Recently, a comment appeared in response to this article. Quoting: “… as McDonald’s had the law on its side, it was time for the protesters to turn their attention into lobbying for a greater cause, to get the law changed for the benefit of the greater hills community in the future.”
In fact, we ARE protesting for greater cause. This protest is NOT soley about having or not having a McDonalds here in Tecoma. It’s really about the way they trampled the Democratic Process to bully their way in. Their request for a permit was clearly and unambiguously turned down by our local council in a unanimous decision, following the submission of an unprecedented number of written objections to their application, having deemed it “unacceptable” and inappropriate. The planning laws in Victoria, specifically clause 65, constitutes the local council’s authority to make this determination.
McDonalds, not satisfied with the democratic outcome, took their case to VCAT, which is comprised of “members” who are appointed by the queen’s representative in Victoria. They are not elected. They need not be judges. They need not even be lawyers. In fact, VCAT, strictly-speaking, isn’t even a court. And yet, it has the power to override any local council decision, so long as it is “legal”. What constitutes a “legal” VCAT decision is so over-broad that they can do pretty much anything they like so long as it isn’t clearly criminal.
And, just to make sure you understand how undemocratic VCAT is, how little your voice, my voice, and the voice of all or friends and neighbours matter anymore, the recent VCAT decision against Stonnington confirmed their stance that community objection is “irrelevant”, regardless of how many object.
THIS is the larger issue: Our democracy in Australia is being replaced with unelected, unaccountable institutions that can decide the fate and composition of OUR communities, forcing us to bear the consequences of their bad decisions.
This may be “legal” in a strict sense, but it is by no means moral. Despots throughout history have always claimed to be acting within the law — that is fundamental to what a dictatorship is, law as dictated by one person. But, we live in a democracy, and our Law is meant to be a reflection of the norms and mores of the community who live by it. WE say what the law is, WE give the government power to author it and enforce it. When that reflection becomes distorted, it isn’t the community that must adapt; it is the Law which must be changed.