Grassroots law

Keeping up with fast-changing environmental and other legislative responsibilities at local government level are the focus of popular courses at the Macquarie University Centre for Environmental Law.

“If you work in local government or interact with it on any basis, whether as a corporation, business, community interest group or individual, you need to understand how it operates,” says Susan Shearing, Director of the Australian Environment Law Program. “Local government has an extremely active role to play with respect to environmental issues including planning, heritage, biodiversity conservation and, pollution. In addition, issues of local government accountability and transparency in decision making are of increasing importance and the focus of much public scrutiny.”

Shearing is an academic lawyer whose research interests include heritage law and water law. Since 1994, the Centre has run postgraduate courses in local government law, and it currently offers a Master of Environmental and Local Government Law, and a Diploma and Certificate in the same fields.

Sharing experience

Students include architects, town planners, lawyers, council staff and councillors. All units are offered as intensive courses, meaning that students meet and interact for two very full days. Groups average around 20, and throughout the course there is regular contact with staff.

“Students bring a great variety of skills and rich experience to the intensives,” says Shearing. “We look at case studies illustrating practical applications of the law. We also invite guest speakers, experts in their fields. Last year John Mant, who played a key role in the developing the Local Government Act 1993, addressed students. John talked about the background to the legislation and current challenges facing local government.”

Obligations and liabilities

“It’s important that there’s someone in every business at a senior level who is aware how local government works, and how it interacts with State and even national government,” Shearing says.

The Local Government Law unit considers the various avenues of local government accountability, including ICAC, Ombudsman, and Departmental inquiries into local government. Developments in case law are summarised in the context of challenges to council decision-making. Non-lawyers are updated on the basic legal framework needed to understand and if necessary question decisions. “We tailor the courses to meet the needs of a range of students,” says Shearing.

Macquarie University Centre for Environmental Law

Those who want to deepen their knowledge in an international context can undertake  a PhD within the Centre. “It’s a fun place to work and study,” says Shearing. “We have a good mix of expertise and interests among the staff, and some wonderful students, including many international students.”

Postgraduate students often become involved with Centre research projects as volunteers.

Potential doctorates involving local government could include comparative studies of accountability and transparency mechanisms in local government decision-making processes or examining ways of financing local government through, for example, public-private partnerships which might enable local government to better fulfil its responsibilities.

For further information, contact Susan Shearing via email: susan.shearing@law.mq.edu.au

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