cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

 

18 July 2018

 

NOTICE OF Ordinary Council Meeting

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Tuesday 24 July, 2018 commencing at 2.00pm, at the Cabonne Council Chambers, Bank Street, Molong to consider the undermentioned business. Please note that there will be a meeting for the Australia Day Committee at the conclusion of the ordinary meeting.

 

 

 

Yours faithfully

SJ Harding

GENERAL MANAGER

 

 

ORDER OF BUSINESS

 

1)       Open Ordinary Meeting

2)       Consideration of Mayoral Minute

3)       Consideration of General Manager’s Report

4)       Resolve into Committee of the Whole

a)    Consideration of Called Items

b)    Consideration of Closed Items

5)      Adoption of Committee of the Whole Report

 

 

 

 

 

 

 

 

 

 

ATTENDEES – JULY 2018 COUNCIL MEETING

 

 

2:00pm

Matt Beuzeville – Molong Central School

 

 


 

 

http://cc2k/intranet/images/cabonne%20Council%20colour.JPG

 

 

 

COUNCIL’S MISSION
“To be a progressive and innovative Council which maintains relevance through local governance to its community and diverse rural area by facilitating the provision of services to satisfy identified current and future needs.”
 

 

 


         

 

 

 

 

 

 

 

 

COUNCIL’S VISION
Cabonne Council is committed to providing sustainable local government to our rural communities through consultation and sound financial management which will ensure equitable resource allocation.
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 24 July, 2018

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 5

ITEM 2      DECLARATIONS OF INTEREST....................................................... 5

ITEM 3      DECLARATIONS FOR POLITICAL DONATIONS.......................... 6

ITEM 4      MAYORAL MINUTE - APPOINTMENTS........................................... 6

ITEM 5      COMMITTEE OF THE WHOLE........................................................... 7

ITEM 6      GROUPING OF REPORT ADOPTION.............................................. 8

ITEM 7      CONFIRMATION OF THE MINUTES................................................. 8

ITEM 8      REVIEW OF ORGANISATIONAL STRUCTURE............................. 9

ITEM 9      DELEGATION OF AUTHORITY....................................................... 10

ITEM 10    EXCLUSIVE LICENCE TO QUARRY - SMALL MINES............... 12

ITEM 11    2018 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE. 13

ITEM 12    CUDAL COMMUNITY CHILDREN'S CENTRE.............................. 15

ITEM 13    INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN FINAL QUARTER REVIEW............................................................................ 16

ITEM 14    POLICY DATABASE - REVIEW BY COUNCIL WITHIN 12 MONTHS OF ELECTION................................................................................................................. 16

ITEM 15    REVOTED EXPENDITURE FOR UNCOMMENCED WORK LISTED IN THE 2017/2018 BUDGET............................................................................ 21

ITEM 16    CARRY FORWARD OF INCOMPLETE WORKS COMMENCED IN THE 2017/2018 BUDGET AS AT 30 JUNE 2018 ...................................................... 22

ITEM 17    ARTS OUT WEST MEMBERSHIP................................................... 23

ITEM 18    EVENTS ASSISTANCE PROGRAM 2018/19................................ 25

ITEM 19    REQUEST FOR HERITAGE FUNDING - REAPAIRS TO YARN MARKET'S COACH HOUSE, GIDLEY STREET, MOLONG............................................ 31

ITEM 20    BE SEEN BE SAFE CAMPAIGN...................................................... 32

ITEM 21    QUESTIONS FOR NEXT MEETING................................................ 34

ITEM 22    BUSINESS PAPER ITEMS FOR NOTING...................................... 34

ITEM 23    MATTERS OF URGENCY................................................................. 35

ITEM 24    COMMITTEE OF THE WHOLE SECTION OF THE MEETING... 36

Confidential Items

 

Clause 240(4) of the Local Government (General) Regulation 2005 requires Council to refer any business to be considered when the meeting is closed to the public in the Ordinary Business Paper prepared for the same meeting.  Council will discuss the following items under the terms of the Local Government Act 1993 Section 10A(2), as follows:

 

ITEM 1      CARRYING OF COMMITTEE RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING

Procedural

ITEM 2      MAYORAL MINUTE - GENERAL MANAGER'S PERFORMANCE REVIEW

(a) personnel matters concerning particular individuals (other than councillors)

ITEM 3      ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING

Procedural

ITEM 4      CONTRACT 928328 MANAGEMENT OF CANOWINDRA SWIMMING POOL, GASKILL STREET, CANOWINDRA, NSW, 2804

Procedural

ITEM 5      CONTRACT 933807 RESTORATION OF ORANA HOUSE CANOWINDRA NSW 2804

(d) (iii) commercial information of a confidential nature that would, if disclosed, reveal a trade secret (Contains the tendered prices.)

ITEM 6      LEGAL ACTION

(g) advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege

ITEM 7      REQUEST FOR CONSIDERATION OF SEWER CHARGES FOR ACCOUNT 9168000009

(b) matters in relation to the personal hardship of a resident or ratepayer

ITEM 8      REQUEST FOR CONSIDERATION OF WATER CHARGES FOR 4553680002

(b) matters in relation to the personal hardship of a resident or ratepayer

ITEM 9      REQUEST FOR CONSIDERATION OF WATER CHARGES FOR 808000004

(b) matters in relation to the personal hardship of a resident or ratepayer

ITEM 10    REQUEST FOR CONSIDERATION OF WATER CHARGES FOR 4667121109

(b) matters in relation to the personal hardship of a resident or ratepayer

ITEM 11    REQUEST FOR CONSIDERATION OF INTEREST CHARGES FOR RATES A15437 AND SEWER ACCOUNT 2884000007

(b) matters in relation to the personal hardship of a resident or ratepayer

ITEM 12    DEBT RECOVERY REPORT OF OUTSTANDING DEBTS

(b) matters in relation to the personal hardship of a resident or ratepayer   

 

ANNEXURE ITEMS

 

ANNEXURE 10.1  Exclusive Licence to Quarry - Small Mines documentation                                                                                                    37

ANNEXURE 13.1  IPR Final Quarter Review 2017/2018..................... 75

ANNEXURE 14.1  DRAFT - Corrupt Conduct - Reporting to ICAC Policy         124

ANNEXURE 14.2  DRAFT - Donations Policy....................................... 136

ANNEXURE 14.3  DRAFT - Privacy Management Plan Policy... 140

ANNEXURE 14.4  DRAFT - Public Interest Disclosures (Internal Reporting) Policy................................................................................. 207

ANNEXURE 14.5  DRAFT - Policing in the Cabonne Area Policy 225

ANNEXURE 14.6  DRAFT - Communications and Media Policy.. 227

ANNEXURE 14.7  DRAFT - Cabonne Council CHSP Policies and Procedures                                                                                                 232

ANNEXURE 15.1  List of Revotes  Meeting........................................ 308

ANNEXURE 16.1  List of Carried Forward Meeting.................... 309

ANNEXURE 18.1  2018 EAP Cabonne application_.pdf................. 310

ANNEXURE 18.2  2017-18 Events Assistance Program Application Form - MAG.doc............................................................................. 321

ANNEXURE 18.3  cargo village markets eap application 2018. 328

ANNEXURE 18.4  Australian National Field Days - Event Assistance Application Form - 19-06-2018................................ 337

ANNEXURE 18.5  The Canowindra Pheonix - Event Assistance Program Application form - 18-06-2018................................ 343

ANNEXURE 18.6  Tractor Trek Assistance Application.......... 349

ANNEXURE 18.7  MCS Parents and Citizens Association - Event Assistance Application Form - 19-06-2018................................ 354

ANNEXURE 18.8  Canobolas Endurance Riders INC - Event Assistance Application Form - 19-06-2018................................ 362 

 


 

 

ITEM 1 - APPLICATIONS FOR LEAVE OF ABSENCE

REPORT IN BRIEF

 

Reason For Report

To allow tendering of apologies for councillors not present.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 936835

 

 

Recommendation

 

THAT any apologies tendered be accepted and the necessary leave of absence be granted.

 

General Manager's REPORT

 

A call for apologies is to be made.

 

 

ITEM 2 - DECLARATIONS OF INTEREST

REPORT IN BRIEF

 

Reason For Report

To allow an opportunity for councillors to declare an interest in any items to be determined at this meeting.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.g - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS AND STAFF DECLARATION OF INTEREST - 2018 - 936836

 

 

Recommendation

 

THAT the Declarations of Interest be noted.

 

General Manager's REPORT

 

A call for Declarations of Interest.

 

 

ITEM 3 - DECLARATIONS FOR POLITICAL DONATIONS

REPORT IN BRIEF

 

Reason For Report

To allow an opportunity for Councillors to declare any Political Donations received.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.g - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF POLITICAL DONATIONS - 936837

 

 

Recommendation

 

THAT any Political Donations be noted.

 

General Manager's REPORT

 

A call for declarations of any Political Donations.

 

 

 

ITEM 4 - MAYORAL MINUTE - APPOINTMENTS

REPORT IN BRIEF

 

Reason For Report

To allow noting of the Mayoral appointments plus other Councillors' activities Reports.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.g - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\MAYORAL MINUTES - 936838

 

 

Recommendation

 

THAT the information contained in the Mayoral Minute be noted.

 

General Manager's REPORT

 

A call for the Mayoral appointments and attendances as well as other Councillors’ activities reports to be tabled/read out.

 

 

 

ITEM 5 - COMMITTEE OF THE WHOLE

REPORT IN BRIEF

 

Reason For Report

Enabling reports to be considered in Committee of the Whole to be called.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\GROUPING OF REPORT ADOPTION and BUSINESS PAPER ITEMS FOR NOTING REPORTS - 936839

 

 

Recommendation

 

THAT Councillors call any items that they wish to be debated in Committee of the Whole.

 

General Manager's REPORT

 

Council’s Code of Meeting Practice allows for the Council to resolve itself into “committee of the whole” to avoid the necessity of limiting the number and duration of speeches as required by Clause 250 of the Local Government (General) Regulation 2005.

 

This item enables councillors to call any item they wish to be debated in “committee of the whole” at the conclusion of normal business.

 

The debate process during a ‘normal’ Council meeting limits the number and duration of speeches as required by Clause 250 of the Local Government (General) Regulation 2005. 

 

Items should only be called at this time if it is expected that discussion beyond the normal debate process is likely to be needed. 

 

 

 

ITEM 6 - GROUPING OF REPORT ADOPTION

REPORT IN BRIEF

 

Reason For Report

Enabling procedural reports to be adopted.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.a - Provide quality administrative support and governance to councillors and residents.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\GROUPING OF REPORT ADOPTION and BUSINESS PAPER ITEMS FOR NOTING REPORTS - 936840

 

 

Recommendation

 

THAT:

1.    Councillors call any items they wish to further consider

2.    Items 7 and 10 be moved and seconded.

 

 

General Manager's REPORT

 

Items 7 and 10 are considered to be of a procedural nature and it is proposed that they be moved and seconded as a group.  Should any Councillor wish to amend or debate any of these items they should do so at this stage with the remainder of the items being moved and seconded.

 

 

 

ITEM 7 - CONFIRMATION OF THE MINUTES

REPORT IN BRIEF

 

Reason For Report

Adoption of the Minutes

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.g - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2018 - 936841

 

 

Recommendation

 

THAT the minutes of the Ordinary meeting held 26 June 2018 be adopted.

 

General Manager's REPORT

 

The following minutes are attached for endorsement:

 

1.   Minutes of the Ordinary Council meeting held on 26 June 2018.

 

ITEM 8 - REVIEW OF ORGANISATIONAL STRUCTURE

REPORT IN BRIEF

 

Reason For Report

Council must review its organisation structure within 12months of an election.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5 A council that is effective and efficient.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\PERFORMANCE MANAGEMENT\STRUCTURE - 927873

 

 

Recommendation

 

THAT Council’s organisational structure consisting of the General Manager, Finance and Corporate Services, Engineering and Technical Services and Environmental Services Departments be endorsed.

 

 

General Manager's REPORT

 

The Local Government Act 1993 requires that each new Council review its organisational structure within twelve months of election and the purpose of this report is to allow Council to address this matter.

 

Following the introduction of the Local Government Act 1993, Council amended its organisational structure to more clearly define the roles of Directors and other Managers/Supervisors. This resulted in the number of council departments reduced from four to three. The current structure has been endorsed by Council since December 1995.

 

The structure previously adopted is as follows:

 

The new Council has given considerable consideration to its strategic direction and identified a number of key actions and strategies, which have been prioritised and allocated across the organisations structure. It is considered that within the resources available, the actions and strategies from Council’s adopted Delivery Plan can be adequately covered within a three departmental structure.

 

The three departmental structure has been working effectively and is delivering services in accordance with council’s requirements and the requirements of the IP&R and is suitable for an organisation of Cabonne’s size and responsibilities. The structure provides the appropriate focus for each of Council’s major functional activities.

 

ITEM 9 - DELEGATION OF AUTHORITY

REPORT IN BRIEF

 

Reason For Report

Council is required to review all its delegations during the first twelve months of each term of office under Section 380 of the Local Government Act.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.a Provide quality administrative support and governance to councillors and residents

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\AUTHORISATIONS\DELEGATIONS - 941096

 

 

Recommendation

 

THAT subject to not receiving direction from the Council as to the consideration of any particular matter by the Council itself, and subject to the requirements of the Local Government Act 1993 and Regulations thereunder and any express policy of the Council or regulations of any public authority other than the Council and pursuant to the powers conferred on Council by s377 of the Local Government Act 1993, the General Manager, Stephen John Harding, be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:

 

1.   The powers, functions and duties of Council other than those specified in s377(1) of the Local Government Act 1993, as being not permissible to delegate.

 

 

General Manager's REPORT

 

Section 380 of the Local Government Act 1993 requires that each Council must review all its delegations during the first twelve months of each term of office. Delegations to the Mayor and Deputy Mayor (in his absence) were re-issued by Council at the first meeting after the September 2017 Council elections, however, the delegation to the General Manager was not reviewed at that meeting as it had only been issued effective from 27 June 2017. Council is now required to review that delegation.

 

Section 355 of the Local Government Act 1993 provides that a function of council may (subject to restriction) be exercised by:

 

·     The Council by means of the Councillors or employees;

·     By its agents or contractors;

·     By financial provision;

·     By provision of goods, equipment, services, amenities or facilities, or by any other means; or

·     A committee of the Council or – partly or jointly by the Council and another person or persons; or

·     Two or more Councils jointly; or

·     By a delegate of the Council.

 

Section 377 of the Local Government Act 1993 states that:

 

1.  A Council may, by resolution, delegate to the General Manager any of the functions of the Council other than the following:

 

a)    the appointment of a general manager,

b)    the making of a rate,

c)    a determination under section 549 as to the levying of a rate,

d)    the making of a charge,

e)    the fixing of a fee,

f)     the borrowing of money,

g)    the voting of money for expenditure on its works, services or operations,

h)   the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),

i)     the acceptance of tenders which are required under this Act to be invited by the council,

j)     the adoption of an operational plan under section 405,

k)    the adoption of a financial statement included in an annual financial report,

l)     a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6,

m)   the fixing of an amount or rate for the carrying out by the council of work on private land,

n)   the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work,

o)    the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979 ,

p)    the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,

q)    a decision under section 356 to contribute money or otherwise grant financial assistance to persons,

r)     a decision under section 234 to grant leave of absence to the holder of a civic office,

s)    the making of an application, or the giving of a notice, to the Governor or Minister,

t)     this power of delegation,

u)   any function under this or any other Act that is expressly required to be exercised by resolution of the council.

 

2.  A council may, by resolution, sub-delegate to the general manager or any other person or body (not including another employee of the council) any function delegated to the council by the Director-General except as provided by the instrument of delegation to the council.

 

It is therefore recommended that Council renew its delegations to the General Manager in accordance with the above.

 

ITEM 10 - EXCLUSIVE LICENCE TO QUARRY - SMALL MINES

REPORT IN BRIEF

 

Reason For Report

Small Mine Land Owner Agreement Exclusive Licence to Quarry require execution under Council's Common Seal.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

5.5.3.b Renew gravel pit lease agreements

Annexures

1.  Exclusive Licence to Quarry - Small Mines documentation    

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\SERVICE PROVISION\SMALL MINE  LAND OWNER AGREEMENT 2018-2020 - 938794

 

 

Recommendation

 

THAT Council authorise the affixing of the Common Seal to the Exclusive License to Quarry agreements of the following small mines:

 

1.  Bennetts Pit – N6

2.  Christophersons Pit – S3

3.  Coadys Pit – N66

4.  Manildra Common – S21

5.  Reynolds Pit – N177

 

Director of Engineering & Technical Services' REPORT

Council operates a number of small quarries and gravel pits across the shire.  Many of these are located on private land.  Renewal for the operation of mines requires Council to obtain exclusive licence to quarry from the land owners, for a three year period.

Currently council is required to renew the operation of Bennetts Pit, Christophersons Pit, Coadys Pit, Manildra Common and Reynolds Pit. The Small Mine Exclusive Licence to Quarry, Land Owner Agreements require execution under Council’s Common Seal.

 

 

ITEM 11 - 2018 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE

REPORT IN BRIEF

 

Reason For Report

Seeking authorisation to send delegates to the 2018 Local Government NSW Annual Conference and development of motions to be submitted.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.b. Maintain strong relationships and liaise effectively with all relevant government agencies and other councils

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\CONFERENCES\LGNSW CONFERENCE - 933992

 

 

Recommendation

 

THAT Council:

 

1.      Be represented at the 2018 Local Government NSW Annual Conference by the Mayor or his delegate, two observers nominated by Council, and the General Manager or his alternate delegate in an advisory capacity; and

 

2.      Identify issues and/or motions to be submitted to the conference.

 

3.      Reschedule the October Council meeting to Tuesday 30 October 2018.

 

General Manager's REPORT

 

The annual conference of Local Government NSW is being held from Sunday 21 October to Tuesday 23 October 2018 at the Entertainment Centre, Albury.

 

Councils are invited to submit motions for consideration at the conference.  Proposed motions should be strategic, affect members state-wide and introduce new or emerging policy issues and actions.  Cabonne has in recent years submitted motions relating to rate exemptions of state owned corporations, food security and sustainability including introduction of legislation to protect the ‘right to farm’ and regional road funding.

