cap. Yet figures for the 2011-12 financial year show that 83 councils would have needed to increase rates and annual charges by more than 5% to achieve a break-even operating result. The Panel concluded that: whilst there is certainly a case for improving efficiency and keeping rate increases to affordable levels, the rate [capping] system in its present form impacts adversely on sound financial management. It creates unwarranted political difficulties for councils that really can and should raise rates above the peg to meet genuine expenditure needs and ensure their long-term sustainability. The Panel can find no evidence from experience in other states, or from the pattern and content of submissions for Special Rate Variations, to suggest that councils would subject their ratepayers to grossly excessive or unreasonable imposts if rate [capping] were relaxed (Independent Local Government Review Panel, 2013. Page 42). The Panel was of the view that rate capping is very costly relative to the benefits it delivers. Millions of dollars are spent each year by Councils and state agencies on preparing, reviewing and determining applications when the actual cost impact of the proposed rate increases on households would often have been no more than $1 per week (Independent Local Government Review Panel, 2013. Page 43). It concluded that as a result of rate capping the financial sustainability of many Councils in NSW - and their capacity to deliver the services that their communities need - had declined, and a significant number were near crisis point (Independent Local Government Review Panel, 2013. Page 7). Victoria In January 2015, the Essential Services Commission of Victoria received terms of reference to consider and report on the development of a state-wide capping and variation framework for Council rates. The Commission is required to complete its final report by 31 October -7-|Page Economic and Finance Committee Inquiry into Rate Capping Local Government Association of South Australia – Submission – July 2015 2015 with the intention that a rate capping system will take effect from the 2016-17 financial year (Essential Services Commission, 2015. Page iii). Victoria previously had a rate-capping system in place in the mid-1990s associated with the introduction of wide-scale compulsory Council amalgamations and boundary changes. Initially there was a rate reduction of 20% and rate increases were capped for 3 years. One of the impacts was that Councils deferred capital spending on infrastructure. After the following State election, the controls were released and Local Government rates rose in excess of general price movements to generate the revenue required to undertake warranted but previously postponed infrastructure renewal and upgrades. The autonomy of Local Government is integral to the management of local communities and the delivery and maintenance of key community infrastructure and services across South Australia. The experience of New South Wales has shown that rate capping does not improve Local Government or its communities. Rather, rate capping delays or prevents the delivery, maintenance or improvement of services desired by the community, including services delivered by infrastructure. The South Australian Context Local Democracy A fundamental principle of any sphere of government is the ability of that government to govern based on the needs of its community. Elected Members and Council staff, typically living in the communities they serve, make decisions from a local perspective and are often the closest point of contact between people and any sphere of government. A system that will erode a Council’s ability to respond to its community is simply not supportable. Local Governments consult often with their communities to find local answers to local problems. Through community groups, regular stakeholder engagement on various matters, and genuine personal contact, Local Government is the most accessible and most appropriate conduit for Australians to communicate with their leaders and decision-makers. The major question that arises when discussing rate capping is the respect for a democratically elected sphere of government versus an externally imposed mechanism that would constrain a Council’s ability to raise needed revenue. Each Local Government is accountable to its community for ensuring that its financial governance practices are transparent. Furthermore each Local Government has a long-term financial plan, covering a period of at least 10 years, to ensure that the provision of services desired by the community are sustainable and affordable in the long-term, commensurate with Councils’ legal responsibilities. Councils have a legislative obligation when setting rates, to take into account the financial effects of the decision on future generations (Local Government Act 1999, Section 150(c)). This is as it should be. A community, through its Council, should not leave payment for today’s services to future generations. Furthermore, Councils are also responsible to ensure that it uses its resources in an effective and efficient manner. Experience interstate shows that the introduction of rate capping would either restrict service delivery to the community or, if services are maintained, would postpone the financial burden of