October 14, 2022
The South Burnett Regional Council has joined with Western Downs council to put forward a motion at next week’s Local Government Association of Queensland (LGAQ) conference to address some of the road-funding issues afflicting local councils.
The motion, which will be debated by Council representatives from across Queensland, calls on the State Government to increase Road Maintenance Performance Contract (RMPC) funding.
SBRC CEO Mark Pitt told southburnett.com.au this funding had not increased in real terms since Council amalgamation in 2008.
RMPC is the funding allotted to the Department of Transport and Main Roads and then passed on to local councils to repair roads under contract on the State-controlled network.
The motion calls on the State Government to increase the funding to cover “the significant number of unfunded defects” that exist on State roads.
The councils are seeking funding linked to the actual condition of the roads.
“This will reduce the risk that these currently unfunded defects put on councils,” the joint submission states.
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In a separate motion, the LGAQ policy executive has put forward a motion calling on the State Government to amend the Civil Liabilities Act 2003 in the wake of a 2020 Supreme Court judgment (Goondiwindi Regional Council v Tait).
A female motorcycle rider who was injured after she struck a large pothole in a floodway in 2016 successfully sued the council for damages.
The rider said the council had responsibility for maintaining that section of road as part of its contractual arrangement with the State of Queensland under an RMPC and that warning motorists was part of its maintenance obligations.
The case hinged on the fact that temporary signs erected by council stating ““rough surface” and “reduce speed” had fallen over.
Council’s appeal to the Supreme Court against the original decision was dismissed.
The LGAQ motion calls on the State Government to amend the Act and RMPC contracts to strengthen indemnity provisions and address concerns the case has created for the 55 councils with RMPCs, ie. imposing the same liability for State-controlled roads as exists for council-controlled roads, without any extra funding.
“The implications of Goondiwindi v Tait are yet to be fully understood however the case has given legal affect to road stewardship, which could result in an increase in the number of claims,” the submission states.
“As councils are liable for these legal costs, even successfully defended claims would impose costs on councils.”
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The LGAQ conference is being held in Cairns from October 17-19.
The South Burnett Regional Council will be represented by Cr Gavin Jones, Cr Kirstie Schumacher, Cr Scott Henschen, Cr Jane Erkens and CEO Mark Pitt.