 

The LGNSW Board has resolved that motions will be included in the business paper for the conference where they:

 

1.   Are consistent with the objectives of the Association;

2.   Relate to Local Government in NSW and/or across Australia;

3.   Concern or are likely to concern Local Government as a sector;

4.   Seek to advance the Local Government policy agenda of the Association and/or improve governance of the Association;

5.   Have a lawful purpose (a motion does not have a lawful purpose if its implementation would require or encourage non-compliance with prevailing laws);

6.   Are clearly worded and unambiguous in nature; and

7.   Do not express preference for one or several members over one or several other members.

 

Council’s policy for the attendance of delegates and representatives at the LGNSW Conference is that the Mayor attends, if available, as Council’s official delegate, with the General Manager attending in an advisory capacity. Council’s policy also provides for up to two other councillors being able to attend as observers and/or substitute delegates in the absence of the Mayor for any reason during the conference itself.

 

Due to the timing of the conference it will be necessary to reschedule the October Council meeting to the following Tuesday.

 

ITEM 12 - CUDAL COMMUNITY CHILDREN'S CENTRE

REPORT IN BRIEF

 

Reason For Report

Request for consideration of extending the existing lease agreement.

Policy Implications

nil

Budget Implications

nil

IPR Linkage

3.3.6.a - Maintain sporting, recreational, council and community facilities

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\USAGE\CUDAL COMMUNITY CHILDRENS CENTRE - 941257

 

 

Recommendation

 

THAT Council extend the current lease agreement with the Cudal Community Children’s Centre for Lot 1 DP 1103344, 15 Main Street Cudal for a period to be determined on the day of the council meeting.

 

 

General Manager's REPORT

 

Council at is November 2016 meeting agreed to enter into a lease agreement with the Cudal Community Children’s Centre for Lot 1 DP 1103344 15 Main Street Cudal.  This arrangement was in response to a requirement of security of property for at least 10 years for funding under the Capital Works Grant Program.

 

The lease was executed on 31 May 2017 with a term of 10 years.

 

Due to the delay in gaining additional grant funding under the same program the Cudal Community Children’s Centre have now requested an extension of the term of the lease so that they comply with the Department of Education requirements of 10 years when the grant is received.  Staff are currently negotiating with the Department of Education to determine their exact requirements and further advice will be provided to council on the day of the meeting.

 

 

 

ITEM 13 - INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN FINAL QUARTER REVIEW

REPORT IN BRIEF

 

Reason For Report

To provide council with the final quarter review for the 2017/2018 Integrated Planning & Reporting Operational Plan.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.a. Provide quality administrative support and governance to councillors and residents

Annexures

1.  IPR Final Quarter Review 2017/2018    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\PLANNING\INTEGRATED PLANNING AND REPORTING 2016-2017 - 940015

 

 

Recommendation

 

THAT, subject to any alterations the Council deems necessary at the July Council meeting, the update of the Operational Plan to 30 June 2018, as presented be adopted.

 

Director of Finance and Corporate Services' REPORT

 

The Local Government Act requires Council to consider a quarterly report on the review of its annual Operational Plan.

 

The purpose of this report is to allow council to assess its performance against its agreed objectives, actions and strategies.

 

The final quarter updates for the Integrated Planning & Reporting Operational Plan for 2017/2018 is attached which shows the culmination of the actions and strategies undertaken during the year.

 

ITEM 14 - POLICY DATABASE - REVIEW BY COUNCIL WITHIN 12 MONTHS OF ELECTION

REPORT IN BRIEF

 

Reason For Report

For Council to consider local policies previously adopted and consider proposed update, deletion and/or merger

Policy Implications

Yes - Policy database will be updated

Budget Implications

Nil

IPR Linkage

4.5.1.a Provide quality administrative support and governance to councillors and residents

Annexures

1.  DRAFT - Corrupt Conduct - Reporting to ICAC Policy

2.  DRAFT - Donations Policy

3.  DRAFT - Privacy Management Plan Policy

4.  DRAFT - Public Interest Disclosures (Internal Reporting) Policy

5.  DRAFT - Policing in the Cabonne Area Policy

6.  DRAFT - Communications and Media Policy

7.  DRAFT - Cabonne Council CHSP Policies and Procedures    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 941245

 

 

Recommendation

 

THAT:

 

1.   The policies listed in the report detailed “minor changes” be re-adopted;

 

2.   The policies listed in the report detailed “without change” be re-adopted; and

 

3.   The annexed draft Corrupt Conduct – Reporting to ICAC Policy, Donations Policy, Privacy Management Policy, Public Interest Disclosures (Internal Reporting) Policy, Policing in the Cabonne Area Policy, Communications and Media Policy and Cabonne Council CHSP Polices and Procedures (recommended changes detailed in report) be adopted.

 

Administration Manager's REPORT

 

Council are aware that under s165(4) of the Local Government Act 1993:

 

“(4) A local policy (other than a local policy adopted since the last general election) is automatically revoked at the expiration of 12 months after the declaration of the poll for that election.“

 

Further to a report to the May Council Meeting, the following policies have been reviewed and have a recommendation indicating that they be deleted or re-adopted. Whenever a policy has been substantially altered a copy is annexed for Council’s consideration and adoption.

 

POLICIES TO BE ADOPTED WITH THE LISTED CHANGES

 

OWNER

AUTHOR

POLICY

CHANGES

DFCS

Administration Manager

Corrupt Conduct – Reporting to ICAC Policy

Updates made to the definition of Corrupt Conduct – highlighted on page 5 of draft policy.

Address for Personal Delivery to ICAC updated – highlighted on page 9 of the draft policy.

Minor typographical and grammatical errors corrected.

DFCS

Administration Manager

Donations Policy

Page 4 – Section 5 – Section on Progress Associations has been deleted as Molong Advancement Group has relocated their meeting place.

DFCS

Administration Manager

Privacy Management Policy

Section on State Records Act removed as it has been repealed.
Section 24(4) of the PPIPA updated.
First paragraph in Health Privacy Principles removed.
Section (c1) added to Health Privacy Principle 10.

Section (c1) added to Health Privacy Principle 11.

Updates made to Environmental Planning and Assessment Act throughout document.

GM

Administration Manager

Public Interest Disclosures (Internal Reporting) Policy

Fraudulent Conduct added on page 10 – highlighted on draft policy.

Minor typographical and grammatical errors corrected.

GM

General Manager

Policing in the Cabonne Area Policy

Author and owner changed to General Manager upon review by Community Services Manager.

Summary, Scope and Policy Statement changed to reflect practice.

GM

Media and Communications Officer

Communications and Media Policy

Changes made to include Social Media in Policy.

Page 3 – Section about Chairpersons talking to media on behalf of Council deleted.

Section on wards deleted as Council no longer has wards.

Page 5 – Section on economic development taking precedence on Council website has been deleted.

Communications and Media Officer updated to Community Engagement and Development Manager throughout document.

DFCS

HACC Co-ordinator

Cabonne Council HACC Policies and Procedures Policy

HACC and Home & Community Care changed to CHSP and Commonwealth Home Support Program throughout policy.

Mention of Joint Advisory Committee removed from policy as it no longer functions.

HADS (HACC and Disability Services) replaced with DEX (Data Exchange) throughout policy

Client Contribution Policy added at page 49 (changes highlighted on policy).

My Aged Care Eligibility, Assessment and Referral Process procedures added at pages 38, 39 and 41 respectively (changes highlighted on policy).

 

POLICIES TO BE READOPTED WITH MINOR CHANGES
(Typographical, Grammatical or Discrepancies in Title of Author etc.)

OWNER

AUTHOR

POLICY

CHANGES

DETS

DETS

Grazing Road Reserves Policy

Updates made to Associated Legislation.

Livestock Health and Pest Authority changed to Local Land Services.

DETS

DETS

Sports Councils Policy

Author changed to Operations Manager – Urban Services and Utilities.
Sports Council changed to Sports Trust.

DETS

Operations Manager Urban Services and Utilities

Drinking Water Quality Policy

Sewer Engineer changed to Sewer Coordinator.
Water and Waste changed to Urban Services and Utilities.

DETS

Risk Management Officer

Council Swimming Pools - Operation and Supervision Policy

Change Officer to Coordinator .

DETS

Risk Management Officer

Signs as Remote Supervision - A Risk Management Policy

Change Officer to Coordinator.

DFCS

Administration Manager

Access to Information Held by Council Policy

DLG changed to OLG.
Changes made to policy names in Related Documents and throughout the document
Minor typographical errors corrected.
Updated 10 working days to one week or two working days when received via email for responses to customer service requests.

DFCS

Administration Manager

Policy on Limits on Service and Communication

Title changed to Limits on Service and Communication Policy.
Complaints Management Policy changed to Complaints Handling Policy.

DFCS

Administration Manager

Policy on Service

Change to Customer Service Policy.
Records Compliance Officer changed to Information Support Officer.
ISO to report to Administration Manager instead of DFCS.

DFCS

Risk Management Officer

No Smoking Policy

Change Officer to Coordinator.

 

POLICIES TO BE READOPTED WITHOUT CHANGE

OWNER

AUTHOR

POLICY

CHANGES

DETS

DETS

Bush Fire Brigades - Amalgamation Policy

NIL

DETS

DETS

Cabonne Council Environmental Policy Statement

NIL

DETS

DETS

Kerb and Gutter Accounts - Corner Blocks Policy

NIL

DETS

DETS

Leasing Unnecessary Roads Policy

NIL

DETS

DETS

Park in Kiewa Street Manildra Policy

NIL

DETS

DETS

Property Signposting Policy

NIL

DETS

DETS

Skateboards on Footpaths - Bank Street Molong Policy

NIL

DETS

Manager Water and Waste

Sewer Policy

NIL

DETS

Operations Manager Urban Services and Utilities

Liquid Trade Waste Policy

NIL

DETS

Operations Manager Urban Services and Utilities

Use of Trotting Track at Molong Showground Policy

NIL

DETS

Technical Services Manager

Hire of Items - Molong and Cudal Community Centres and s355 Operated Halls Policy

NIL

DETS

Urban Assets Co-ordinator

Amusu Theatre - Trusteeship Policy

NIL

DETS

Urban Assets Co-ordinator

Caravans and Fixed (Rigid) Awnings Policy

NIL

DETS

Urban Assets Co-ordinator

Community Improvement Program (CIP) Valid Period of Offer Policy

NIL

DFCS

Administration Manager

Code of Conduct Policy

NIL

DFCS

Administration Manager

Complaints Handling Policy

NIL

 

 

 

ITEM 15 - REVOTED EXPENDITURE FOR UNCOMMENCED WORK LISTED IN THE 2017/2018 BUDGET

REPORT IN BRIEF

 

Reason For Report

To advise Council that the works listed in the attachment have not commenced in the 2017/2018 budget and should be included in the 2018/2019 budget

Policy Implications

No

Budget Implications

Yes

IPR Linkage

4.5.5.j Provide, maintain and develop financial services and systems to accepted standards - satisfying regulatory and customer requirements

Annexures

1.  List of Revotes  Meeting    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\BUDGETING\CABONNE COUNCIL ANNUAL BUDGET - 939511

 

 

Recommendation

 

THAT the works listed in the attachment be included in the 2018/2019 budget.

 

Senior Accounting Officer's REPORT

 

The attached list of revotes include works that have not been able to begin in the 2017/2018 budget year. Approval is sought to have those works included in the 2018/2019 budget.  All of the projects are covered by reserve transfer.

 

ITEM 16 - CARRY FORWARD OF INCOMPLETE WORKS COMMENCED IN THE 2017/2018 BUDGET AS AT 30 JUNE 2018

REPORT IN BRIEF

 

Reason For Report

To advise Council that some of the works allocated to the 2017/2018 Budget have not been completed and are required to be carried forward to the 2018/2019 Budget.

Policy Implications

No

Budget Implications

Yes

IPR Linkage

4.5.5.j Provide, maintain and develop financial services and systems to accepted standards - satisfying regulatory and customer requirements

Annexures

1.  List of Carried Forward Meeting    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\BUDGETING\CABONNE COUNCIL ANNUAL BUDGET - 938357

 

 

Recommendation

 

THAT the works listed in the annexure to be carried forward from the 2017/2018 budget to the 2018/2019 budget be endorsed

 

Senior Accounting Officer's REPORT

 

The attached list of “carried forward” amounts refer to works commenced in the 2017/2018 year, which were unfinished and therefore the unspent amount in the budget needs to be carried forward to 2018/2019 financial year.

 

Under Regulation 211, Council is permitted to “carry forward” unspent balances of jobs that have been commenced or contracted in the year for which they were proposed, to the following year.

 

As at 6 July the balance remaining of the works for 2017/2018 total, $13,097,295. This balance may vary after the end of the year has been finalised, however all work is fully covered by reserve funds.

 

 

ITEM 17 - ARTS OUT WEST MEMBERSHIP

REPORT IN BRIEF

 

Reason For Report

To inform Council of annual fee due for membership to Arts Out West

Policy Implications

Nil

Budget Implications

$9,757.61

IPR Linkage

4.2.1.a Maintain current level of support to museums in Cabonne

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 941106

 

 

Recommendation

 

THAT Council determine whether it wishes to pay the annual fee of $9,757.61 to be a member of Arts Out West.

 

Community Engagement and Development Manager's REPORT

 

Cabonne Council’s membership of the regional arts organisation Arts Out West is due for renewal and Council has received an invoice for $9,757.61 for its 2018-2019 membership fee.  The fee is determined on a per capita basis at 65 cents per head of population.

 

In its 2017 annual report, Arts Out West estimated it provided Cabonne $39,144 worth of value for its membership of the group. This was based on:

 

1.   Arts media program                                                                            $18,000

(123 events promoted at a cost of $150 per event)

2.   Specific projects                                                                                  $16,750

3.   Workshops                                                                                           $90

4.   Estimated core services delivered                                                   $4,304

(advice, support and advocacy)

 

Examples of events attended; venues visited; meetings with key groups, organisations and individuals; consultations; and assistance during 2017 were listed as:

 

a.   The Corridors Project (Canowindra) – supporting projects and helping to write the successful grant application for the Big Little Histories project;

b.   Jayes Gallery, Molong;

c.   Molong Historical Society;

d.   Canowindra Barqouefest;

e.   History Here local history project;

f.    Support for arts groups and event organisors via the arts media program; and

g.   Five letters of support provided for funding applications.

 

Cabonne is one of 11 Central West councils who are members of Arts Out West, the others being Bathurst, Blayney, Cowra, Forbes, Lachlan, Lithgow, Oberon, Orange, Parkes and Weddin.  Former Cabonne councillor Sharon Wilcox is the vice-chair of the Arts Out West board. Other board members consist of:

 

Chair – Fran Charge (President Oberon Arts Council)

Treasurer – Bronwyn Giovenco (accountant)

Secretary – Cr Carly Brown (Weddin Shire Council)

Nyree Reynolds (visual artist Blayney)

Brian Langer (Director Cowra Regional Art Gallery)

Scott Maunder (Director Community, Recreation & Cultural Services, Orange City Council)

Deb Bardon (Charles Sturt University)

Cr Monica Morse (Bathurst Regional Council)

Kylie Shead (Bathurst Memorial Entertainment Centre)

Warwick Tom (Parkes)

Margot Jolly (Parkes)

Madi Holborow (Orange)

 

Cabonne Council’s delegate to Arts Out West, Cr Libby Oldham, is a member of the organisation’s Advisory Council along with:

 

Carly Brown (Chair)

Bronwyn Giovenco

Heather Blackley (President Lachlan Arts Council)

Brian Langer

Stephen Lesslie (Lithgow City Council)

Scott Maunder

Monica Morse

Kay Nankervis (Charles Sturt University)

Warwick Tom

Penny May (visual artist Blayney)

 

 

 

 

 

 

 

ITEM 18 - EVENTS ASSISTANCE PROGRAM 2018/19

REPORT IN BRIEF

 

Reason For Report

For Council to consider applications for funding under the 2018/19 Events Assistance Program

Policy Implications

Nil

Budget Implications

$9,500 to be funded from 2018/19 Events Assistance Program

IPR Linkage

4.4.1.c Provide assistance to community groups

Annexures

1.  2018 EAP Cabonne application_.pdf

2.  2017-18 Events Assistance Program Application Form - MAG.doc

3.  cargo village markets eap application 2018.pdf

4.  Australian National Field Days - Event Assistance Application Form - 19-06-2018.pdf

5.  The Canowindra Pheonix - Event Assistance Program Application form - 18-06-2018.pdf

6.  Tractor Trek Assistance Application.pdf

7.  MCS Parents and Citizens Association - Event Assistance Application Form - 19-06-2018.pdf

8.  Canobolas Endurance Riders INC - Event Assistance Application Form - 19-06-2018.pdf    

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\EVENTS ASSISTANCE PROGRAM 2018-2019 - 940493

 

 

Recommendation

 

THAT Council approve funding under the 2017/2018 Events Assistance Program (EAP) to the events:

 

1.   Canowindra Baroquefest                             $3,000

2.   Molong Village Markets                               $500

3.   Cargo Village Markets                                  $500

4.   Australian National Field Days                   $2,500

5.   Canowindra Christmas in July                    $500

6.   Central West Charity Tractor Trek             $1,500

7.   Molong Spring Arts Festival                        $500

8.   Canobolas Endurance Rider Bullio Cup   $500

 

TOURISM AND COMMUNITY DEVELOPMENT COORDINATOR’S REPORT

 

Council has received eight applications under the 2018/2019 Events Assistance Program (EAP) for events that promote Cabonne and attract visitors. Council’s Tourism and Community Engagement Coordinator has provided the following assessments.

 

Application 1

 

Organisation:                               Canowindra Baroquefest

Event:                                                      Baroquefest Music Festival & Big Little Histories of Canowindra

Date:                                               19, 20 & 21 October 2018

Requested amount:                    $5,000

Reason for funding:                             A contribution towards offsetting the marketing, promotion, event management commitments

Event Description

Following on the success from the last three years the organisers plan for this festival to continue as an annual music and cultural festival in the Canowindra calendar. The festival is successful in attracting musicians from the region, state and international standard who have contributed in a positive way to the fine music education of school students.

 

The 2018 organisers have formed a partnership with the Corridor Project – to offer ‘Big Little Histories’, which will expand and increase the learning and educational exposure by developing local stories.  The festival program will offer a blend of day and night performances that stimulate cultural interest. It is a celebration of fine music that presents four concerts, busking, art, dinners, wine and VIP events that utilises a variety of Canowindra venues.

 

Canowindra Baroquefest, coupled with the Corridor project titled ‘Big Little Histories’, will increase the cultural experiences and maximize the entertainment variety for the community with the aim to promote awareness of art, fine music and live performances to stimulate interest.

 

The Canowindra Baroquefest and ‘Big Little Histories’ will:

 

·    Place Council’s logo on all promotional material.

·    Increase visitors to the region.

·    Increase visitor spend in the region.

·    Raise awareness and enhance the region’s profile and its many village attractions to the visitors.