today’s services onto future generations. -8-|Page Economic and Finance Committee Inquiry into Rate Capping Local Government Association of South Australia – Submission – July 2015 This includes the cost of services provided by Councils, through their maintenance of a vast network of roads, footpaths, drains, culverts, bridges, and buildings which in the care of Local Governments. Revenue sources available to Local Government must ensure autonomy, financial stability, sustainability and accountability of South Australian Councils, both collectively and individually. The introduction of any rate capping mechanism would undermine the capacity for Councils to control their own revenue-raising which is contrary to the fundamental concept of a democratically elected government. Council Planning into the Future The setting of Council rates in one year is not done in isolation from longer-term perspectives. Council rates are set each year, with regard not only to today’s ratepayers, but also impact or legacy left for future ratepayers – ensuring both financial sustainability and inter-generational equity. This planning is done through Long Term Financial Plans (LTFPs), Asset Management Plans (AMPs) and Annual Business Plans (ABPs). Long Term Financial Plans Under current legislation, Councils prepare and adopt LTFPs which are reviewed at least annually so that Councils can continually re-evaluate the impact of their decisions on current and future ratepayers. These LTFPs are prepared using a number of stated assumptions which reflect an assessment of the current economic climate and predictions on variables which might impact on Councils’ operations. The process is repetitive and assumptions are reviewed every 12 months using updated information and predictions on performance. A LTFP, therefore, is a useful tool that enables a Council to understand the impact on its rates and borrowings for the level of affordable services (including infrastructure renewal) that its community expects. One input into the LTFP is an AMP which is a requirement of the Act to ensure that a Council is responsibly managing its portfolio of infrastructure and other assets, as a key component of achieving and maintaining financial sustainability. AMPs include plans for each major asset class,1 and foreshadow future funding requirements for each asset, based on the expected useful life and condition of each asset and the community’s desire for affordable service levels from these assets. This ensures that assets can continue to provide efficient, effective and affordable services to the community. LTFP modelling undertaken by the City of Charles Sturt has indicated that, should rate increases be capped to CPI, Council operations would not be sustainable. As a result, Council would incur ongoing operating deficits over the longer term if services and infrastructure were maintained to current levels. This modelling demonstrates that rate capping would lead to unwelcome choices; either erosion of service levels (e.g. decay of infrastructure) or an increase in operating deficits, either of which would impose burdens on future ratepayers. 1 Roads, footpaths, drains, culverts, bridges, community wastewater management schemes recreation facilities, etc -9-|Page Economic and Finance Committee Inquiry into Rate Capping Local Government Association of South Australia – Submission – July 2015 Annual Business Plans In setting rates, Councils are governed by the Act which provides flexibility for Councils to determine revenue raising and expenditure decisions that best suit the circumstances and preferences of their communities. As a result, the way one Council structures its rates differs from another. Before setting rates each year, Councils must develop an Annual Business Plan and budget. Under section 123(2) of the Act, an Annual Business Plan must: Include a summary of the Council’s long-term objectives as set out in its strategic management plans; Include an outline of the Councils objectives of the financial year, the activities that the Council intends to undertake, and the measures (both financially and nonfinancially) that the Council intends to use to assess the performance of the Council against those objectives; Assess the financial requirements of the Council and set out a summary of proposed operating expenditure, capital expenditure and sources of revenue; Set out the rates structures and policies for the financial year while assessing the impact of the rates structure and policies on the community based on modelling undertaken or obtained by Council; and Take into account the Council’s long-term financial plan and relevant issues relating to the management and development of infrastructure and major assets by the Council. Unlike other governments, Councils are required under the Act to release draft Annual Business Plans for community consultation, in accordance with their public consultation policy, prior to finalising those plans and adopting a budget and setting rates. This public consultation must, in the least include: Publication in a newspaper circulating within the area of the Councils of a notice informing the public of the preparation of the draft Annual Business Plan and inviting the community to attend a public meeting (at least 21 days after the publication of the