Women Speak Tasmania believes that genuine community wellbeing depends on local councils serving all residents fairly and impartially. This detailed analysis of the Local Government Act 1993 — the principal legislation governing Tasmania’s 29 councils — shows that the Act establishes equal treatment and service to the whole community as the foundation of good local governance.
1. Purpose of the Act
The long title of the Local Government Act 1993 makes the intent clear:
“An Act to provide for local government and establish councils to plan for, develop and manage municipal areas in the interests of their communities…”
The legislation consistently refers to “the community” in the singular. This framing treats the municipal population as one shared community, not a collection of separate identity groups with competing claims.
2. Core Functions of Councils — Section 20
Section 20(1) defines the fundamental functions of every council:
(a) to provide for the health, safety and welfare of the community;
(b) to represent and promote the interests of the community;
(c) to provide for the peace, order and good government of the municipal area.
Section 20(2) further states:
In performing its functions, a council is to consult, involve and be accountable to the community.
Analysis:
The repeated emphasis on “the community” (used five times in this section) imposes a clear statutory duty to act for all residents and ratepayers collectively. The Act contains no requirement for councils to develop targeted action plans or advisory groups based on sexual orientation, gender identity, or any other personal characteristic. Nor does it authorise councils to prioritise the interests of one demographic over others.
Councils that choose a universal “treat everyone equally” approach — as Dorset Council has done — are acting squarely within the letter and spirit of the law.
3. Functions of Councillors — Section 28
Individual councillors have these functions (s.28(1)):
(a) to represent the community;
(b) to act in the best interests of the community;
(c) to facilitate communication by the council with the community;
(d) to participate in the activities of the council;
(e) to undertake duties and responsibilities as authorised by the council.
Collectively, councillors must:
- Develop and monitor strategic plans and budgets;
- Determine policies for the efficient provision of services and management of assets;
- Ensure the fair and equitable treatment of employees;
- Facilitate planning and development in the best interests of the community;
- Appoint and monitor the General Manager.
Councillors must also comply with the Code of Conduct, which requires impartiality, honesty, and the avoidance of conflicts of interest or perceived favouritism.
Analysis:
Councillors are elected to represent the community as a whole, not to act as advocates for particular lobby groups. Creating special advisory structures or policies for one identity group (while offering no equivalent for women, families, elderly residents, or others) risks breaching the duty to act impartially and in the best interests of the entire community.
4. Functions of the Mayor — Section 27
The Mayor’s additional functions include:
(a) to act as a leader of the community of the municipal area;
(b) to carry out the civic and ceremonial functions of the mayoral office;
(c) to promote good governance by, and within, the council;
(d) to act as chairperson of the council and support fair decision-making;
(e) to act as the spokesperson of the council.
The Mayor must also represent accurately the policies and decisions of the council.
Analysis:
The Mayor’s role is to lead the whole community and uphold good governance. Publicly supporting identity-specific plans in some councils while others maintain equal treatment can appear divisive rather than unifying.
5. Key Principles Running Through the Act
- Consultation, involvement, and accountability are owed to the community (not to self-selected advocacy groups).
- Decisions must serve the best interests of the community.
- Councillors and mayors must act with impartiality and avoid favouritism.
There is no statutory basis in the Act for ring-fencing resources, staff time, or policy development around one particular group.
6. Implications for Rural and Regional Tasmania
In smaller rural councils with limited budgets and staff, the fairest and most practical approach is to deliver core services (roads, waste, planning, community safety, facilities) equally to all residents. Focusing on shared challenges — such as rural safety, mental health, economic pressures, and social connection — strengthens community cohesion.
Targeted identity-based plans and advisory groups, by contrast, can:
- Divide residents into “deserving” and “less deserving” categories;
- Divert scarce resources from universal services;
- Undermine the sense of a single, united community.
7. Conclusion
The Local Government Act 1993 is unambiguous. Good local governance in Tasmania rests on equal treatment, impartial representation, and dedicated service to the whole community.
Treating every citizen and resident equally is not a failure of inclusion — it is the legal and practical foundation for peace, order, good government, and genuine community wellbeing.
Women Speak Tasmania urges all Tasmanian councillors and mayors — especially in rural areas — to uphold the clear intent of the Act: serve all residents without discrimination or favouritism. Policies that unite the community, rather than single out particular groups, will best deliver the health, safety, and welfare that Section 20 demands.
Reference:
Tasmania Legislation. Local Government Act 1993 (version current from 1 July 2025 to date). – https://www.legislation.tas.gov.au/view/html/inforce/current/act-1993-095