 

In 2017 Council allocated $1,500 under the Events Assistance Program to support Canowindra Baroquefest.

 

Assessment

This application meets the Event Assistance Program funding objectives of a core event. Its aim is to attract visitation to the area and support a number of Cabonne business enterprises.

 

Application 2

 

Organisation:                               Molong Advancement Group

Event:                                             Molong Village Markets

Date:                                               29 July 2018

Requested amount:                    $2,000

Reason for funding:                             A contribution towards offsetting the marketing, promotion and event management commitments

Event Description:

Molong Advancement Group (MAG) is planning to expand and grow the Molong Village Markets along the lines of the successful and renowned Millthorpe Markets. MAG have been organising markets on the Village Green for a number of years and now have moved to the Molong Recreational Ground to cater for additional stalls and an increased crowd.

 

The Molong Village Markets have proved more visible from the highway and have attracted an increase in passing traffic. MAG have also received increased interest from numerous stallholders. The April markets attracted 66 stall holders who came from across the central west (Mudgee, Dubbo, Wellington, Parkes, Forbes, Cowra, Bathurst and Orange).

 

MAG are planning to hold three more markets on 29 July 2018, 1 October and one near Christmas 2018. They aim to build on and grow each one by providing a different feature at each market. The markets will provide food, wine, produce, variety stalls, face painting, trike bikes and a jumping castle. The feature displays could include vintage cars, trucks or machinery.

 

Previously MAG relied on community announcements, social media, and word of mouth to promote their markets. MAG hopes to run a television advertising campaign, (which is more costly) to raise the profile of the markets and attract more visitors.  MAG considers the village markets will in turn promote Molong to a broader audience. The Event Assistance Program funding aims to direct the support funding to the scheduled TV advertising campaign.

 

Assessment

This application meets Cabonne’s event funding program objectives of a developing event that will help promote the village of Molong and Cabonne and in turn support many of the local businesses.

 

Application 3

 

Organisation:                               Cargo Village Markets

Event:                                             Cargo Village Markets

Date:                                               5 August & 30 September2018

Requested amount:                    $500

Reason for funding:                             A contribution towards offsetting the marketing, promotion and event management commitments

 

Event Description:

A local committee have planned to hold the Cargo Village markets on a quarterly basis on 5 August and the 30 September 2018 from 10am to 3pm.

 

The decision to conduct the markets follows the success of a similar fund-raising event in June 2017. The markets are expected to draw stallholders from a number of Cabonne villages and surrounding areas, but will also provide additional trading opportunities for businesses within the village. 30 September 2018 is the Sunday of the Labour Day long weekend in NSW and organisers expect the markets to attract 500-700 visitors to the village.

 

The committee’s aim is to provide activities to unite the community and strengthen community spirit while raising funds to be donated to nominated charities and community projects.

 

Assessment

 

This application meets the Event Assistance Program funding objectives of a developing event for which the maximum level of funding is $500.

 

 

Application 4

 

Organisation:                               Australian National Field Days

Event:                                             Australian National Field Days (ANFD)

Date:                                               25 – 27 October 2018

Requested amount:                    $5,000

Reason for funding:                             A contribution towards offsetting the marketing, promotion and event management commitments

 

Event Description:

The Australian National Field Days is the oldest agricultural event in Australia and the largest single event in the Cabonne Local Government Area. The event attracts about 600 exhibitors from across the nation and draws about 20,000 people to the event each year.

 

The program is the main information guide for visitors and exhibitors, but is also a key promotional tool. It will be inserted in local newspapers and delivered to 15,000 rural mailboxes within a 200 kilometre radius of Molong, as well as being distributed on site during the field days.

 

Cabonne Council will be advertising in this publication to promote the ‘Made in Cabonne’ pavilion.

 

Assessment

This application meets the Event Assistance Program funding objectives of a flagship event. Its aim is to attract visitation to the area and support a number of Cabonne business enterprises and raise the profile of Cabonne.

 

In 2017 Council supported this event under the program with funding totalling $2,000

 

Application 5

Organisation:                               The Canowindra Phoenix

Event:                                             Christmas in July 2018

Date:                                               1 – 31 July 2018

Requested amount:                    $500

Reason for funding:                             A contribution towards offsetting the marketing, promotion and event management commitments plus the purchase of the winner prizes.

Event Description:

Canowindra Christmas in July is all about dressing up the main street with Christmas decoration window displays. All shop owners and businesses are encouraged to participate and dress up their windows in a festive theme. This year also will include a kids colouring in competition.

 

The Christmas in July event attracts many visitors to Canowindra by day and night to view the window displays and support local businesses with increased trade. This event helps to increase Canowindra’s town image as a destination during the colder winter months.

 

Assessment

Canowindra’s Christmas in July meets the Events Assistance funding program objectives of a developing event that attracts visitation with an expected 1,500 visitors to the town over the month.

 

Application 6

 

Organisation:                               The Central West Charity Tractor Trek

Event:                                             Tractor Trek Fundraiser for Little Wings

Date:                                               12, 13 & 14 October 2018

Requested amount:                    $1,500

Reason for funding:                             A contribution towards offsetting the marketing, promotion and event management commitments

Event Description:

The Central West Tractor Trek is an enthusiastic group of volunteers who are staging the Tractor Trek to raise funds for Little Wings. The tractor trek will be held in Cabonne region over the 12 to 14 October 2018. The group over the last 6 years has been successful in raising funds for children’s charities.

 

The 2018 Tractor Trek will be based at the Molong showground and will pass through Pine Cliff, Manildra, Cumnock, Laras Lee, Boomey, Mullion Creek, Dawson Gates, Clergate, March and Belgravia.

 

Organisers are hoping for 30 tractors to participate to help raise $100,000 which would support 80 mercy flights to Sydney and return to the central west for children suffering from illness and their families.  The event attracts strong media coverage with extensive reach and will work with a number of local volunteer organisations.

 

Official Tractor Trek Dinner will be held at the Molong Showground on Saturday 13 October 2018. The event establishes relationships with schools, police, local government, service clubs and associations in the central west.

 

Assessment

The event meets the Events Assistance Program guidelines as a core event that will be held within Cabonne. It will increase visitation and help to strengthen community spirit by investing in supporting central west children and families in need.

 

Application 7

 

Organisation:                               Molong Central School P & C

Event:                                             Molong Spring Art Fest (MSAF)

Date:                                               21 September 2018

Requested amount:                    $500

Reason for funding:                             A contribution towards offsetting the marketing, promotion and event management commitments

Event Description:

The Molong Spring Arts Fest (MSAF) is planned to be a bi-annual art exhibition and performing arts festival. The MSAF aims to present the last 8 years of HSC Visual Art/Textiles in Molong as a pop up arts festival. Musical performances are planned for the evening along with non-alcoholic drinks and canapés.

 

The venue is the Molong Central School Hall which will be the epi-centre to commence the festival with plans to grow to other Molong venues in years to come.

 

Assessment

This inaugural event meets the Events Assistance Program guidelines as a developing event.

 

Application 8

 

Organisation:                               Canobolas Endurance Riders Inc

Event:                                             Bullio Cup – Endurance Horse Riding 

Date:                                               3 & 4 November 2018

Requested amount:                    $2,028.75

Reason for funding:                             A contribution towards offsetting the marketing, promotion and event management commitments

Event Description:

The Canobolas Endurance Horse Riding event is the first for this area and encompasses a number of riding distances with the ride based in Cabonne Shire on Four Mile Creek Road, Panuara, travelling through the Canobolas State Forest, Cadia mine lease country and some private farming land.  The event is sanctioned through the NSW Endurance Riders Association and consent to be provided by Canobolas State Forest.

 

Visitors and competitors will be coming from NSW and interstate with an emphasis on fostering a family sporting and community activity in Orange and Cabonne. The event participants and organisers will be engaging with local service providers. The expected number of entries is 150-200 with approximately 100 spectators. Many visitors will be staying at local accommodation outlets and it is expected to benefit Cabonne socially and economically. Cabonne’s increased awareness of our unique natural assets and rural community offerings will in turn increase return visitation.

 

Assessment

 

This inaugural Canobolas Endurance Horse Riding event meets the Events Assistance Program guidelines as a core event.

 

 

EAP Funding Allocation 2018/2019

$52,852

 

 

ITEM 19 - REQUEST FOR HERITAGE FUNDING - REAPAIRS TO YARN MARKET'S COACH HOUSE, GIDLEY STREET, MOLONG.

REPORT IN BRIEF

 

Reason For Report

To obtain council approval for allocation of grant funding

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.3.2.c Heritage Grants Program facilitated

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\HERITAGE GRANTS 2018 - 941860

 

 

Recommendation

 

THAT council allocate $1,500 of the 2018/2019 Local Heritage Fund to the Yarn Market Association Ltd for repairs to the exterior of the coach house situated upon Lot 24 DP 593344, Gidley Street, Molong.

 

 

Director of Environmental Services' REPORT

 

Council has received an application for funding through the Local Heritage Fund for repairs to the exterior of the Gidley Street, Molong, coach house owned by the Yarn Market Association. It is proposed to repaint the exterior of the building and to repair or replace rotten timbers where necessary.

 

The stone and timber building is a heritage item under the Cabonne LEP 2012 and is the remaining structure from the use of the site and the adjacent Village Green as the New Royal Hotel c1870s. The site is also within the Bank Street Heritage Conservation Area.

 

The Heritage Advisor has inspected the premises and is in support of the application for assistance.

 

Council’s heritage small grants guidelines encourages the annual heritage grants program to be utilized as widely as possible across the shire, with $500 being the general grant contribution per application, however projects can be matched dollar for dollar where there is sound conservation practice and the property is highly visible to the community. The estimated cost of the works is $17,000 and the request for funding is $8,000. The subject property contributes to the heritage streetscape and is situated in a prominent location. It is recommended that $1,500 be allocated towards the project.

 

 

 

 

 

 

ITEM 20 - BE SEEN BE SAFE CAMPAIGN

REPORT IN BRIEF

 

Reason For Report

To advise Council of Road Safety Officer's Be Seen Be Safe campaign.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

1.1.2.a Implement Roads & Maritime Services road safety program

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COMMITTEES - REPORTS OF 2018 - 939452

 

 

Recommendation

 

THAT Cabonne Council support the Be Seen Be Safe campaign by creating a drive with your headlights on 24/7 policy for all fleet and plant vehicles.

 

DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES REPORT

 

The Road Safety Officer (RSO) is a shared resource with Orange City Council and funded by the Roads & Maritime Services (RMS) through the Local Government Road Safety Program. The RSO develops and implements programs to address local crash characteristics from crash data collated by the RMS. Crash data is reviewed in a 5 year period to detect trends for investigation and behavioural change campaigns.

 

The goal is to reduce fatal and injury crashes in the Local Government Area based on statistical analysis.

 

The “Be Seen. Be Safe” road safety campaign promotes behavioural change in local drivers in Cabonne and Orange to reduce fatal and injury crashes. The campaign is a call to action for local drivers to reduce their crash risk and drive 24/7 with their headlights on.

 

Background

 

Driving with your headlights on 24/7 has proven crash risk reduction benefits. To submit an application for funding from the RMS, a project application was developed from national and international research studies including:

 

Literature Review

·    Reviewed European and Australian Research

·    Reviewed the characteristics of lights use in daytime running lights for results

·    Consulted the Australia Design Rule for daytime running lights ADR76/00 ECE Regulation 87

Identification of potential benefits in Cabonne and Orange Local Government Areas from Paine’s “A review of daytime running lights, a report by Vehicle Design & Research Pty Ltd to NRMA & RACV. Paine found that according to European studies the potential reductions in crashes from DRLs are:

·    25% of daytime multi-vehicle fatal crashes

·    28% of daytime fatal pedestrian crashes

·    20% of daytime multi-vehicle injury crashes

·    12% of daytime multi-vehicle property crashes

The largest reduction in crashes from daytime running lights would be in high severity crashes, including head-on and intersection crashes.

 

The RSO will implement the Be Seen. Be Safe. Drive with your headlights on 24/7 campaign July to November 2018 funded by the RMS. To support this behavioural change campaign in the community the RSO requests that Cabonne Council show leadership in the community and support the campaign by creating a drive with your headlights on 24/7 policy for all fleet and plant vehicles.

 

Driving with your headlights on 24/7 is a zero cost commitment to road safety in the shire to reduce fatal and injury crashes.

 

 

 

ITEM 21 - QUESTIONS FOR NEXT MEETING

REPORT IN BRIEF

 

Reason For Report

To provide Councillors with an opportunity to ask questions/raise matters which can be provided/addressed at the next Council meeting.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 936842

 

 

Recommendation

 

THAT Council receive a report at the next Council meeting in relation to questions asked/matters raised where necessary.

 

General Manager's REPORT

 

A call for questions for which an answer is to be provided if possible or a report submitted to the next Council meeting.

 

 

ITEM 22 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

 

Reason For Report

Provides an opportunity for Councillors to call items for noting for discussion and recommends remainder to be noted.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.g - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 936843

 

 

Recommendation

 

THAT:

1.   Councillors call any items they wish to further consider.

2.   The balance of the items be noted.

 

General Manager's REPORT

 

In the second part of Council’s Business Paper are items included for Council’s information.

 

In accordance with Council’s format for its Business Paper, Councillors wishing to discuss any item are requested to call that item.

 

 

ITEM 23 - MATTERS OF URGENCY

REPORT IN BRIEF

 

Reason For Report

Enabling matters of urgency to be called.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.a. Provide quality administrative support and governance to councillors and residents

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 936844

 

 

Recommendation

 

THAT Councillors call any matters of urgency.

 

General Manager's REPORT

 

Council’s Code of Meeting Practice allows for the Council to consider matters of urgency which are defined as any matter which requires a decision prior to the next meeting or a matter which has arisen which needs to be brought to Council’s attention without delay such as natural disasters, states of emergency, or urgent deadlines that must be met”.

 

This item enables councillors to raise any item that meets this definition.

 

 

 

ITEM 24 - COMMITTEE OF THE WHOLE SECTION OF THE MEETING

REPORT IN BRIEF

 

Reason For Report

Enabling reports to be considered in Committee of the Whole.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 936845

 

 

Recommendation

 

THAT Council hereby resolve itself into Committee of the Whole to discuss matters called earlier in the meeting.

 

General Manager's REPORT

 

Council’s Code of Meeting Practice allows for the Council to resolve itself into “committee of the whole” to avoid the necessity of limiting the number and duration of speeches as required by Clause 250 of the Local Government (General) Regulation 2005.

 

This item enables councillors to go into “committee of the whole” to discuss items called earlier in the meeting.

   


Item 10 Ordinary Meeting 24 July 2018

Item 10 - Annexure 1

 

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Item 13 Ordinary Meeting 24 July 2018

Item 13 - Annexure 1

 

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Item 14 Ordinary Meeting 24 July 2018

Item 14 - Annexure 1

 

Corrupt Conduct – Reporting to

ICAC Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

09 July 2018

Author

Administration Manager 

Owner

(Relevant director)

Director of Finance & Corporate Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Draft

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

 

2 Summary

A requirement that all Councillors familiarise themselves with the ICAC Publication titled: “Reporting suspected corrupt conduct to the ICAC: Guidelines for principal officers”.

3 Approvals

Title

Date Approved

Signature

Director of Finance & Corporate Services

 

 

4 History

Minute No.

Summary of Changes

New Version Date

00/03/12

 

20/03/00

 

Reviewed by Administration Manager – ICAC website still lists this procedure as most current

27/08/08

10/02/17

Readopted by Council

15 February 2010

13/06/21

Reviewed by Administration Manager – updated with latest version of ICAC publication

25 June 2013

13/09/30

Readopted as per s165(4)

17 September 2013

 

5 Reason

The General Manager has obligations under ICAC Act to report suspected corrupt conduct which councillors need to be aware of.

6 Scope

A report must be made as soon as the General Manager has a reasonable suspicion that corrupt conduct may have occurred or may be occurring.  The obligation to report may not be delegated.

7 Associated Legislation

Independent Commission Against Corruption Act 1988

8 Definitions

ICAC – the Independent Commission Against Corruption

 

The ICAC Act - Independent Commission Against Corruption Act 1988

 

Corrupt conduct – refer to Policy Statement

 

Principal Officer – The General Manager of the Council

9 Responsibilities

9.1 General Manager

The General Manager is responsible for the overall control and implementation of the policy.

9.2 Directors and Managers

Directors and Managers are responsible for the control of the policy and procedures within their area of responsibility.

10 Related Documents

Document Name

Document Location

Public Interest Disclosures (Internal Reporting) Policy

Policy Database

Code of Conduct - Procedure for the Administration of Policy

Policy Database

ICAC Fact Sheet – Blowing the Whistle

ICAC website

Section 11 reporting Template

At end of this policy

 


 

11 Policy Statement

All Councillors are to familiarise themselves with the ICAC Publication titled “Reporting suspected corrupt conduct to the ICAC: Guidelines for principal officers”.

Table of Contents

1.         About these guidelines. 3

2.         About the ICAC.. 3

3.         Your Obligations under the ICAC Act 4

4.         What is corrupt conduct?. 5

5.         Making a section 11 report to the ICAC.. 6

6.         What to do after a report has been made. 7

7.         How reports are assessed by the ICAC.. 7

8.         Feedback from the ICAC.. 8

9.         The benefits of section 11 reporting. 8

Contacting the ICAC.. 8

Section 11 reporting Template. 9

 

Reporting suspected corrupt conduct to the ICAC:  Guidelines for principal officers

1.         About these guidelines

These guidelines are intended to help you as a principal officer understand your obligation under section 11 of the Independent Commission Against Corruption Act 1988 to report suspected corrupt conduct to the ICAC.  The guidelines also explain how to report to the ICAC and the process the ICAC follows once your report is received.  Separate guidelines exist regarding ministerial reporting obligations.

2.         About the ICAC

 

The ICAC was established under the Independent Commission Against Corruption Act.  The main purpose of the ICAC is to expose and minimise corruption in the NSW public sector, which includes all government departments, statutory authorities, local councils and public officials, including Members of Parliament and the judiciary.  It does this by conducting investigations, examinations and inquiries, providing corruption prevention advice, and informing and educating both the public sector and the community about the detrimental effects of corruption.

 

Most of the ICAC’s work arises from reports made by public authorities and information received from the public.  Consequently, the quality of this information is a significant factor influencing the ICAC’s effectiveness in fighting corruption.

 

The ICAC does not attempt to investigate every matter it receives and could not do so with the resources available to it.  However, even if the resources were available the ICAC considers that such a strategy would be counter-productive because public sector managers and their organisations are primarily the ones responsible for preventing, detecting and responding to corruption.  The ICAC’s role is to deal with those matters that the public sector cannot or should not deal with.  The ICAC also works with public authorities to ensure they have the skills and commitment to undertake most of the day-to-day corruption prevention and investigation work.