notice) or a meeting of the Council for a period of a least 1 hour. The opportunity for interested persons to make written submissions in relation to the matter within a period stated in the notice. The Council must contemplate and consider any submissions made either at its meeting or written. Councils follow a thorough and formal process to weigh up the range and level of services that residents and ratepayers want and are willing to pay for. No one likes paying more than necessary but Councils strive through transparent consultative processes to get the balance right between services and revenue-raising. In addition, because Councils undertake their activities at the local level, the efficiency and value of what they do is far more visible and open to scrutiny and feedback. Their ratepayers (who are also their electors) ensure that Councils are necessarily constantly vigilant to opportunities to improve productivity and reduce costs and thus keep rates at levels no higher than necessary. Although widely publicised, some Councils have indicated that feedback during the ABP process remains relatively low. However, comments received are often to request additional services or support current projects or service levels. This process enables the community to have its input and oversight into a range of Council services provided. Therefore, to remove the community input over the level and range of services and associated rates required and to replace (or augment it) with a mechanism for rates capping - 10 - | P a g e Economic and Finance Committee Inquiry into Rate Capping Local Government Association of South Australia – Submission – July 2015 via an external committee seems at odds with the democratic and transparent process required through ABP consultation. Setting Council Rates To determine who pays how much, a Council (having determined its annual business plan and budget) uses individual property values as the basis for distributing, between ratepayers, the targeted level of revenue to be raised by rates. The total rates paid by the community (plus any grants received from other spheres of Government, and any usercharges or other revenue) will equal the amount of expenditure set in the budget. As the budget amount is determined annually through the ABP process, Councils do not gain windfalls from any increases in the valuation of properties. Example Calculations:2 Scenario 1: Total Council property valuation - $3,500 million Total revenue to be raised by rates - $11.25 million $11.25 million = $0.003214 (cents) $3,500 million The rate in the dollar is $0.003214. A property valued at $350,000 would have total rates payable of $1,125 (calculation: $350,000 x $0.003214=$1,125). Scenario 2: A property boom has occurred resulting in a 10% increase in property values. The valuations of all properties within the Council now total - $3,850 million Total revenue to be raised by rates remains - $11.25 million $11.25 million = $0.002922 (cents) $3,850 million The rate in the dollar now becomes is $0.002922. The property value has increased by 10% to $385,000. Using the new rate in the dollar and valuation, the total rates payable remain $1,125 (calculation: $385,000 x $0.002922 = $1,125). Scenario 3: The housing market has hit a slump and property values have decreased by 7%. Total Council property valuation - $3,271 million Total revenue to be raised by rates remains - $11.25 million $11.25 million = $0.003439 (cents) $3,271 million The rate in the dollar is $0.003439. 2 For purposes of simplicity the effect of the application of minimum rates or fixed charges is not shown in these examples. Such mechanisms would impact to some extent on the calculated rate in the dollar but not on overall revenue raised. - 11 - | P a g e Economic and Finance Committee Inquiry into Rate Capping Local Government Association of South Australia – Submission – July 2015 The property value has decreased by 7% to $327,100. Using the new rate in the dollar and valuation, the total rates payable remain $1,125 (calculation: $327,100 x $0.003439 = $1,125). Financial Sustainability in the Context of Rate Capping In late 2005, the LGA established a Financial Sustainability Program (FSP) in response to the findings and recommendations of an Independent Inquiry into the Financial Sustainability of Local Government (the Inquiry) (Local Government Association of South Australiaa, 2015). This inquiry found that many Councils had large annual shortfalls against the optimum level of expenditure needed for maintaining and renewing existing infrastructure, to provide desired service levels. In effect, 10 years ago, our communities were using infrastructure which would, and was beginning to, fall apart – and which would have been left to the next generation to fix up. The Inquiry noted the very high proportion of infrastructure that Local Governments managed compared with other governments and the private sector. Since 2005, the Local Government sector has turned around its financial performance. The 2014 SA Local Government Financial Indicators Report revealed that, taken as a whole, the Local Government sector has achieved an approximately break-even operating result since 2007-08 (Local Government Association of South Australiab, 2015). $10 $0 -$10 $ million -$20 -$30 -$40 -$50 -$60 -$70 2012-13 2011-12 2010-11 2009-10 2008-09 2007-08 2006-07 2005-06 2004-05 2003-04 2002-03 2001-02 2000-01 -$80 Graph 4 – Local Government Sector – Operating Surplus/(Deficit) The chart suggests that for many years until 2007-08, our communities were, on average, living off their accumulated assets rather than paying their way. We were on a path of wearing out vital infrastructure and putting off until the next generation the challenges of renewal. Since then Councils have increased their spending on warranted asset renewal, replacement and upgrade as the chart below shows. Councils are required to prepare infrastructure and asset management plans to guide their capital expenditure decisions and these plans are developed with community consultation and take into account community - 12 - | P a g e Economic and Finance Committee Inquiry into Rate Capping Local Government Association of South Australia – Submission – July 2015 service level preferences and capacity and willingness to pay. Where Councils have increased rates at levels above the CPI in recent years one of the major factors has been to upgrade, renew and maintain assets at levels in line with community service level preferences and to a schedule intended to maximise asset life, and minimise whole of life asset costs. 700 600 $ million 500 400 Capital Expenditure on New/Upgraded Assets 300 Renewal and Replacement Capital Expenditure 200 Total Depreciation 100 2012-13 2011-12 2010-11 2009-10 2008-09 2007-08 2006-07 2005-06 0 Graph 5 – Local Government sector – Capital expenditure and depreciation Maintaining Financial Sustainability Maintaining financial sustainability requires an ongoing three-way balancing act. Each Council must make annual decisions on how to achieve balance in: 1. Expenditure; 2. revenue; and 3. service levels. Changing one of the three parameters identified above, will affect the other two. For example, a Council may choose to: 1. Increase (or decrease) expenditure – o to provide resourcing for more/better (or fewer/worse) services which would o require increased (or decreased) revenue 2. Increase (or decrease) revenue – o to fund increased (or decreased) expenditure, which would o fund an increased (or decreased) range and/or quality of services, 3. Increase (or decrease) the quality or level or range of one or more services which would require; o more (or less) revenue; and o more (or less) expenditure Balancing decisions of this type are made by Elected Members in the context of: - 13 - | P a g e Economic and Finance Committee Inquiry into Rate Capping Local Government Association of South Australia – Submission – July 2015 The Council’s Strategic Management Plans (SMPs) covering a minimum four-year period, which must include the Council’s LTFP and its long-term infrastructure and asset management plan; and The Council’s annual business plan, a draft of which is circulated for community consultation. The Council’s SMP requires the Council to think in the longer-term about the nature of financial sustainability. The framework for a Council’s SMP ensures that the short-term interest of current ratepayers is balanced against the longer-term interests of a Council’s community, in ensuring financial sustainability: A Council’s long-term financial performance and position is sustainable where planned long-term service and infrastructure levels and standards are met without unplanned increases in rates or disruptive cuts to services (Local Government Association of South Australiac, 2015). If a Council were to be subject to an arbitrary rate cap (a prohibition against raising rates by more than a specified percentage) then it would be attempting to achieve and/or maintain financial sustainability (and maintain services to its community) with constraints upon one-third of its range of options. Without access to sufficient revenue to meet long-term community preferences for services, balance may still be achieved (i.e. financial sustainability might still be maintainable) but the resultant short-term approach (i.e. enforced compromises on community-desired services) would not be an optimal result. Understanding Movements in Council Rates and the CPI Often the media, public and Members of Parliament ask why rises in Council rates differ from changes in the Consumer Price Index (CPI). The usual implication in these questions is that Council rates should generally rise no more than the CPI. However, this comparison represents a conceptual misunderstanding of the nature of CPI and its appropriate use. In Australia, the CPI measures changes in the price of a fixed basket of goods and services, acquired by household consumers who are resident in the eight State and Territory capital cities (Australian Bureau of Statisticsa, 2015). The CPI is used for various purposes, but its principal purposes are to measure general price inflation experienced by households, changes in the purchasing power of household incomes and wares, and measure changes in living standards (Australian Bureau of Statisticsc, 2015). In 2014 the LGA commissioned an information report from the South Australian Centre for Economic Studies (SACES) to provide a comparative understanding of Council Rates and CPI movements. This report explains that the CPI is not a measure of price changes facing non-household