 

This approach means that only a very small number of reports made by public authorities end up becoming full investigations or the subject of public inquiries.  Nevertheless, the reporting requirement benefits your organisation and the broader public sector in a number of ways which are outlined below.

 

3.         Your Obligations under the ICAC Act

 

Section 11(2) of the Act imposes an obligation on you in the following terms:

 

“A person to whom this section applies is under a duty to report to the Commission any matter that the person suspects on reasonable grounds concerns or may concern corrupt conduct.”

 

Key terms and issues related to section 11 reporting are explained below.

 

Who is a principal officer?

A principal officer is the person who heads the authority, its most senior officer or the person who usually presides at its meetings.  This is most commonly the Secretary or Chief Executive Officer of a state government authority, or the General Manager of a local council.  You should contact the ICAC for advice if you are uncertain about who is the principal officer in your agency.

 

Duty to report suspected corrupt conduct

The duty to report resides with the principal officer and cannot be delegated.  Where another person is acting as principal officer during periods of leave or other absence, the duty applies to that person.  The duty extends to any matter you become aware of and not just those concerning your own agency.

 

Reasonable grounds for suspicion

The words suspects on reasonable grounds mean there is a real possibility that corrupt conduct is or may be involved.  There needs to be more than idle speculation but there can be less than a firm belief.  Proof is not necessary.  In some cases you may hold the suspicion even though no individual has been identified.  Such matters should be reported.

 

Agencies often ask whether there is a cut off point, whereby matters of a minor nature need not be reported.  There is no easy answer to what constitutes a minor matter.  In the ICAC’s experience the real question is whether the conduct gives rise to a suspicion that it may involve corruption.  For example, the fact that a staff member’s cash register is short by a small sum of money on one occasion is unlikely to give rise to a reasonable suspicion that they have stolen the money.  Repeated occurrences may give rise to a suspicion that the person is either stealing money or is incompetent.

 

You are encouraged to contact the ICAC to discuss particular matters that you may be unsure about or to seek clarification on any issue of reporting corrupt conduct.  However, as a general rule, if you are unsure about a matter you are encouraged to err on the side of caution and report it to the ICAC.

 

When must a report be made?

The brief answer to this question is as soon as you have a reasonable suspicion that corrupt conduct may have occurred or may be occurring.  The ICAC Act contains no provision permitting delay in reporting.  The ICAC prefers matters to be reported prior to disciplinary or other action being taken.  To delay reporting can result in the loss of investigative opportunities.

 

If you obtain additional information after submitting your report, it will assist the ICAC if you provide that to us in a timely manner.

 

Matters must be reported to the ICAC regardless of any duty of secrecy or other restriction on disclosure.  Your section 11 duty to report overrides any obligation to maintain secrecy.

 

Internal Reporting Systems

Agencies need to have effective internal reporting systems in place to enable corrupt conduct to be reported.  It is important that all staff members are aware of these systems, consider them safe and believe that appropriate action will result from reports being made.

 

The ICAC can assist you with advice on how to develop internal reporting systems and to deal with problems sometimes encountered with such systems.

 

Maintaining confidentiality

It is important that reports to the ICAC be made without advising the person(s) to whom the report relates and without publicity.  Failure to handle reports to the ICAC confidentially may prejudice any subsequent investigation and may cause unnecessary damage or embarrassment to individuals.

 

Protection of the principal officer

Section 11 reporting is a statutory duty.  It has effect despite any duty of secrecy or other restriction on disclosure.  Provided reports are made in good faith you, as the principal officer, are protected from any criminal or civil liability.  This is the case even if the suspicion on which the report is based turns out to be untrue or unsubstantiated. (See s109(5) of the ICAC Act and also s27(d) of the Defamation Act 2005.)

 

4.         What is corrupt conduct?

 

Corrupt conduct is defined under the ICAC Act.  It involves deliberate or intentional wrongdoing involving (or affecting) a public official or public authority in NSW.

 

Public officials include people working in government departments, statutory authorities and local councils in NSW, as well as judges and magistrates and elected officials such as Parliamentarians and local government councillors.

 

For conduct to be considered corrupt under the ICAC Act definition it has to be serious enough to involve a criminal or disciplinary offence, be grounds for dismissal, or, in the case of Members of Parliament, involve a substantial breach of their code of conduct.  However, at the point you report to the ICAC you need not know with any certainty that this seriousness test can be satisfied as this will often only be known after a full investigation.

 

Some examples of corrupt conduct by public officials that fall within this definition include:

·          A company wants to do business with the government and pays a public official to choose that company for the job.

·          A public official accepts money or a gift to promote a development application.

·          A public official bypasses recruitment procedures to employ friends or family members.

·          A public official accesses confidential driver licence information as a favour to a friend.

·          A public official uses a corporate credit card to pay for personal items.

·          A public official extorts money from a disabled client in their care.

·          A public official uses a work computer and e-mail address to run a private internet business.

If you are unsure whether a complaint or suspected activity involves corrupt conduct, you are encouraged to err on the side of caution and report it to the ICAC.

5.         Making a section 11 report to the ICAC

 

Generally a report should be made in writing.  However, with serious matters it may be advisable to report initially by telephone if you consider that some urgent investigative action may be required.  A written report should then follow.  If you have any queries, please contact the manager of the assessments section for advice on (02) 8281 5786.

 

If your agency has significant numbers of relatively minor matters to report, you may seek approval from the ICAC to report some categories of matters by way of a schedule.

 

All section 11 reports should be addressed to the Commissioner of the ICAC, and marked to the attention of the Manager Assessments.

 

What should be included in a report?

 

Your report should describe what has happened.  The nature and the seriousness of the allegation should be clear from your report.  Descriptions such as “theft”, “fraud”, “improper conduct”, “assault” or “failure to declare a conflict of interest” are insufficient.

 

The checklist in the box below is a guide to what the report should include:

 

SECTION 11 REPORT CHECKLIST

'

a complete description of the allegations

'

the name and position of any public official/s alleged to be involved

'

the name/s of the person/s who made the allegation/s

'

the name and role of any other person/s relevant to the matter

'

the dates and/or time frames in which the alleged conduct occurred

'

an indication as to whether the conduct appears to be a one-off event or part of a wider pattern or scheme

'

the date the allegation was made or the date you became aware of the conduct

'

what your organisation has done about the suspected conduct, including notification to any other agency (for example, the NSW Police Force or the NSW Ombudsman)

'

what further action you propose

'

the approximate amount of money or value of resources (if any) involved

'

any other indicators of seriousness

'

any other information deemed relevant to the matter

'

copies of any relevant documents

'

the name of the relevant contact officer

'

whether or not the matter is a public interest disclosure under the Public Interest Disclosures Act 1994

 

If the matter is a public interest disclosure under section 27 of the Public Interest Disclosures Act 1994, we may need to notify the disclosant of the action the ICAC has taken, or proposes to take, within six months of the disclosure occurring.  We will therefore require the contact details, unless the information was received anonymously, of any person who has made a public interest disclosure.

 

The ICAC’s website includes a section 11 template reporting form, which you can download at www.icac.nsw.gov.au

 

6.         What to do after a report has been made

 

The ICAC will assess the information you have provided.  We may contact you for more information.

 

In the meantime, you should discuss with us any proposed steps you wish to take before you take them.  It can prejudice any action we may take if you commence an investigation without consultation.

 

Reporting to the ICAC does not affect obligations to report or refer matters to other bodies such as the NSW Police Force, the Audit Office of NSW or the NSW Ombudsman or to carry out disciplinary procedures after consultation with the ICAC.  For example, if you have reported a criminal matter to the ICAC you should also report it to the NSW Police Force

 

Fraud matters can also be reported to the Audit Office of NSW.

 

7.         How reports are assessed by the ICAC

 

The ICAC carefully reviews every section 11 report it receives.  All reports are referred to a panel of senior officers who make decisions about what action the ICAC should take.  Most often that panel decides that section 11 matters should be left with the reporting authorities to deal with.  The possible range of options, depending on the seriousness of the reported information, includes:

 

·          Further assessment to consider the significance of the information to the ICAC’s prevention work and whether advice should be provided to the reporting agency

·          Referral to an appropriate authority with a requirement that it investigate and report back to the ICAC.  (The power to make such a referral is contained in section 53 of the Act.  Should such a referral be proposed you will be consulted about the terms of the referral and provided with information about how to meet the requirements of the referral.)

·          Referral to another agency considered by the ICAC to be appropriately placed to deal with the information

·          Initial inquiries to be conducted by the ICAC

·          Immediate allocation to an ICAC investigative team with a view to formal investigation.

8.         Feedback from the ICAC

 

The ICAC acknowledges all reports received.  After a report is assessed, a letter will be sent to you outlining the ICAC’s decision and further action to be taken in relation to your report, if any is required.

9.         The benefits of section 11 reporting

 

Developing and maintaining an effective capacity to satisfy this statutory obligation will enable you to be better informed.  This is because it will require your organisation to have in place effective internal reporting systems for staff to report concerns or suspicions about corruption and an effective mechanism for receiving and responding to information from customers and contractors which may concern corruption.

 

The ICAC uses the information in section 11 reports it receives to improve its understanding of the nature and scope of corruption and corruption risks in the NSW public sector.  Whether or not a report is significant in its own right, its aggregation with other matters may assist to identify systemic corruption issues.  Greater knowledge of trends in corruption supports the ICAC’s work with the public sector to bring about long-term changes to attitudes and practices.

 

The ICAC Act is available from the ICAC website www.icac.nsw.gov.au

 

 

Contacting the ICAC

 

For further information and assistance on reporting corrupt conduct in general, and other issues raised in these guidelines, including any queries about public interest disclosures, please contact the manager of the assessments section on (02) 8281 5786.

 

For corruption prevention advice, contact the Corruption Prevention Division on (02) 8281 5999.


 

Section 11 reporting Template

Report of suspected corrupt conduct under s. 11 ICAC Act

The notification form and any other related documents can be sent to the ICAC by:

·                mail

·                hand delivery, or

·                courier.

 

Correspondence addressed to:

The Commissioner

Independent Commission Against Corruption

GPO Box 500

SYDNEY  NSW  2001

 

Attention: Manager Assessments

 

Personal delivery:

 

Level 7

255 Elizabeth Street,

SYDNEY NSW 2000

 

The notification form and relevant documents can be sent by email.  However care should be taken to ensure that the documents are correctly addressed, are not copied to persons who are not entitled to the information and cannot be accessed by unauthorised persons.  The notification form can be emailed to:

 

icac@icac.nsw.gov.au

 

As the duty to report suspected corrupt conduct resides with an agency’s principal officer and cannot be delegated, there needs to be a covering letter accompanying this form, signed by the principal officer.

 

Any queries can be directed to the Manager Assessments on (02) 8281 5786.

 


 

1.   Agency

1.1

Name:

    

Your ref number:

    

2.   Contact officer

2.1

Name:      

2.2

Position title:      

2.3

Address:      

2.4

Telephone:      

E-mail address:      

3.   Details of each person against whom the allegation/s has been made

3.1

Does this notification contain allegations of corrupt conduct against more than one person?

 Yes        No

3.1a

If yes, how many?             (Please copy this page for each person)

3.2

Family name:      

3.3

Given names:      

3.4

Gender:    Male      Female   Date of birth:                 Employee no:        

3.6

Home address:       

3.7

Home phone:      

3.8

Position title at time allegation made:      

3.9

Employment status with agency at the time the allegation was made (tick all applicable):

 Permanent       Part-time         Casual                 Contractor

 Other (state)      

3.10

Work address at the time of the alleged incident:      

3.11

Is the person/s aware that corrupt conduct allegations have been made against them?

 Yes                      No                          Unknown

If yes, please complete sections 3.12

3.12

Who informed the person the subject of the allegation/s?:

 Your agency (name of person):      

 Another agency (state which):      

 Other (describe):      

 Unknown

Date informed, if known:      

3.13

Have prior corrupt conduct allegations been made against the employee?   

 Yes   No   Unknown

3.14

If yes, when was the most recent?    Within 2yrs           2-5yrs           More than 5yrs ago

3.15

What was the result or finding of the investigation in regard to the prior allegation/s?

3.16

What action has been taken or is proposed by the agency in respect of the subject employee while the current allegation is being investigated and until final decisions are made?

 No action (state the current reason)      

 Increased supervision (describe)       

 Restriction on current duties (specify)      

 Transferred to alternate duties (specify)      

 Suspended with pay

 Suspended without pay

 Not re-engaged

 Not relevant as matter finalised

4.   Details of the allegations of corrupt conduct

4.1

Date of alleged incident/s:      

4.2

Location of alleged incident/s:      

4.3

Detailed description of corrupt conduct.   Attach relevant documentation where available:      

4.4

Is the conduct a one-off event or part of a wider pattern or scheme?   One-off       wider pattern/scheme

4.5

When did your agency become aware of the allegations?      

4.6

Contact details of the source of the allegations.      

If the matter is being treated as a public interest disclosure, please complete Section 5

4.7

Do the allegations involve money or resources?   Yes    No.

If Yes, outline the approximate amount or value of the resources:       


 

5.   Disclosures under the Public Interest Disclosures Act 1994 (the PID Act)

Under s. 27 of the PID Act, the Commission may be required to notify the discloser of ICAC action. If you have any concerns about releasing contact details, please let us know.

5.1

Does this notification arise out of a public interest disclosure?

 Yes        No

5.1a

If yes, how many persons are to be protected?             (Please copy this page for each person and provide details below).

5.2

Family name:      

5.3

Given names:      

5.4

Gender:    Male      Female

5.5

Home address:       

5.6

Home phone:      

5.7

Position title at time allegation made:      

5.8

Employment status with agency at the time the allegation was made (tick all applicable):

 Permanent       Part-time         Casual                 Contractor

 Other (state)      

5.9

Work address at the time of the alleged incident:       

5.10

Has support been offered/provided to the employee?           Yes  No  Unknown

5.11

If yes, what kind?      

5.12

If no, why not?      

6.   Interim action taken or proposed in respect of the corrupt conduct allegation(s)

6.1

Have you informed another agency?          Yes     No      Unknown    Not applicable

6.1a

If yes, name/s            

6.1b

When was that agency notified?      

6.1c

Contact details of the person to whom it was reported (telephone, email and postal address)       

6.1d

Does that agency intend to take, or has that agency taken, any action?

 Yes     No      Unknown   If yes, detail that action taken:       

6.2

Other than action outlined in 3.16, what action has your agency taken to date and why?       

6.3

Other than action outlined in 3.16, what action is your agency proposing to take and why?       

 


Item 14 Ordinary Meeting 24 July 2018

Item 14 - Annexure 2

 

Donations Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

09 July 2018

Author

Administration Manager 

Owner

(Relevant director)

Director of Finance & Corporate Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Draft

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

 

2 Summary

Provides for assistance given by Council by way of donations.

3 Approvals

Title

Date Approved

Signature

General Manager

 

 

4 History

Minute No.

Summary of Changes

New Version Date

 

Compilation of various policies: “Donations”, “Men’s Shed”,” Molong Advancement Group – Use of Mitchell Room”, “S356 Funds – Report to Council”, “Provision of Telephone Facilities”, “Donations under Section 356 to Offset Rate Levies and Charges”; and addition of “DA Fees” Category.

 

12/12/12

Submitted for adoption

17 December 2012

13/09/30

Readopted as per s165(4)

17 September 2013

 

5 Reason

This policy was created to document the way in which Council will support the community by way of a variety of donations.

6 Scope

This policy applies to individuals, community groups, not-for-profit organisations and S355 committees whose actions or activities bring benefit to the Cabonne LGA.

This policy does not include any support, initiatives or incentives available under Council’s Economic Development Strategy.

7 Associated Legislation

Local Government Act 1993

8 Definitions

LGA –                    Local Government Area

Men’s Shed -         A place where men can meet and engage in practical recreational pursuits and build up support networks among their peers.

DA fees and charges eligible to be donated - limited to:

a.    Development application fee

b.    *Construction certificate fee

c.    *Complying Development Certificate fee

*- only when issued by Council – not by private certifiers.

Aged Units -        relates to approved non-resident funded aged accommodation facilities for people on low income

9 Responsibilities

9.1 General Manager

The General Manager is responsible for the overall control and implementation of the policy.

9.2 Directors and Managers

Directors and Managers are responsible for the control of the policy and procedures within their area of responsibility.

9.3 Director of Environmental Services

Responsible for approving or preparing reports to Council in relation to applications for a donation equivalent to DA fees as required by the policy.

9.4 Finance Manager

Responsible to ensure donations and refunds are processed as per policy.

9.5 Community Services Manager

Responsible to report on applications for donations and sponsorships assessed to be of benefit to the wider community to Council for its consideration during Community Services Committee and Council meetings.

10 Related Documents

Document Name

Document Location

Donation Application Form

My Workspace/Letters and Templates/Public Application Forms

Economic Development Strategy

Council’s website

A listing of all current organisations, properties and levels of donation eligible for Rate and Charge equivalent donations

Council’s EDRMS system

11 Policy Statement

Council will provide assistance by way of donations in the following categories:

1.    donations and sponsorships in response to applications assessed to be of benefit to the wider community

2.    donations equivalent to General Rate / Water / Sewer charges and reimbursement of some service charges

3.    donations equivalent to refunds of Development Application (DA) fees

4.    Men’s Sheds – donations of cash and or services

5.    Progress Associations – donation of room hire for meetings

Procedure

Requests for donations shall be on the prescribed Donation Application Form: the covering report to Council will identify funding as being from the s.356 budget and identify the availability of funds and the impact of the expenditure on the budget.

An acknowledgment or full reply will be provided to applicants within the days nominated in Council’s Customer Service Guarantee.

1.   Donations and sponsorship - applications assessed to be of benefit to the wider community

Council will consider applications from individuals, groups and organisations for sponsorship and donations toward events and activities considered to be of benefit with priority given to those benefiting the Cabonne community.

Applications will be submitted for consideration on their merits at the Community Services Committee and/or Council meetings.

2.   Rate and Charge equivalent donations

Council resolved a policy in 1988 that an amount equal to the respective General Rates will be donated to Aged Units (as defined) within the Cabonne LGA (19 December 1988 Minute No: 8910/9).  Over time other organisations have been added. 

Council will contribute an amount equal to the rental cost of telephones at Cudal, Cumnock, Eugowra, Manildra and Yeoval pools subject to the Pool Committees meeting costs of calls: rental costs are to be funded from the Pool Maintenance Vote.

3.   Development Application (DA) fees

Council will donate an amount equal to refunding the actual amounts paid as Council DA fees and charges, as defined, in instances relating to Council owned / controlled or Crown Land where the improvement would become a Council Asset.

Any requests for a refund/donation of DA fees by Not-For-Profit/Community Organisations will be submitted for consideration by Council with the amount to be refunded / donated to be determined on a case by case basis.

For clarity it is noted the following fees are not eligible for donation: statutory fees such as long service levy, advertising, planning reform (plan first levy) and other fees which may be charged including inspections, occupation certificate, subdivision, subdivision certificates, integrated development and principal certifying authority.

All fees associated with development applications, construction certificate applications and complying development applications are to be paid with the application.  Requests for a refund of DA fees are to be made in writing on the prescribed form, stating the grounds or reasons justifying why Council should donate an amount equal to the relevant fees.

 

Fees to be donated back to the applicant will only be donated after determination of the relevant application.

 

Council staff may process any such requests within the limits of the policy.  Any requests exceeding the policy are to be reported to Council for consideration.

4.   Men’s Shed

Men’s Sheds in the Cabonne LGA are varied in their circumstances and needs with some operating from Council controlled buildings and others meeting in places owned by other organisations.

 

In the past support given by Council has included:

 

1.   The donation of money

2.   Supply of Concrete for the construction of a new shed

3.   Loans on favourable terms

4.   Assistance in identifying grant opportunities

5.   Assistance in writing grant applications

6.   The use of Council owned/controlled Buildings

7.   Lobbying to other bodies

8.   Waiving of fees and charges both partial and full

 

For all requests for assistance from Men’s Sheds that have not previously secured more than minor assistance from Council, Council will: 

 

1.   Consider making donations of up to $1,500.00 to assist with establishment costs

2.   Consider loaning funds to assist with establishment costs

3.   Consider waiving fees and charges

4.   Provide assistance in identifying grant opportunities

5.   Provide limited assistance in writing Grant Applications

6.   Consider requests to use Council owned buildings at favourable rates

7.   Assisting them in lobbying for the support of other organisations

 

For all requests for assistance from Men’s Sheds that have previously received substantial assistance from Council, Council will:

 

1.   Consider making donations of up to $200.00 to assist with new projects

2.   Consider waiving fees and charges

3.   Provide assistance in identifying grant opportunities

4.   Provide limited assistance in writing Grant Applications

5.   Consider requests to lease Council owned buildings at favourable rates

6.   Assisting them in lobbying for the support of other organisations

 

Council may at its discretion consider other requests on an individual basis and be mindful of treating all Men’s Sheds in Cabonne in an equitable manner.

 


Item 14 Ordinary Meeting 24 July 2018

Item 14 - Annexure 3

 

Privacy Management Plan Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

28 June 2018

Author

Administration Manager

Owner

(Relevant director)

Director of Finance & Corporate Services

Status –

Draft, Approved, Adopted by Council, Superseded or Withdrawn

Draft

Next Review Date

Within 12 months of Council being elected or when information practices are reviewed

Minute number
(once adopted by Council)

 

2 Summary

Council has as a matter of policy adopted a Privacy Management Plan which outlines policies and practices to ensure compliance with the Privacy and Personal Information Protection Act 1998.

3 Approvals

Title

Date Approved

Signature

General Manager

 

 

4 History

Minute No.

Summary of Changes

New Version Date

00/07/6

First adopted

17 July 2000

10/02/17

Readopted by Council

15 February 2010

 

Not further reviewed as advice received that the Division of Local Government, Department of Premier and Cabinet and the Office of the NSW Privacy Commissioner are currently reviewing the Model Privacy Management Plan for Local Government

Email dated 11 April 2011

(doc ID 233565 refers)

13/09/30

Readopted as per s165(4)

17 September 2013

13/10/10

 

Updated based on the release of a new Model Privacy Management Plan for Local Government by the DLG January 2013.

15 October 2013

15/02/11

Updated with addition of timeframes for review by the Administrative Decisions Tribunal – see 6.3

24 February 2015

 


Reason

The Privacy and Personal Information Protection Act 1998 (the “PPIPA”) requires all councils to prepare a Privacy Management Plan outlining their policies and practices to ensure compliance with the requirements of that Act and the Health Records and Information Privacy Act 2002 (the HRIPA).

5 Scope

Council collects, stores and uses a broad range of information.  A significant part of that information is personal information.  This Plan applies to that part of the Council’s information that is personal information.  This Plan applies, wherever practicable, to:

 

•          Councillors;

•          Council employees;

•          Consultants and contractors of the Council;

•          Council owned businesses; and

•          Council committees (including community members of those committees which may be established under section 355 of the LGA).

6 Associated Legislation

Local Government Act 1993

Privacy and Personal Information Protection Act 1998

Health Records and Information Privacy Act 2002

Government Information (Public Access) Act 2009

Plus others - refer to Plan.

7 Definitions

HRIPA - Health Records and Information Privacy Act 2002

LGA - Local Government Act 1993

PPIPA - The Privacy and Personal Information Protection Act 1998

Plus others - refer to Plan

8 Responsibilities

8.1 General Manager

The General Manager has the responsibilities referred to within the Plan.

8.2 Administration Manager

The Administration Manager has the responsibilities attributed to the Public Officer and those assigned to the role of the Privacy Contact Officer referred to within the Plan.

8.3 Others

Others including councillors, employees, contractors, consultants and members of s355 committees have the responsibilities included in the relevant legislation and this Plan.

9
Related Documents

Document Name

Document Location

Privacy Code of Practice for Local Government June 2010

 

Magiq Documents – Doc Id 456297

OLG Director General’s guidelines re Companion Animals Register

 

OLG website

 

10 Policy Statement

TABLE OF CONTENTS

 

Preface. 5

Part 1 – Introduction. 5

1.1       What is “personal information”?. 6

1.2       What is not “personal information” 6

1.3       Policy on Electoral Rolls. 7

1.4       Application of this Plan.. 7

1.5       Personal Information held by Council 8

1.6       Applications for suppression in relation to general information (not public registers). 8

1.7       Caution as to unsolicited information.. 9

Part 2 – Public Registers. 10

2.1       Public registers, the PPIPA and the HRIPA.. 11

2.2       Effect on section 6 of the GIPA Act 11

2.3       Where some information in the public register has been published. 12

2.4       Disclosure of personal information contained in the public registers. 12

2.5       Purposes of public registers. 12

2.6       Applications for access to own records on a public register 14

2.7       Applications for suppression in relation to a public register 14

2.8       Other registers. 15

Part 3 – The Information Protection Principles. 16

3.1       Information Protection Principle 1 – Section 8. 16

3.2       Information Protection Principle 2 – Direct Collection.. 18

3.3       Information Protection Principle 3 - Requirements when collecting personal information  20

3.4       Information Protection Principle 4 - Other requirements relating to collection of personal information.. 23

3.5       Information Protection Principle 5 - Retention and security of personal information   24

3.6       Information Protection Principle 6 - Information held by agencies. 25

3.7       Information Protection Principle 7 - Access to personal information held by agencies  26

3.8       Information Protection Principle 8 - Alteration of personal information.. 27

3.9       Information Protection Principle 9 - Agency must check accuracy of personal information before use. 30

3.10    Information Protection Principle 10 - Limits on use of personal information.. 30

3.11    Information Protection Principle 11 - Limits on disclosure of personal information   33

3.12    Information Protection Principle 12 - Special restrictions on disclosure of personal information.. 36

Part 4 – Health Privacy Principles. 39

Part 5 – Implementation of the Privacy Management Plan. 56

5.1       Training Seminars/Induction. 56

5.2       Responsibilities of the Privacy Contact Officer 56

5.3       Distribution of information to the public. 57

Part 6 – Decision Review options. 58

6.1       How does the process of Internal Review operate?. 58

6.2       What happens after an Internal Review?. 58

6.3       Is there a timeframe for a review by the Administrative Decisions Tribunal?. 59

Part 7 – Other Relevant Matters. 60

7.1       Contracts with consultants and other private contractors. 60

7.2       Confidentiality. 60

7.3       Misuse of personal or health information. 60

7.4       Regular review of the collection, storage and use of personal or health information  60

7.5       Regular review of Privacy Management Plan.. 60

7.6       Further information.. 60

Part 8 – Appendices. 61

Appendix 1: Statutory Declaration for access under Section 57 of the Privacy and Personal Information Protection Act 1998 to a Public Register held by Council 62

Appendix 2: Base wording for Privacy Notification and Sample. 63

- Section 10 (Pre – Collection) 63

Appendix 3: Base wording for Privacy Notification and Sample. 64

- Section 10 (Post – Collection) 64

Appendix 4: Application under Section 13 of the Privacy and Personal Information Protection Act 1998: To determine whether Council holds personal information about a person. 65

Appendix 5: Application under section 14 of the Privacy And Personal Information Protection Act 1998: For access to Applicant’s Personal Information.. 66

Appendix 6: Application under section 15 of the Privacy and Personal Information Protection Act 1998: For alteration of Applicant’s Personal Information. 67


Preface

The Privacy and Personal Information Protection Act 1998 (the “PPIPA”) requires all councils to prepare a Privacy Management Plan outlining their policies and practices to ensure compliance with the requirements of that Act and the Health Records and Information Privacy Act 2002 (the HRIPA).

In particular, the object of this plan is to inform:

·    The community about how their personal information will be used, stored and accessed after it is collected by the Council; and

·    Council staff of their obligations in relation to handling personal information and when they can and cannot disclose, use or collect it.

Part 1 – Introduction

The Privacy and Personal Information Protection Act 1998 (“PPIPA”) provides for the protection of personal information and for the protection of the privacy of individuals.

Section 33 of the PPIPA requires all councils to prepare a Privacy Management Plan (the “Plan”) to deal with:

·       the devising of policies and practices to ensure compliance by the Council with the requirements of the PPIPA and the Health Records and Information Privacy Act 2002 (“HRIPA”);

·       the dissemination of those policies and practices to persons within the Council;

·       the procedures that the Council proposes for internal review of privacy complaints;

·       such other matters as are considered relevant by the Council in relation to privacy and the protection of personal information held by it.

This Plan has been prepared for the purpose of section 33 of the PPIPA.

PPIPA provides for the protection of personal information by means of 12 Information Protection Principles.  Those principles are listed below:

Principle 1 - Collection of personal information for lawful purposes

Principle 2 - Collection of personal information directly from individual

Principle 3 - Requirements when collecting personal information

Principle 4 - Other requirements relating to collection of personal information

Principle 5 - Retention and security of personal information

Principle 6 - Information about personal information held by agencies

Principle 7 - Access to personal information held by agencies

Principle 8 - Alteration of personal information

Principle 9 - Agency must check accuracy of personal information before use

Principle 10 - Limits on use of personal information

Principle 11 - Limits on disclosure of personal information

Principle 12 - Special restrictions on disclosure of personal information

 

Those principles are modified by the Privacy Code of Practice for Local Government (“the Code”) made by the Attorney General.  To date there has been no Health Records and Information Privacy Code of Practice made for Local Government.

 

The Privacy Code has been developed to enable Local Government to fulfil its statutory duties and functions under the Local Government Act 1993 (the “LGA”) in a manner that seeks to comply with the PPIPA.

 

This Plan outlines how the Council will incorporate the 12 Information Protection Principles into its everyday functions.

 

This Plan should be read in conjunction with the Code of Practice for Local Government.

 

Nothing in this Plan is to:

·       affect any matter of interpretation of the Codes or the Information Protection Principles and the Health Privacy Principles as they apply to the Council;

·       affect any obligation at law cast upon the Council by way of representation or holding out in any manner whatsoever;

·       create, extend or lessen any obligation at law which the Council may have.

 

This Plan is designed to introduce policies and procedures to maximise compliance with the PPIPA and the HRIPA.

 

Where the Council has the benefit of an exemption, it will nevertheless describe procedures for compliance in this Plan.  By doing so, it is not to be bound in a manner other than that prescribed by the Codes.

 

Council collects, stores and uses a broad range of information.  A significant part of that information is personal information.  This Plan applies to that part of the Council’s information that is personal information.

 

It may mean in practice that any information that is not personal information will receive treatment of a higher standard; namely treatment accorded to personal information where the information cannot be meaningfully or practicably separated.

 

1.1      What is “personal information”?

 

“Personal information” is defined in section 4 of the PPIPA as follows:

 

Personal information is defined to mean information or an opinion about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion.  This information can be on a database and does not necessarily have to be recorded in a material form.

 

1.2      What is not “personal information”

 

“Personal information” does not include “information about an individual that is contained in a publicly available publication”.  Personal information, once it is contained in a publicly available publication, ceases to be covered by the PPIPA.

 

Section 4A of the PPIPA also specifically excludes “health information”, as defined by section 6 of the HRIPA, from the definition of “personal information”, but includes “health information” in the PPIPA’s consideration of public registers (discussed below).  “Health information” is considered in Part 4 of this Plan.

 

Where the Council is requested to provide access or make a disclosure and that information has already been published, then the Council will rely on the provisions of the relevant Act that authorises Council to hold that information and not the PPIPA (for example, section 8 of the Government Information (Public Access) Act 2009 (GIPA Act).

 

Council considers the following to be publicly available publications:

·       An advertisement containing personal information in a local, city or national newspaper;

·       Personal information on the Internet;

·       Books or magazines that are printed and distributed broadly to the general public;

·       Council Business papers or that part that is available to the general public;

·       Personal information that may be a part of a public display on view to the general public.

 

Information published in this way ceases to be covered by the PPIPA. 

 

Council’s decision to publish in this way must be in accordance with PPIPA.

 

1.3      Policy on Electoral Rolls

 

The Electoral Roll is a publicly available publication.  Council will provide open access to the Electoral Roll by the public being able to use computers in Council’s libraries at Canowindra, Manildra and Molong to access electoral bodies’ rolls.  Council will refer any requests for copies of the Electoral Roll to the State Electoral Commissioner.

 

1.4      Application of this Plan

 

The PPIPA, the HRIPA and this Plan apply, wherever practicable, to:

·       Councillors;

·       Council employees;

·       Consultants and contractors of the Council;

·       Council owned businesses; and

·       Council committees (including community members of those committees which may be established under section 355 of the LGA).

 

Council will ensure that all such parties are made aware that they must comply with the PPIPA, the HRIPA, any other applicable Privacy Code of Practice and this Plan.

 

1.5      Personal Information held by Council

 

The Council holds personal information concerning Councillors, such as:

·       personal contact information;

·       complaints and disciplinary matters;

·       pecuniary interest returns; and

·       entitlements to fees, expenses and facilities.

 

The Council holds personal information concerning its customers, ratepayers and residents, such as:

·       rates records; and

·       DA applications and objections; and

·       various types of health information (see Part 4 for detailed examples).

 

The Council holds personal information concerning its employees, such as:

·       recruitment material;

·       leave and payroll data;

·       personal contact information;

·       performance management plans;

·       disciplinary matters;

·       pecuniary interest returns;

·       wage and salary entitlements; and

·       health information (such medical certificates and workers compensation claims).

 

1.6      Applications for suppression in relation to general information (not public registers).

 

Under section 739 of the LGA a person can make an application to suppress certain material that is available for public inspection in circumstances where the material discloses or would disclose the person’s place of living if the person considers that the disclosure would place the personal safety of the person or their family at risk.

 

Section 739 of the LGA relates to publicly available material other than public registers.  As such, it limits disclosure in those circumstances where an application for suppression is successful.  An application for suppression must be verified by statutory declaration and otherwise meet the requirements of section 739.  When in doubt, Council will err in favour of suppression.

 

For more information regarding disclosure of information (other than public registers) see the discussion of IPPs 11 and 12 in Part 3 of this Plan.  For information regarding suppression of information on public registers, see Part 2 of this Plan.

 

1.7      Caution as to unsolicited information

 

Where an individual, a group or committee, not established by Council, gives Council unsolicited personal or health information, then that information should be still treated in accordance with this Plan, the Codes, the HRIPA and the PPIPA for the purposes of IPPs 5-12 and HPPs 5-15 which relate to storage, access, use and disclosure of information.

 

Note that for the purposes of section 10 of the HRIPA, the Council is not considered to have “collected” health information if the receipt of the information by the Council is unsolicited.

 

Section 4(5) of the PPIPA also provides that personal information is not “collected” by Council if it is unsolicited.


 

Part 2 – Public Registers

 

A public register is defined in section 3 of the PPIPA:

 

“…public register means a register of personal information that is required by law to be, or is made, publicly available or open to public inspection (whether or not on payment of a fee).”

 

A distinction needs to be drawn between “public registers” within the meaning of Part 6 of the PPIPA and “non public registers”.  A “non public register” is a register but it is not a “public register” for the purposes of the PPIPA.  For example, the register might not be publicly available or it may not contain personal information.

 

Disclosure in relation to public registers must comply with Part 6 of the PPIPA and the Privacy Code.  Personal information cannot be accessed by a person about another person unless the personal information is contained in a public register. Where personal information is contained in a public register, then Part 6 of the PPIPA applies to determine whether access to that information will be given to another person.

 

Disclosure in relation to all other personal information must comply with the Information Protection Principles as outlined in Part 2 of this Plan and the Privacy Code where it includes personal information that is not published. 

 

The Council holds the following public registers under the LGA: ***

·       Section 53 - Land Register

·       Section 113 - Records of Approvals;

·       Section 449 -450A - Register of Pecuniary Interests;

·       Section 602 - Rates Record.

 

***Note – this is purely indicative.  Council may, by virtue of its own practice, hold other Public Registers, to which the PPIPA applies.

 

Council holds the following public registers under the Environmental Planning and Assessment Act:

·       Section 4.58 – Register of consents and certificates

·       Section 6.26(8) – Record of building information certificates issued

 

Council holds the following public register under the Protection of the Environment (Operations) Act:

 

·       Section 308 – Public register of licences held

 

Council holds the following public register under the Impounding Act 1993:

 

·       Section 30 & 31 – Record of impounding

 

Members of the public may enquire only in accordance with the primary purpose of any of these registers.  The primary purpose for each of these public registers is set out in the sections that follow.

 

2.1      Public registers, the PPIPA and the HRIPA

 

A public register generally confers specific rights or privileges, a benefit, or status, which would not otherwise exist.  It may be required by law to be made publicly available or open to public inspection, or it is simply made publicly available or open to public inspection (whether or not payment is required).

 

Despite the exclusion of “health information” from the definition of “personal information” under section 4A of the PPIPA, section 56A of the PPIPA includes as “personal information”, “health information” on public registers. 