entities such as Local Government. Local Government faces significantly different cost pressures, to cover its wide range of services, including services delivered by infrastructure such as roads, footpaths, drains, bridges, culverts, recreation facilities, community wastewater management systems, buildings, etc. Local Government sets property rates in response to various factors including general price information affecting Local Government, policy decisions regarding changes in the level of services and community infrastructure provided to local communities, changes in demand for particular services and changes in financial support provided by other spheres of government. In recognition that the CPI is a poor indicator for Local Government, the Local Government Price Index (LGPI) is instead used by the sector and represents the movements in prices - 14 - | P a g e Economic and Finance Committee Inquiry into Rate Capping Local Government Association of South Australia – Submission – July 2015 associated with the goods and services consumed by Local Government in South Australia (South Australian Centre for Economic Studies, 2014). The Australian Bureau of Statistics (ABS) was commissioned by the SA Local Government Financial Management Group to develop the LGPI as an independent and reliable measure of price movements faced by Local Government in South Australia. Since September 2009, the South Australian Centre for Economic Studies has accepted responsibility for annual revision of the LGPI. The LGPI is a chained Laspeyres price index which represents an arithmetic average of the pure price change of items based on expenditure patterns on the previous year. Annual Council expenditure data provided by the Local Government Grants Commission (LGGC) is used to produce expenditure weights. These weights are then combined with select ABS price indices to determine the indices’ contribution to a total expenditure LGPI (Adelaide.edu.au, 2015). The LGPI addresses only changes in the costs of existing services. It does not address issues such as the expansion or improvement of any existing services or reductions in grant funding. Nor does it address any community wishes for wider, improved or expanded services, nor any changes to standards or higher legislation compliance costs imposed by other spheres of Government. Equally, it does not address efficiency gains or cuts to services. While the LGPI is a useful tool for Councils in preparing annual budgets and developing LTFP, it does not represent a quasi-indication of how Council rates should change in any given year. Ultimately, Council budgets and rates must be set in the context of a Council's Strategic Management Plan, community consultation, and decisions about the level of services and revenue required each year. Table 1. Local Government Price Index in comparison to the Adelaide Consumer Price Index, Annual Series (Adelaide.edu.au, 2015). Year 2000/01 2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Local Government Price Index Index % change from previous year 100.0 n/a 102.9 2.9 107.0 4.0 111.6 4.3 115.1 3.1 119.1 3.5 123.7 3.9 128.5 3.8 134.3 4.5 138.1 2.8 142.9 3.5 148.2 3.7 152.3 2.8 155.8 2.3 Adelaide Consumer Price Index Index % change from previous year 100.0 n/a 102.7 2.7 106.8 4.0 110.0 3.0 112.7 2.4 116.2 3.1 119.3 2.6 123.2 3.3 127.1 3.2 129.8 2.2 134.0 3.2 137.5 2.6 140.3 2.0 143.9 2.6 - 15 - | P a g e Economic and Finance Committee Inquiry into Rate Capping Local Government Association of South Australia – Submission – July 2015 160 150 Index 140 130 Local Government Price Index 120 Adelaide Consumer Price Index 110 2013/14 2012/13 2011/12 2010/11 2009/10 2008/09 2007/08 2006/07 2005/06 2004/05 2003/04 2002/03 2001/02 2000/01 100 Financial Year Graph 6. A comparison of the increase in CPI versus LGPI from 2000-01 to 2013-14 financial years. External Cost Pressures As previously stated, the LGPI addresses only changes in the cost of existing services. It does not take into consideration the increasing external cost pressures faced by Local Government which are often outside of a Councils control. These external pressures occur when utilities or other spheres of government move service or program delivery to Councils without adequate funding, or unilaterally increase charges to Councils. Should these services or charges be continued, Councils must fund the shortfall through increasing rates or by reducing delivery of the services which have been requested by the communities they represent. In recent years external cost pressures which have contributed to the level of rate increases include, but are not limited to: A Federal budget decision in 2014 to pause indexation (annual increase in grants based on population changes and increases in the CPI) of Financial Assistance Grants for a period of three years commencing on 1 July 2014 with a reduction in real terms of $12 million in SA, in the first year of the freeze alone; Removal of Supplementary Road Funding for SA Councils ($18 million pa) in the 2014 Federal Budget. This was not reinstated in the 2015 budget. Legislation granting mandatory 75% rates rebates for housing associations and continued movement of housing stock from the State Government to housing associations, pushing the rate burden onto other property owners who do