 

Section 57 of the PPIPA requires very stringent controls over the disclosure of personal information contained in a public register.  It provides broadly that where Council is responsible for keeping a public register, it will not disclose any personal information kept in that register unless it is satisfied that the information is to be used for a purpose relating to the purpose of the register or the Act under which the register is kept. 

 

Section 57 (2) provides that in order to ensure compliance with section 57(1), a Council may require any person who applies to inspect personal information contained in the public register to give particulars in the form of a statutory declaration as to the proposed use of that information.  (Form at Appendix 1 may be used a guide)

 

Councils also need to consider the Privacy Code of Practice for Local Government which has the effect of modifying the application of Part 6 of the PPIPA (the “public register” provisions).

 

If the stated purpose of the applicant does not conform with the purpose for which the public register is kept, access to the information sought will not be given.

 

Where personal information is contained in a publicly available publication, that information will not be regarded as personal information covered by the PPIPA or as health information for the purposes of part 6 of the PPIPA.

 

2.2      Effect on section 6 of the GIPA Act

 

Section 57 of the PPIPA prevails over clause 1(3) of Schedule 1 of the Government Information (Public Access) Regulation 2009 (GIPA Regulation) to the extent of any inconsistency.  Therefore:

1.    If a register is listed in Schedule 1 of the GIPA Regulation, access must not be given except in accordance with section 57(1) of the PPIPA.

2.    If a register is not listed in Schedule 1 of the GIPA Regulation, access must not be given except:

 

(i)         if it is allowed under section 57(1) of the PPIPA; and

(ii)        there is no overriding public interest against disclosure of the information under section 6 of the GIPA Act.

 

Note: Both 1 and 2 are amended with regard to specific public registers in the Privacy Code of Practice for Local Government.

 

2.3      Where some information in the public register has been published

 

That part of a public register that is not published in a publicly available publication will be treated as a “public register” and the following procedure for disclosure will apply.

 

For example, the Register of Consents and Certificates held by Council under section 4.58 of the Environmental Planning and Assessment Act requires Council to advertise or publish applications for development consent.

 

When Council publishes the address of the property, it may identify the owner.  The personal information that has not been published and any applications not advertised or that have been rejected or withdrawn (and hence also not published) will be treated as a public register under PPIPA.

 

Council may hold a register under the Contaminated Land Management Act on behalf of the Environment Protection Authority.  This is not to be considered a public register of the Council as the statute does not place any obligations on the Council to make this register publicly available as a register of contaminated land.  Furthermore, the legislation foreshadows that the Environment Protection Authority may indeed post this list or register on the internet.  This may constitute a publication of the information and therefore the PPIPA will not apply.

 

Registers should not be published on the internet.

 

2.4      Disclosure of personal information contained in the public registers

 

A person seeking a disclosure concerning someone else’s personal information from a public register must satisfy Council that the intended use of the information is for a purpose relating to the purpose of the register or the Act under which the register is kept.

 

In the following section, by way of guidance only, what might be called the “primary” purpose (or “the purpose of the register”) has been specified for each identified register.  In some cases a “secondary purpose” has also been specified, by way of guidance as to what might constitute “a purpose relating to the purpose of the register”.

 

2.5      Purposes of public registers

 

Purposes of public registers under the Local Government Act

 

Section 53 - Land Register – The primary purpose is to identify all land vested in Council, or under its control.  The secondary purpose includes a consideration of public accountability as to the land held by Council.  Third party access is therefore a secondary purpose.

 

Section 113 - Records of Approvals – The primary purpose is to identify all approvals granted under the LGA.

 

Section 450A - Register of Pecuniary Interests – The primary purpose of this register is to determine whether or not a Councillor or a member of a council committee has a pecuniary interest in any matter with which the council is likely to be concerned.  There is a corresponding public accountability purpose and third party access is a secondary purpose.

 

Section 602 - Rates Record - The primary purpose is to record the value of a parcel of land and record rate liability in respect of that land.  The secondary purpose includes recording the owner or lessee of each parcel of land.  For example, that a disclosure on a section 603 (of the LGA) rating certificate that a previous owner was a pensioner is considered to be allowed, because the secondary purpose is “a purpose relating to the purpose of the register”.

 

Purposes of public registers under the Environmental Planning and Assessment Act

 

Section 4.58 – Register of consents and certificates – The primary purpose is to identify applications for development consent and other approvals, confirm determinations on appeal and identify applications for complying development certificates.

 

Section 6.28(8) – Record of building information certificates – The primary purpose is to identify all building certificates.

 

Purposes of public registers under the Protection of the Environment (Operations) Act

 

Section 308 – Public register of licences held – The primary purpose is to identify all licences granted under the Act. 

 

Purposes of the public register under the Impounding Act

 

Section 30 & 31 – Record of impounding – The primary purpose is to identify any impounding action by Council.

 

Secondary purpose of all Public Registers

 

Due to the general emphasis (to be found in the LGA and elsewhere) on local government processes and information being open and accountable, it is considered that a secondary purpose for which all public registers are held by Council includes the provision of access to members of the public.  Therefore disclosure of specific records from public registers would normally be considered to be allowable under section 57 of the PPIPA. 

 

However, requests for access, copying or the sale of the whole or a substantial part of a Public Register held by Council will not necessarily fit within this purpose.  Council should be guided by the Privacy Code of Practice for Local Government in this respect.  Where Council officers have doubt as to the intended use of the information, an applicant may be requested to provide a statutory declaration so that Council may satisfy itself as to the intended use of the information.

 

Council will make its assessment as to the minimum amount of personal information that is required to be disclosed with regard to any request.

 

Other Purposes

 

Persons or organisations who apply to Council to have access to the information contained in any public register for a purpose not related to the purpose of the register, may be given access at the discretion of Council but only in accordance with the Privacy Code of Practice for Local Government concerning Public Registers.

 

2.6      Applications for access to own records on a public register 

 

A person wishing to have access to a public register to confirm their own details needs only to prove their identity to Council before having access to their own personal information.

 

2.7      Applications for suppression in relation to a public register

 

An application for suppression in relation to a public register will be dealt with under PPIPA, rather than section 739 of the LGA.

 

A person about whom personal information is contained (or proposed to be contained) in a public register, may request Council under section 58 of the PPIPA to have the information removed from, or not placed on the register.

 

If Council is satisfied that the safety or well-being of any person would be affected by not suppressing the personal information as requested, Council will suppress the information in accordance with the request unless Council is of the opinion that the public interest in maintaining public access to the information outweighs any individual interest in suppressing the information, in accordance with section 58(2) of the PPIPA.  (“Well-being” is defined in the Macquarie Dictionary as “the good or satisfactory condition of existence; welfare”.)

 

When in doubt, Council will err in favour of suppression.

 

Any information that is removed from, or not placed on, that aspect of a public register to be made public may be kept on the register for other purposes.  That is, the information may still be used for council functions, but it cannot be disclosed to other parties.

 

An application for suppression should be made in writing addressed to the General Manager and must outline the reasons for the request.  The Council may require supporting documentation where appropriate.

 

2.8      Other registers

 

Council may have other registers that are not public registers.  The Information Protection Principles, this Plan, any applicable Codes and the PPIPA apply to those registers or databases.

 


Part 3 – The Information Protection Principles

 

3.1      Information Protection Principle 1 – Section 8

 

Section 8 Collection of personal information for lawful purposes

 

(1)     A public sector agency must not collect personal information unless:

(a)     the information is collected for a lawful purpose that is directly related to a function or activity of the agency, and

(b)     the collection of the information is reasonably necessary for that purpose.

(2)     A public sector agency must not collect personal information by any unlawful means.

 

The Privacy Code of Practice for Local Government

 

The Code makes no provision to depart from the requirements of this principle.

 

Council Policy

 

Council will only collect personal information for a lawful purpose as part of its proper functions.  The LGA governs Council’s major obligations and functions. 

 

Section 22 of the LGA provides other functions under other Acts.  Some of those Acts are as follows:

·       Community Land Development Act 1989

·       Companion Animals Act 1998**

·       Conveyancing Act 1919

·       Environmental Planning and Assessment Act 1979

·       Fire Brigades Act 1989

·       Fluoridation of Public Water Supplies Act 1957

·       Food Act 2003

·       Impounding Act 1993

·       Library Act 1939

·       Protection of the Environment Operations Act 1997

·       Public Health Act 2010

·       Recreation Vehicles Act 1983

·       Roads Act 1993

·       Rural Fires Act 1997

·       State Emergency Service Act 1989

·       Strata Schemes Development Act 2015

·       Swimming Pools Act 1992

This list is not exhaustive.

 

Additionally, the exercise by Council of its functions under the LGA may also be modified by the provisions of other Acts.  Some of those Acts follow:

 

·       Environmental Offences and Penalties Act 1989;

·       Government Information (Public Access) Act 2009;

·       Heritage Act 1977;

·       State Emergency and Rescue Management Act 1989;

·       Unclaimed Money Act 1995.

 

The circumstances under which Council may collect information, including personal information, are varied and numerous.

 

Council will not collect any more personal information than is reasonably necessary for it to fulfil its proper functions.

 

Anyone engaged by Council as a private contractor or consultant that involves the collection of personal information must agree to be bound not to collect personal information by any unlawful means.  This will include debt recovery actions by or undertaken on behalf of Council by commercial agents.

 

**Companion Animals Act

 

Collection of information under the Companion Animals Act and Council’s use of the Companion Animals Register should be guided by the guideline on the exercise of functions under the Companion Animals Act.  Refer to the OLG website for guidelines.

 

Role of the Privacy Contact Officer

 

In order to ensure compliance with Information Protection Principle 1, internet contact forms, rates notices, application forms of whatsoever nature, or written requests by which personal information is collected by Council; will be referred to the Privacy Contact Officer prior to adoption or use.

 

The Privacy Contact Officer will also provide advice as to:

 

1.   Whether the personal information is collected for a lawful purpose;

 

2.   If that lawful purpose is directly related to a function of Council; and

 

3.   Whether or not the collection of that personal information is reasonably necessary for the specified purpose.

 

Any further concerns of a legal nature will be referred to Council’s solicitor.

 

3.2      Information Protection Principle 2 – Direct Collection

 

Section 9 Collection of personal information directly from individual

 

A public sector agency must, in collecting personal information, collect the information directly from the individual to whom the information relates unless:

(a)     the individual has authorised collection of the information from someone else, or

(b)     in the case of information relating to a person who is under the age of 16 years—the information has been provided by a parent or guardian of the person.

 

The Privacy Code of Practice for Local Government

 

The Code makes provision for Council to depart from this principle where indirect collection of personal information is reasonably necessary when an award, prize, benefit or similar form of personal recognition is intended to be conferred upon the person to whom the information relates.  Examples include Youth of the Month and Australia Day awards nominations.

 

Council Policy

 

The compilation or referral of registers and rolls are the major means by which the Council collects personal information.  For example, the information the Council receives from the Land Titles Office would fit within section 9(a) above. 

 

Other means include forms that customers may complete and lodge with Council for development consent, companion animal registration, applications for specific inspections or certifications or applications in respect of tree preservation orders.

 

In relation to petitions, the Council will treat the personal information contained in petitions in accordance with PPIPA.

 

Where Council or a Councillor requests or requires information from individuals or groups, that information will be treated in accordance with PPIPA.

 

Council regards all information concerning its customers as information protected by PPIPA. Council will therefore collect all personal information directly from its customers except as provided in section 9 or under other statutory exemptions or Codes of Practice.  Council may collect personal information from other public sector agencies in respect of specific statutory obligations where it is authorised by law to do so. 

 

Where Council anticipates that it may otherwise need to collect personal information indirectly it will first obtain the authorisation of each individual under section 9 (a) of the PPIPA.

 

External and related bodies

 

Each of the following will be required to comply with this Plan, any applicable Privacy Code of Practice, and the PPIPA:

·       Council owned businesses

·       Council consultants

·       Private contractors

·       Council committees

 

Council will seek to contractually bind each of these bodies or persons to comply with the PPIPA. 

 

Where any of the above collect personal information on behalf of Council or in relation to the performance of their activities, that body or person will be required to:

·       obtain a written authorisation and consent to that collection; and

·       notify those persons in accordance with Information Protection Principle 3 as to the intended recipients and other matters required by that principle.

 

Council owned businesses, committees and private contractors or consultants must abide by this Plan, the relevant Codes and the PPIPA under the terms of their incorporation by Council or by contract.

 

Investigative Functions

 

Where Council is conducting an investigation, it will have regard to any applicable Direction of the Privacy Commissioner under section 41 of the PPIPA that may affect the application of Information Protection Principle 2.

 

Existing statutory exemptions under the Act

 

Compliance with Information Protection Principle 2 is also subject to certain exemptions under the Act.  If one of those exemptions applies, Council need not comply.  The statutory exemption will be relied upon only in very obvious and limited circumstances and legal advice should normally be obtained.

 

The relevant statutory exemptions follow:

 

Section 23(2) of the PPIPA permits non-compliance with Information Protection Principle 2 if the information concerned is collected in connection with proceedings (whether or not actually commenced) before any court or tribunal.

 

Section 24(4) of the PPIPA extends the operation of section 24(1) to councils and permits non-compliance with Information Protection Principle 2 if a council is:

 

(i)      investigating or otherwise handling a complaint or other matter that could be referred or made to, or has been referred from or made by, an investigative agency; and

(ii)     if compliance might detrimentally affect (or prevent the exercise of) the Council’s complaint handling or investigative functions.

 

Section 25(a) of the PPIPA permits non-compliance with Information Protection Principle 2 where the agency is lawfully authorised or required not to comply with the principle.

 

(iii)    Section 25(b) of the PPIPA permits non-compliance with Information Protection Principle 2 where non-compliance is “necessarily implied” or “reasonably contemplated” under any Act or law.

 

Section 26(1) of the PPIPA permits non-compliance with Information Protection Principle 2 if compliance would prejudice the interests of the individual concerned.

 

Further Explanation regarding IPP 2

 

Where Council cannot collect personal information directly from the person, it will ensure one of the following:

 

1.      Council has obtained authority from the person under section 9(a) of the PPIPA.

 

2.      The collection of personal information from a third party is permitted under an Act or law. (For example, the indirect collection from the Land Titles Office.)

 

3.      The collection of personal information from a parent or guardian is permitted provided the person is less than 16 years of age.

 

4.      The collection of personal information indirectly where one of the above exemptions applies.

 

5.      The collection of personal information indirectly is permitted under the Privacy Code of Practice for Local Government or the Investigative Code of Practice.

 

The only other exception to the above is in the case where Council is given unsolicited information.

 

3.3      Information Protection Principle 3 - Requirements when collecting personal information

 

Section 10        Requirements when collecting personal information

 

If a public sector agency collects personal information from an individual, the agency must take such steps as are reasonable in the circumstances to ensure that, before the information is collected or as soon as practicable after collection, the individual to whom the information relates is made aware of the following:

 

(a)     the fact that the information is being collected,

(b)     the purposes for which the information is being collected,

(c)     the intended recipients of the information,

(d)     whether the supply of the information by the individual is required by law or is voluntary, and any consequences for the individual if the information (or any part of it) is not provided,

(e)     the existence of any right of access to, and correction of, the information,

(f)      the name and address of the agency that is collecting the information and the agency that is to hold the information.

 

The Privacy Code of Practice for Local Government

 

The Code makes provision for Council to depart from this principle where personal information is collected about an individual for the purpose of conferring upon that person, an award, prize, benefit or similar form of personal recognition without prior or subsequent notification.

 

Council Policy

 

Where Council proposes to collect personal information directly from the person, it will inform that person that the personal information is being collected, what is done with that information and who the intended recipients will be.

 

Council will inform persons if the information is required by law or voluntarily given.  Council will also inform individuals that Council will hold their personal information, and of the right to access and correct that information.  Council will adapt the base wording for pre-collection Privacy Notification as appropriate (See Appendix 2 for wording and sample).

 

The following are examples of application procedures that will require a Privacy Notice in accordance with section 10:

·       Lodging Development Applications;

·       Lodging objections to Development Applications;

·       Lodging applications for approval under the LGA;

·       Any stamps or printed slips that contain the appropriate wording for notification under section 10 (see Appendix 2); and

·       When collecting an impounded item.

 

In relation to the Privacy Notification Form that may be attached to a Development Application provided to objectors, it could be stated that objectors have a right to remain anonymous if they so choose.  However, should there be a need to substantiate their objections, anonymous objections may be given less weight (or no weight) in the overall consideration of the Application.

 

 

 

 

 

 

Post - Collection

 

Where Council collects personal information by another procedure which does not allow providing a Privacy Notice, it will advise those individuals that it has collected their personal information by including a privacy notification in an acknowledgment letter. 

 

Appendix 3 contains a sample Privacy Notice that could be used for post-collection.

 

External and related bodies

 

Each of the following will be required to comply with Information Protection Principle 3:

·       Council owned businesses

·       Council consultants

·       Private contractors

·       Council committees

 

Council will seek to contractually bind each of these bodies or persons to comply with the Information Protection Principle 3. 

 

Where any of the above collects personal information on behalf of Council or in relation to the performance of their activities, that body or person will be required to notify those persons in accordance with Information Protection Principle 3 as to the intended recipients and other matters required by that principle. 

 

Investigative Functions

 

Where Council is conducting an investigation, it will have regard to any applicable Direction of the Privacy Commissioner under section 41 of the PPIPA that may affect the application of Information Protection Principle 3.

 

Existing statutory exemptions under the Act

 

Compliance with Information Protection Principle 3 is also subject to certain exemptions under the Act.  If one of those exemptions applies, Council need not comply.  The statutory exemption will be relied upon only in limited circumstances and legal advice should normally be obtained.

 

The relevant statutory exemptions follow:

 

Section 23(3) permits non-compliance with Information Protection Principle 3 where information is collected for law enforcement purposes.  Law enforcement means a breach of the criminal law and criminal law enforcement.  This section does not remove the rights of an accused person.

 

Section 24(4) of the PPIPA extends the operation of section 24(1) to councils and permits non-compliance with Information Protection Principle 3 if a council is:

 

(i)      investigating or otherwise handling a complaint or other matter that could be referred or made to, or has been referred from or made by, an investigative agency; and

(ii)     if compliance might detrimentally affect (or prevent the exercise of) the Council’s complaint handling or investigative functions.

 

Section 25(a) of the PPIPA permits non-compliance with Information Protection Principle 3 where the agency is lawfully authorised or required not to comply with the principle.

 

Section 25(b) of the PPIPA permits non-compliance with Information Protection Principle 3 where non-compliance is “necessarily implied” or “reasonably contemplated” under any Act or law.

 

Section 26(1) of the PPIPA permits non-compliance with Information Protection Principle 3 if compliance would prejudice the interests of the individual concerned.