not qualify for this rebate; Increases in the State Government solid waste levy from $5 (metropolitan) / $2.50 (regional) in 2002-03 to an anticipated $57 / $28.50 per tonne in 2015-16; Increases in the Emergency Services Levy; Licensing requirements under the Water Industry Act 2012 when operating a retail water service including Community Waste Water Management Systems (CWMS); and - 16 - | P a g e Economic and Finance Committee Inquiry into Rate Capping Local Government Association of South Australia – Submission – July 2015 Increased requirements to perform building inspections without any capacity to recover any costs. Conclusion Council rates are determined transparently through a robust consultation process. Councils work hard to get an appropriate balance between expenditure, revenue and services. Any externally imposed rate cap will reduce a Council’s capacity to get this balance right. Local Government is comfortable in having a discussion on rates capping because it provides an opportunity for the community to understand why Council rates (representing only 3% of taxes paid) gains more interest than the remaining 97% tax take by the State and Federal Governments. Findings from New South Wales are that capping comes at a significant cost to Councils and involves unwarranted complexity, costs and constraints to administer at both Council and State level (Independent Local Government Review Panel, 2013. Page 42). Local Government is experiencing increasing external cost pressures which are often outside of a Council’s control and, without access to sufficient revenue to meet community preferences for services, Councils would have to adopt enforced compromises on community-desired services, including maintenance of infrastructure. Local Government would welcome further discussion to explore enhanced community engagement in the process of setting Local Government strategic priorities, annual business plans, and rates. - 17 - | P a g e Economic and Finance Committee Inquiry into Rate Capping Local Government Association of South Australia – Submission – July 2015 Bibliography Adelaide.edu.au, (2015). The South Australian Centre for Economic Studies | Local Government Price Index. [online] Available at: https://www.adelaide.edu.au/saces/economy/lgpi/ [Accessed 2 Jul. 2015]. Australian Bureau of Statisticsa, (2015). Consumer Price Index FAQs. [online] Available at: http://www.abs.gov.au/websitedbs/webfaq.nsf/home/consumer+price+index+faqs#Anch or1 [Accessed 10 Jul. 2015]. Australian Bureau of Statisticsb, (2015). 5506.0 - Taxation Revenue, Australia, 2013-14. [online] Available at: http://www.abs.gov.au/ausstats/abs@.nsf/mf/5506.0 [Accessed 2 Jul. 2015]. Australian Bureau of Statisticsc, (2015). 6461.0 - Consumer Price Index: Concepts, Sources and Methods, 2011. [online] Available at: http://www.abs.gov.au/ausstats/abs@.nsf/Products/6461.0~2011~Main+Features~Cha pter+2,Purposes+and+uses+of+consumer+price+indexes?OpenDocument [Accessed 3 Jul. 2015]. Comrie, J. (2015). Rate Capping - What can we learn from the NSW experience?. [online] Available at: http://www.finpro.org.au/media/pdfs/professional_development/John_Comrie_Present ation_May_28_20151.pdf [Accessed 2 Jul. 2015]. Essential Services Commission, (2015). Local Government - Rates Capping Variation Framework Consultation Paper. [online] Available at: http://www.esc.vic.gov.au/getattachment/e2d0f133-231e-4544-8f4664174c679b70/Consultation-Paper-Local-Government-rates-capping.pdf [Accessed 30 Jun. 2015]. Independent Local Government Review Panel, (2013). Revitalising Local Government. [online] Available at: http://www.localgovernmentreview.nsw.gov.au/documents/LGR/Revitalising%20Local% 20Government%20-%20ILGRP%20Final%20Report%20-%20October%202013.pdf [Accessed 30 Jun. 2015]. Independent Pricing & Regulatory Tribunal (2015). IPART - Rate Peg. [online] Available at: http://www.ipart.nsw.gov.au/Home/Industries/Local_Govt/Rate_Peg [Accessed 30 Jun. 2015]. Local Government Association of South Australiaa, (2015). Independent Inquiry into the Financial Sustainability of Local Government. [online] Available at: http://www.lga.sa.gov.au/page.aspx?c=8801 [Accessed 2 Jul. 2015]. Local Government Association of South Australiab, (2015). SA Local Government Sector Financial Indicators Report 2014. [online] Available at: http://www.lga.sa.gov.au/webdata/resources/files/2014%20Financial%20Indicators%20 report.pdf [Accessed 2 Jul. 2015]. Local Government Association of South Australiac, (2015). Financial Sustainability Program (FSP) - LGA. [online] Available at: https://www.lga.sa.gov.au/page.aspx?u=769&reqUrl=FSP&print=1 [Accessed 10 Jul. 2015]. - 18 - | P a g e Economic and Finance Committee Inquiry into Rate Capping Local Government Association of South Australia – Submission – July 2015 South Australia State Government, (1999). Local Government Act 1999. [online] Available at: http://www.legislation.sa.gov.au/LZ/C/A/LOCAL%20GOVERNMENT%20ACT%201999/ CURRENT/1999.62.UN.PDF [Accessed 30 Jun. 2015]. South Australian Centre for Economic Studies, (2014). Understanding Movements in Council Rates and the CPI. [online] Available at: http://www.lga.sa.gov.au/webdata/resources/files/Understanding%20Movements%20in %20Council%20Rates%20and%20the%20CPI%20-%20Final%20(3).pdf [Accessed 30 Jun. 2015]. - 19 - | P a g e