 

Section 26(2) of the PPIPA permits non-compliance where the person expressly consents to such non-compliance.

 

Disclosure of information of research purposes

 

The disclosure of personal information for research purposes will be allowed only in accordance with any applicable Direction made by the Privacy Commissioner under section 41 of PPIPA or any Research Code of Practice made by the Attorney General as may be in force for the time being.

 

3.4      Information Protection Principle 4 - Other requirements relating to collection of personal information

 

Section 11        Other requirements relating to collection of personal information

 

If a public sector agency collects personal information from an individual, the agency must take such steps as are reasonable in the circumstances (having regard to the purposes for which the information is collected) to ensure that:

(a)     the information collected is relevant to that purpose, is not excessive, and is accurate, up to date and complete, and

(b)     the collection of the information does not intrude to an unreasonable extent on the personal affairs of the individual to whom the information relates.

 

The Privacy Code of Practice for Local Government

 

The Code makes no provision to depart from this principle.

 

Council Policy

 

Council will seek to ensure that no personal information is collected which is not directly relevant to its proper functions.

 

Council collects personal information through the various forms that customers may complete and lodge with Council.  Before adoption of a new form, a draft form will be reviewed for compliance with Information Protection Principle 4 by the EEO Officer, Council’s solicitor, Public Officer or other suitable person.  Should Council have any residual doubts, the opinion of the Office of the Privacy Commissioner NSW will be sought.

 

3.5      Information Protection Principle 5 - Retention and security of personal information

 

Section 12        Retention and security of personal information

 

A public sector agency that holds personal information must ensure:

(a)     that the information is kept for no longer than is necessary for the purposes for which the information may lawfully be used, and

(b)     that the information is disposed of securely and in accordance with any requirements for the retention and disposal of personal information, and

(c)     that the information is protected, by taking such security safeguards as are reasonable in the circumstances, against loss, unauthorised access, use, modification or disclosure, and against all other misuse, and

(d)     that, if it is necessary for the information to be given to a person in connection with the provision of a service to the agency, everything reasonably within the power of the agency is done to prevent unauthorised use or disclosure of the information.

 

The Privacy Code of Practice for Local Government

 

The Code makes no provision to depart from this principle.

 

Council Policy

 

Council may comply with this principle by using any or all of the following or similar documents:

·       Records and Archives Services Manual;

·       The Council’s Policy on Security of and Access to Misconduct Files;

·       Council’s Internet Security Policy;

·       Information Technology Security Policy; and

·       General Records Disposal Schedule for Local Government.

 

Disclosure of information of research purposes

 

The disclosure of personal information for research purposes will be allowed only in accordance with any applicable Direction made by the Privacy Commissioner under section 41 of PPIPA or any Research Code of Practice made by the Attorney General as may be in force for the time being.

 

3.6      Information Protection Principle 6 - Information held by agencies

 

Section 13        Information about personal information held by agencies

 

A public sector agency that holds personal information must take such steps as are, in the circumstances, reasonable to enable any person to ascertain:

(a)     whether the agency holds personal information, and

(b)     whether the agency holds personal information relating to that person, and

(c)     if the agency holds personal information relating to that person:

(i)      the nature of that information, and

(ii)     the main purposes for which the information is used, and

(iii)    that person's entitlement to gain access to the information.

 

The Privacy Code of Practice for Local Government

 

The Code makes no provision to depart from this principle.

 

Council Policy

 

Section 13 of the PPIPA requires a council to take reasonable steps to enable a person to determine whether the council holds personal information about them.  If Council holds any information about a person, upon request it will advise them the nature of that information, the main purposes for which it is held, and that person’s entitlement to access.  As a matter of practicality, not every item of personal information, however insignificant, will be capable of ascertainment.

 

Under section 20(5) of the PPIPA, Information Protection Principle 6 is subject to any applicable conditions or limitations contained in the Government Information (Public Access) Act 2009 (“GIPA Act”).  Council must consider the relevant provisions of the GIPA Act. 

 

Any person can make application to Council by completing the appropriate form and submitting it to Council.  An example is at Appendix 4.

 

Where council receives an application or request by a person as to whether council holds information about them, council will undertake a search of its records to answer the enquiry.  Council may ask the applicant to describe what dealings the applicant has had with council in order to assist council to conduct the search.

 

Council will ordinarily provide a response to applications of this kind within 28 days of the application being made.  The fee structure is commensurate to that of the Council’s GIPA Act rates structure.

 

Investigative Functions

 

Where Council is conducting an investigation, it will have regard to any applicable Direction of the Privacy Commissioner under section 41 of the PPIPA that may affect the application of Information Protection Principle 6.

 

Existing exemptions under the Act

 

Compliance with Information Protection Principle 6 is also subject to certain exemptions under the Act.  If one of those exemptions applies, Council need not comply.  The statutory exemption will be relied upon only in limited circumstances and legal advice should normally be obtained.

 

Section 25(a) of the PPIPA permits non-compliance with Information Protection Principle 6 where Council is lawfully authorised or required not to comply with the principle.

 

Section 25(b) of the PPIPA permits non-compliance with Information Protection Principle 6 where non-compliance is “necessarily implied” or “reasonably contemplated” under any Act or law. 

 

Reporting matters

 

The Council will issue a statement to be included on its Web page (if it has one) and in its Annual Report concerning the nature of personal information it regularly collects, the purpose for which the personal information is used and an individual’s right to access their own personal information. 

 

3.7      Information Protection Principle 7 - Access to personal information held by agencies

 

Section 14        Access to personal information held by agencies

 

A public sector agency that holds personal information must, at the request of the individual to whom the information relates and without excessive delay or expense, provide the individual with access to the information.

 

The Privacy Code of Practice for Local Government

 

The Code makes no provision to depart from this principle.

 

Council Policy

 

Section 14 of the PPIPA requires a council, at the request of any person, to give access to that person to personal information held about them.

 

Compliance with Information Protection Principle 7 does not allow disclosure of information about other people.  If access to information that relates to someone else is sought, the application must be made under the GIPA Act, unless Information Protection Principles 11 and 12 or the Public Register provisions apply.

 

Where a person makes an application for access under the PPIPA and it is involved or complex, it may be referred, with the written consent of the applicant, as an application under the GIPA Act.  However use of the GIPA Act is to be a last resort.  The applicant has the right to insist on being dealt with under PPIPA.

 

Under section 20(5) of the PPIPA, Information Protection Principle 7 is subject to any applicable conditions or limitations contained in the Government Information (Public Access) Act 2009 (“GIPA Act”).  Council must consider the relevant provisions of the GIPA Act.

 

Customers wishing to exercise their right of access to their own personal information should apply in writing or direct their inquiries to the General Manager, who will make a determination.  A sample form is provided at Appendix 5.

 

Members of staff wishing to exercise their right of access to their personal information should apply in writing on the attached form or direct their inquiries to the Manager of Personnel, who will deal with the application.

 

In order to comply with the requirement to provide the requested information “without excessive delay or expense”, Council will ordinarily provide a response to applications of this kind within 28 days of the application being made.

 

Investigative Functions

 

Where Council is conducting an investigation, it will have regard to any applicable Direction of the Privacy Commissioner under section 41 of the PPIPA that may affect the application of Information Protection Principle 7.

 

Existing exemptions under the Act

 

Compliance with Information Protection Principle 7 is also subject to certain exemptions under the Act.  If one of those exemptions applies, Council need not comply.  The statutory exemption will be relied upon only in limited circumstances and legal advice should normally be obtained.

 

Section 25(a) of the PPIPA permits non-compliance with Information Protection Principle 7 where Council is lawfully authorised or required not to comply with the principle.

 

Section 25(b) of the PPIPA non-compliance with Information Protection Principle 7 where non-compliance is “necessarily implied” or “reasonably contemplated” under any Act or law.

 

3.8      Information Protection Principle 8 - Alteration of personal information

 

Section 15        Alteration of personal information

 

(1)     A public sector agency that holds personal information must, at the request of the individual to whom the information relates, make appropriate amendments (whether by way of corrections, deletions or additions) to ensure that the personal information:

(a)     is accurate, and

(b)     having regard to the purpose for which the information was collected (or is to be used) and to any purpose that is directly related to that purpose, is relevant, up to date, complete and not misleading.

(2)     If a public sector agency is not prepared to amend personal information in accordance with a request by the individual to whom the information relates, the agency must, if so requested by the individual concerned, take such steps as are reasonable to attach to the information, in such a manner as is capable of being read with the information, any statement provided by that individual of the amendment sought.

(3)     If personal information is amended in accordance with this section, the individual to whom the information relates is entitled, if it is reasonably practicable, to have recipients of that information notified of the amendments made by the public sector agency.

(4)     This section, and any provision of privacy code of practice that relates to the requirements set out in this section, apply to public sector agencies despite section 25 of this Act and section 21 of the State Records Act 1998.

(5)     The Privacy Commissioner’s guidelines under section 36 may make provision for or with respect to requests under this section, including the way in which such a request should be made and the time within which such a request should be dealt with.

(6)     In this section (and in any other provision of this Act I connection with the operation of this section), public sector agency includes a Minister and a Minister’s personal staff.

 

The Privacy Code of Practice for Local Government

 

The Code makes no provision to depart from this principle.

 

Council Policy

 

Section 15 of the PPIPA allows a person to make an application to council to amend (this includes by way of corrections, deletions or additions) personal information held about them so as to ensure the information is accurate, and, having regard to the purpose for which the information is collected, relevant to that purpose, up to date and not misleading.

 

Council wishes to have its information current, accurate and complete.  Proposed amendments or changes to the personal information held by the Council are welcomed.

 

If Council declines to amend personal information as requested, it will on request of the individual concerned, place an addendum on the information in accordance with section 15(2) of the PPIPA.

 

Where there are complaints that are or could be the subject of a staff complaint or grievance, they will be referred to the Manager Personnel in the first instance and treated in accordance with the Employee Grievance Handling and Complaint Handling procedures. 

 

Any alterations that are or could be the subject of a customer complaint or grievance will be referred to the General Manager, who will make a determination in relation to the matter.

 

Investigative Functions

 

Where Council is conducting an investigation, it will have regard to any applicable Direction of the Privacy Commissioner under section 41 of the PPIPA that may affect the application of Information Protection Principle 8.

 

Existing exemptions under the Act

 

Compliance with Information Protection Principle 8 is also subject to certain exemptions under the Act.  If one of those exemptions applies, Council need not comply.  The statutory exemption will be relied upon only in limited circumstances and legal advice should normally be obtained.

 

Section 25(a) of the PPIPA permits non-compliance with Information Protection Principle 8 where Council is lawfully authorised or required not to comply with the principle.

 

Section 25(b) of the PPIPA permits non-compliance with section Information Protection Principle 8 where non-compliance is “necessarily implied” or “reasonably contemplated” under any Act or law.

 

Procedure

 

Where information is requested to be amended (either by way of correction, deletion or addition), the individual to whom the information relates, must make a request.  That request should be accompanied by appropriate evidence as to the cogency of the making of the amendment, sufficient to satisfy the Council that the proposed amendment is factually correct and appropriate.  The Council may require further documentary evidence to support certain amendments.  Council will not charge to process an application to amend a record under s.15.

 

The Council’s application form for alteration under IPP 8 is at Appendix 6 at the end of this Plan.

 

Where Council is not prepared to amend

 

If the Council is not prepared to amend the personal information in accordance with a request by the individual the Council may attach to the information in such a manner as is capable of being read with the information, any statement provided by that individual.

 

Where an amendment is made

 

If personal information is amended in accordance with this section, the individual to whom the information relates is entitled, if it is reasonably practicable, to have the recipients of that information notified of the amendments made by the Council.

The Council will seek to notify recipients of information as soon as possible, of the making of any amendment, where it is reasonably practicable.

 

 

3.9      Information Protection Principle 9 - Agency must check accuracy of personal information before use

 

Section 16        Agency must check accuracy of personal information before use

 

A public sector agency that holds personal information must not use the information without taking such steps as are reasonable in the circumstances to ensure that, having regard to the purpose for which the information is proposed to be used, the information is relevant, accurate, up to date, complete and not misleading.

 

The Privacy Code of Practice for Local Government

 

The Code makes no provision to depart from this principle.

 

Council Policy

 

The steps taken to comply with section 16 will depend on the age of the information, its likelihood of change and the particular function for which the information was collected.

 

The more significant the information, the greater the necessity that checks to ensure its accuracy and currency be undertaken prior to its use.

 

For example, each employee’s record should be updated when there is any change of circumstances or when the employee’s contact details change.

 

3.10    Information Protection Principle 10 - Limits on use of personal information

 

Section 17        Limits on use of personal information

 

A public sector agency that holds personal information must not use the information for a purpose other than that for which it was collected unless:

(a)     the individual to whom the information relates has consented to the use of the information for that other purpose, or

(b)     the other purpose for which the information is used is directly related to the purpose for which the information was collected, or

(c)     the use of the information for that other purpose is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual to whom the information relates or of another person.

 

The Privacy Code of Practice for Local Government

 

The Code makes provision that Council may use personal information for a purpose other than the purpose for which it was created in the following circumstances:

(i)      where the use is in pursuance of Council’s lawful and proper function/s and Council is satisfied that the personal information is reasonably necessary for the exercise of such function/s; or

(ii)     where personal information is to be used for the purpose of conferring upon a particular person, an award, prize, benefit or similar form of personal recognition. 

 

Explanatory Note

 

Council may use personal information obtained for one purpose for another purpose in pursuance of its lawful and proper functions.  For example, the Rates Record that Council holds under section 602 of the LGA may also be used to:

·     notify neighbours of a proposed development;

·     evaluate a road opening; or

·     evaluate a tree preservation order.

 

Council Policy

 

Council will seek to ensure that information collected for one purpose will be used for that same purpose.  Where Council may need to use personal information collected for one purpose for another purpose, it will first gain the consent of the individual concerned, unless an exemption applies.

 

External and related bodies

 

Each of the following will be required to comply with the Information Protection Principle 10:

·       Council owned businesses

·       Council consultants;

·       Private contractors; and

·       Council committees.

 

Council will seek to contractually bind each of these bodies or persons to comply.

 

Where any of the above seek to use personal information collected for one purpose, that body or person will be required to obtain the written consent of those persons in accordance with section 17(a) to the use of the information for another purpose.

 

The form of consent should include the following elements:

 

 


I, (1)

 

(1) insert full name

 

 

 

of (2)

 

 

(2) insert address

 

 

 

hereby consent under section 17(a) of the Privacy and Personal Information Protection Act 1998 to Cabonne

 

 

Council using the information collected from me by (3):

 

(3) insert name of collecting body/person

 

 

 

 

 

 

for the purpose of (4):

 

 

(4) insert purpose/s info was collected for

 

 

 

 

 

 

Signature

 

 

 

 

 

Name to be printed

 

 

 

 

 

Date signed

          /         /

 

 

 

Investigative Functions

 

Where Council is conducting an investigation, it will have regard to any applicable Direction of the Privacy Commissioner under section 41 of the PPIPA that may affect the application of Information Protection Principle 10.

 

Existing exemptions under the Act

 

Compliance with Information Protection Principle 10 is also subject to certain exemptions under the Act.  If one of those exemptions applies, Council need not comply.  The statutory exemption will be relied upon only in limited circumstances and legal advice should normally be obtained.

 

Section 23(4) of the PPIPA permits Council not to comply with Information Protection Principle 10 where the use of the information for another purpose is reasonably necessary for law enforcement purposes or for the protection of the public revenue.  “Law enforcement purposes” means a breach of the criminal law and criminal law enforcement.  This section does not remove the rights of an accused person.  “Protection of the public revenue” means a fraud with respect to taxes or other revenue earning processes such as avoidance of stamp duty.

 

Section 24(4) of the PPIPA extends the operation of section 24(2) to councils and permits non-compliance with Information Protection Principle 10 if a council is:

 

(i)      investigating or otherwise handling a complaint or other matter that could be referred or made to, or has been referred from or made by, an investigative agency; and

(ii)     the use of the information concerned for a purpose other than the purpose for which it was collected is reasonably necessary in order to enable the council to exercise its complaint handling functions or any of its investigative functions.

 

Section 25(a) of the PPIPA permits non-compliance with Information Protection Principle 10 where Council is lawfully authorised or required not to comply with the principle.

 

Section 25(b) of the PPIPA permits non-compliance with Information Protection Principle 10 where non-compliance is “necessarily implied” or “reasonably contemplated” under any Act or law.

 

Section 28(3) of the PPIPA permits non-compliance where a disclosure is to be made to a public sector agency under the administration of the Minister for Local Government (e.g., the Department of Local Government) or a public sector agency under the administration of the Premier for the purpose of informing the Minister (or Premier) about any matter within the Minister’s (or Premier’s) administration.

 

3.11    Information Protection Principle 11 - Limits on disclosure of personal information

 

Section 18        Limits on disclosure of personal information

(1)     A public sector agency that holds personal information must not disclose the information to a person (other than the individual to whom the information relates) or other body, whether or not such other person or body is a public sector agency, unless:

(a)     the disclosure is directly related to the purpose for which the information was collected, and the agency disclosing the information has no reason to believe that the individual concerned would object to the disclosure, or

(b)     the individual concerned is reasonably likely to have been aware, or has been made aware in accordance with section 10, that information of that kind is usually disclosed to that other person or body, or

(c)     the agency believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or another person.

(2)     If personal information is disclosed in accordance with subsection (1) to a person or body that is a public sector agency, that agency must not use or disclose the information for a purpose other than the purpose for which the information was given to it.

 

The Privacy Code of Practice for Local Government

 

The Code makes provision for council to depart from this principle in the circumstances described below:

 

1.      Council may disclose personal information to public sector agencies or public utilities on condition that:

(i)      the agency has approached Council in writing;

(ii)     Council is satisfied that the information is to be used by that agency for the proper and lawful function/s of that agency, and

(iii)    Council is satisfied that the personal information is reasonably necessary for the exercise of that agency’s function/s.

2.      Where personal information which has been collected about an individual is to be disclosed for the purpose of conferring upon that person, an award, prize, benefit or similar form of personal recognition.

 

3.      Where Council is requested by a potential employer, it may verify that a current or former employee works or has worked for Council, the duration of that work, and the position occupied during that time.  This exception shall not permit Council to give an opinion as to that person’s suitability for a particular position with any potential employer unless Council is satisfied that the person has provided their consent for Council to provide a reference, which may include an opinion as to that person’s suitability for the position for which he/she has applied.

 

Council Policy

 

Council will not disclose the information to another person or other body, unless the disclosure is directly related to the purpose for which the information was collected or where the Council has no reason to believe that the individual concerned would object to the disclosure.

 

Council may disclose personal information to another person or other body where this disclosure is directly related to the purpose for which the personal information was collected and the individual concerned is reasonably likely to have been aware, (or has been made aware in accordance with section 10), of the intended recipients of that information.  “Directly related” can mean the disclosure to another person or agency to deliver a service which supplements that of Council or disclosure to a consultant for the purpose of assessing or reviewing the delivery of a program to which the original collection relates.

 

The council may disclose personal information to another person or other body where this disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or another person.

 

Public Registers

 

Sections 18 and 57 of the PPIPA should be read in conjunction in regard to Public Registers.  Public Registers are discussed further in Part 2 of this Plan.

 

Investigative Functions

 

Where Council is conducting an investigation, it will have regard to any applicable Direction of the Privacy Commissioner under section 41 of the PPIPA that may affect the application of Information Protection Principle 11.

 

Existing exemptions under the Act

 

Compliance with Information Protection Principle 11 is also subject to certain exemptions under the Act.  If one of those exemptions applies, Council need not comply.  The statutory exemption will be relied upon only in limited circumstances and legal advice should normally be obtained.

 

Section 23(5)(a) of the PPIPA permits non-compliance with Information Protection Principle 11 where disclosure is made to a law enforcement agency in connection with proceedings for an offence or for law enforcement purposes.  “Law enforcement purposes” means a breach of the criminal law and criminal law enforcement.  However Council need not disclose material that it is entitled to refuse in the absence of a subpoena, warrant or other lawful requirement.

 

Section 23(5)(b) of the PPIPA permits non-compliance with Information Protection Principle 11 where the disclosure is made to a law enforcement agency for the purpose of ascertaining the whereabouts of a person reported to be missing. However Council need not disclose material that it is entitled to refuse in the absence of a subpoena, warrant or other lawful requirement.

 

Section 23(5)(c) of the PPIPA permits non-compliance with Information Protection Principle 11 where disclosure is authorised by subpoena, search warrant or other statutory instrument.  However Council need not disclose material that it is entitled to refuse in the absence of a subpoena, warrant or other lawful requirement.

 

Section 23(5)(d)(i) of the PPIPA permits non-compliance with Information Protection Principle 11 where disclosure is reasonably necessary for the protection of the public revenue.  “Protection of the public revenue” could mean a fraud with respect to taxes or other revenue earning processes such as avoidance of stamp duty.  However Council need not disclose material that it is entitled to refuse in the absence of a subpoena, warrant or other lawful requirement.

 

Section 23(5)(d)(ii) of the PPIPA permits non-compliance with Information Protection Principle 11 where disclosure is reasonably necessary to investigate an offence where there are reasonable grounds to believe an offence has been committed. 

 

Section 24(4) of the PPIPA states that a public sector agency (whether or not an investigative agency) is not required to comply with section 18 or 19 (1) if non-compliance is reasonably necessary to assist another public sector agency that is an investigative agency in exercising its investigative functions.

 

(Note: “investigative agency” is defined at s.3 of PPIPA.)

 

Section 25(a) of the PPIPA permits non-compliance with Information Protection Principle 11 where Council is lawfully authorised or required not to comply with the principle. 

Section 25(b) of the PPIPA permits non-compliance with Information Protection Principle 11 where non-compliance is “necessarily implied” or “reasonably contemplated” under any Act or law (including the State Records Act 1998). 

 

Section 26(2) of the PPIPA permits non-compliance where the person expressly consents to such non-compliance.

 

Section 28(3) of the PPIPA permits non-compliance where a disclosure is to be made to a public sector agency under the administration of the Minister for Local Government (e.g. the Office of Local Government) or a public sector agency under the administration of the Premier for the purpose of informing the Minister (or Premier) about any matter within the Minister’s (or Premier’s) administration.

 

It is anticipated that a disclosure of personal information for research purposes will be allowed under a s.41 Direction made by the Privacy Commissioner until such time as a Research Code of Practice is made by the Attorney General.

 

Suppression

 

Information held by Council may be suppressed such as to disallow disclosure that would otherwise be allowed in the circumstances outlined above.  See Part 1 of this Plan for more details about suppression of personal information.

 

3.12    Information Protection Principle 12 - Special restrictions on disclosure of personal information

 

Section 19 Special restrictions on disclosure of personal information

(1)     A public sector agency must not disclose personal information relating to an individual's ethnic or racial origin, political opinions, religious or philosophical beliefs, trade union membership, sexual activities unless the disclosure is necessary to prevent a serious or imminent threat to the life or health of the individual concerned or another person.

(2)     A public sector agency that holds personal information must not disclose the information to any person or body who is in a jurisdiction outside New South Wales or to a Commonwealth agency unless:

(a)     a relevant privacy law that applies to the personal information concerned is in force in the that jurisdiction or applies to that Commonwealth agency, or

(b)     the disclosure is permitted under a privacy code of practice.

(3)     For the purposes of subsection (2), a relevant privacy law means a law that is determined by the Privacy Commissioner, by notice published in the Gazette, to be a privacy law for the jurisdiction concerned.

(4)     The Privacy Commissioner is to prepare a code relating to the disclosure of personal information by public sector agencies to persons or bodies outside New South Wales and to Commonwealth agencies.

(5)     Subsection (2) does not apply:

(a)     until after the first anniversary of the commencement of this section, or

(b)     until a code referred to in subsection (4) is made,

whichever is the later.

 

The Privacy Code of Practice for Local Government

 

The Code makes provision for Council to depart from this principle in the circumstances described below:

 

1.      For the purposes of s.19(2) only, where Council is requested by a potential employer outside New South Wales, it may verify that a current or former employee works or has worked for Council, the duration of that work, and the position occupied during that time.  This exception shall not permit Council to give an opinion as to that person’s suitability for a particular position with any potential employer unless Council is satisfied that the person has provided their consent for Council to provide a reference, which may include an opinion as to that person’s suitability for the position for which he/she has applied.

 

Council Policy

 

Council will not disclose personal information relating to an individual's ethnic or racial origin, political opinions, religious or philosophical beliefs, trade union membership, health or sexual activities unless the disclosure is necessary to prevent a serious or imminent threat to the life or health of the individual concerned or another person.

 

Public Registers

 

Sections 19 and 57 of the PPIPA should be read in conjunction in regard to Public Registers.  Public Registers are discussed further in Part 2 of this Plan.

 

Investigative Functions

 

Where Council is conducting an investigation, it will have regard to any applicable Direction of the Privacy Commissioner under section 41 of the PPIPA that may affect the application of Information Protection Principle 12.

 

Existing exemptions under the Act

 

Compliance with Information Protection Principle 12 is also subject to certain exemptions under the Act.  If one of those exemptions applies, Council need not comply.  The statutory exemption will be relied upon only in limited circumstances and legal advice should normally be obtained.

 

Section 23(7) of the PPIPA permits non-compliance with Information Protection Principle 12 where the disclosure is necessary to investigate an offence or where there are reasonable grounds to believe an offence has been or may be committed. 

 

Section 25(a) of the PPIPA permits non-compliance with Information Protection Principle 12 where Council is lawfully authorised or required not to comply with the principle.

 

Section 25(b) of the PPIPA permits non-compliance with Information Protection Principle 12 where non-compliance is “necessarily implied” or “reasonably contemplated” under any Act or law (including the State Records Act 1998). 

 

Section 26(2) of the PPIPA permits non-compliance where the person expressly consents to such non-compliance.

 

Section 28(2) permits non-compliance with Information Protection Principle 12 where, in the case of health information, the consent of the person cannot reasonably be obtained and the disclosure is made by an authorised person to another authorised person.  “Authorised person” means a medical practitioner, health worker, or other official or employee providing health or community services who is employed or engaged by a public sector agency.

 

Section 28(3) of the PPIPA permits non-compliance where a disclosure is to be made to a public sector agency under the administration of the Minister for Local Government (e.g. the Division of Local Government) or a public sector agency under the administration of the Premier for the purpose of informing the Minister (or Premier) about any matter within the Minister’s (or Premier’s) administration.

 

It is anticipated that a disclosure of personal information for research purposes will be allowed under a s.41 Direction made by the Privacy Commissioner until such time as a Research Code of Practice is made by the Attorney General.

 

Suppression

 

Information held by Council may be suppressed such as to disallow disclosure that would otherwise be allowed in the circumstances outlined above.  See Part 1 of this Plan for more details about suppression of personal information.

 


Part 4 – Health Privacy Principles

 

Health information includes personal information that is information or an opinion about the physical or mental health or a disability of an individual.  Health information also includes personal information that is information or an opinion about:

·       a health service provided, or to be provided, to an individual;

·       an individual’s express wishes about the future provision of health services to him or her;

·       other personal information collected in connection with the donation of human tissue; or

·       genetic information that is or could be predictive of the health of an individual or their relatives or descendants.

 

Health information is defined in section 6 of the HRIPA.  Local councils will often hold health information by reason of their role in elder care, child care and various types of community health support services.  It is therefore very important for councils to be familiar with the 15 Health Protection Principles (“HPP”) set down in Schedule 1 to the HRIPA.  Each of these HPPs are considered below.

 

The following is a non-exhaustive list of examples of the types of health information and circumstances in which councils may collect health information in exercising their functions:

·       Tree pruning/removal application where residents approach council for a reconsideration or reassessment of a tree pruning/removal application on medical grounds;

·       Issuing of clean up orders which may include recording information about a residents health, GP professional contact details or involvement with mental health services;

·       Volunteer programs where volunteers are asked to disclose health conditions which may preclude them from some types of volunteer work;

·       Meals on wheels programs where residents may be asked for medical or dietary requirements, e.g. allergies for catering purposes;

·       Seniors bus outings where information may be collected on special medical needs;

·       Councils may provide respite and social support services collecting information that is consistent with the client intake and referral record system;

·       Information on families for the purposes of children’s services, e.g. history of illness, allergies, asthma, diabetes, epilepsy etc;

·       Physical exercise classes;

·       Some councils run Podiatry services;

·       Information may be collected through a healthy community program;

·       Children’s immunization records; and

·       Family counsellor/youth support workers records.

 

HPPs 1-4 concern the collection of health information, HPP 5 concerns the storage of health information, HPPs 6-9 concern the access and accuracy of health information, HPP 10 concerns the use of health information, HPP 11 concerns the disclosure of health information, HPPs 12-13 concern the identifiers and anonymity of the persons to which health information relate, HPPs 14-15 concern the transferral of health information and the linkage to health records across more than one organisation.

 

Health Privacy Principle 1

 

Purposes of collection of health information

 

(1)     An organisation must not collect health information unless:

 

(a)     the information is collected for a lawful purpose that is directly related to a function or activity of the organisation, and

(b)     the collection of the information is reasonably necessary for that purpose.

 

(2)   An organisation must not collect health information by any unlawful means.

 

Health Privacy Principle 2

 

Information must be relevant, not excessive, accurate and not intrusive

 

An organisation that collects health information from an individual must take such steps as are reasonable in the circumstances (having regard to the purposes for which the information is collected) to ensure that:

 

(a)     the information is collected is relevant to that purpose, is not excessive and is accurate, up to date and complete, and

(b)     the collection of the information does not intrude to an unreasonable extent on the personal affairs of the individual to whom the information relates.

 

Health Privacy Principle 3

 

Collection to be from the individual concerned

(1)     An organisation must collect health information about an individual only from that individual, unless it is unreasonable or impracticable to do so.

(2)     Health information is to be collected in accordance with any guidelines issued by the Privacy Commissioner for the purposes of this clause.

 

Health Privacy Principle 4

 

Individual to be made aware of certain matters

 

(1)     An organisation that collects health information about an individual from the individual must, at or before the time it collects the information (or if that is not practicable, as soon as practicable after that time), take steps that are reasonable in the circumstances to ensure that the individual is aware of the following:

 

(a)     the identity of the organisation and how to contact it,

(b)     the fact that the individual is able to request access to the information,

(c)     the purposes for which the information is collected,

(d)     the persons to whom (or the type of persons to whom) the organisation usually discloses information of that kind,

(e)     any law that requires the particular information to be collected,

(f)      the main consequences (if any) for the individual if all or part of the information is not provided.

 

(2)     If the organisation collects health information about an individual from someone else, it must take any steps that are reasonable in the circumstances to ensure that the individual is generally aware of the matters listed in subclause (1) except to the extent that:

 

(a)     making the individual aware of the matters would impose a serious threat to the life or health of any individual, or

(b)     the collection is made in accordance with guidelines issued under subclause (3).

 

(3)     The Privacy Commissioner may issue guidelines setting out circumstances in which an organisation is not required to comply with subclause (2).

 

(4)     An organisation is not required to comply with a requirement of this clause if:

 

(a)     the individual to whom the information relates has expressly consented to the organisation not complying with it or,

(b)     the organisation is lawfully authorised or required not to comply with it, or

(c)     non-compliance is otherwise permitted (or necessarily implied or reasonably contemplated) under any Act or any other law including the State Records Act 1998), or

(d)     compliance by the organisation would, in the circumstances, prejudice the interests of the individual to whom the information relates, or

(e)     the information concerned is collected for law enforcement purposes or,

(f)      the organisation is an investigative agency and compliance might detrimentally affect (or prevent the proper exercise of) its complaint handling functions or any of its investigative functions.

 

(5)     If the organisation reasonably believes that the individual is incapable of understanding the general nature of the matters listed in subclause (1), the organisation must take steps that are reasonable in the circumstances, to ensure that any authorised representative of the individual is aware of those matters.

 

(6)     Subclause (4) (e) does not remove any protection provided by any other law in relation to the rights of accused persons or persons suspected of having committed an offence.

 

(7)     The exemption provided by subclause (4) (f) extends to any public sector agency, or public sector official, who is investigating or otherwise handling a compliant or other matter that could be referred or made to an investigative agency, or that has been referred from or made by an investigative agency.

 

Council Policy

 

Council will only collect health information for a lawful purpose that is directly related to Council’s activities and is necessary for that purpose (HPP 1)

 

Council will ensure that the health information is relevant, accurate, up to date and not excessive and that the collection is not unnecessarily intrusive into the personal affairs of the individual (HPP 2).

 

Council will only collect health information directly from the individual that the information concerns, unless it is unreasonable or impractical for Council to do so. (HPP 3).

 

Council will tell the person why the health information is being collected, what will be done with it, who else might see it and what the consequences are if the person decides not to provide it.  Council will also tell the person how he or she can see and correct the health information.

 

If Council collects health information about a person from someone else, Council will take reasonable steps to ensure that the subject of the information is aware of the above points (HPP 4).

 

Health Privacy Principle 5

 

Retention and Security

 

(1)     An organisation that holds health information must ensure that:

 

(a)     the information is kept for no longer than is necessary for the purposes for which the information may lawfully be used, and

(b)     the information is disposed of securely and in accordance with any requirements for the retention and disposal of health information, and

(c)     the information is protected, by taking such security safeguards as are reasonable in the circumstances against loss, unauthorised access, use, modification or disclosure, and against all other misuse, and

(d)     if it is necessary for the information to be given to a person in connection with the provision of a service to the organisation, everything reasonably within the power of an organisation is done to prevent the unauthorised use or disclosure of the information.

 

Note. Division 2 (Retention of health information) of Part 4 contains provisions applicable to private sector persons in connection with the matters dealt with in this clause.

 

(2)     An organisation is not required to comply with a requirement of this clause if:

 

(a)     the organisation is lawfully authorised or required not to comply with it, or

(b)     non-compliance is otherwise permitted (or is necessarily implied or reasonably contemplated) under an Act or any other law (including the State Records Act 1998).

(3)     An investigative agency is not required to comply with subclause (1)(a).

 

Council Policy

Council will store health information securely and protect health information from unauthorised access, use or disclosure.  Health information will not be kept for any longer than is necessary and will be disposed of appropriately (HPP 5).

 

Health Privacy Principle 6

Information about health information held by organisations

(1)     An organisation that holds health information must take such steps as are, in the circumstances, reasonable, to enable any individual to ascertain:

(a)     whether the organisation holds health information, and

(b)     whether the organisation holds health information relating to that individual, and

(c)     if the organisation holds health information relating to that individual:

(i)      the nature of that information

(ii)     the main purposes for which the information is used, and

(iii)    that person’s entitlement to request access to the information.

(2)     An organisation is not required to comply with a provision of this clause if:

(a)     the organisation is lawfully authorised or required not to comply with the provision concerned, or

(b)     non-compliance is otherwise permitted (or is necessarily implied or reasonably contemplated) under any Act or any other law (including the State Records Act 1998).

 

Health Privacy Principle 7

Access to health information

(1)     An organisation that holds health information must, at the request of the individual to whom the information relates and without excessive delay or expense, provide the individual with access to the information.

Note. Division 3 (Access to health information) of Part 4 contains provisions applicable to private sector persons in connection with the matters dealt with in this clause.  Access to health information held by public sector agencies may also be available under the Government Information (Public Access) Act 2009 or the State Records Act 1998.

(2)     An organisation is not required to comply with a provision of this clause if:

(a)     the organisation is lawfully authorised or required not to comply with the provision concerned, or

(b)     non-compliance is otherwise permitted (or is necessarily implied or reasonably contemplated) under an Act or any other law (including the State Records Act 1998).

 

Health Privacy Principle 8

 

Amendment of health information

 

(1)     An organisation that holds health information must, at the request of the individual to whom the information relates, make appropriate amendments (whether by way of corrections, deletions or additions) to ensure that the health information:

(a)     is accurate, and

(b)     having regard to the purpose for which the information was collected (or is to be used) and to any purpose that is directly related to that purpose, is relevant, up to day, complete and not misleading.

 

(2)     If an organisation is not prepared to amend health information under subclause (1) in accordance with a request by the information to whom the information relates, the organisation must, if so requested by the individual concerned, take such steps as are reasonable to attach to the information, in such a manner as is capable of being read with the information, any statement provided by that individual of the amendment sought.

 

(3)     If health information is amended in accordance with this clause, the individual to whom the information relates is entitled, if it is reasonably practicable, to have recipients of that information notified of the amendments made by the organisation.

Note. Division 4 (Amendment of health information) of Part 4 contains provisions applicable to private sector persons in connection with the matters dealt with in this clause.

Amendment of health information held by public sector agencies may also be able to be sought under the Privacy and Personal Information Protection Act 1998.

 

(4)     An organisation is not required to comply with a provision of this clause if:

(a)     the organisation is lawfully authorised or required not to comply with the provision concerned, or

(b)     non-compliance is otherwise permitted (or is necessarily implied or reasonably contemplated) under an Act or any other law (including the State Records Act 1998).

 

Health Privacy Principle 9

 

Accuracy

 

An organisation that holds health information must not use the information without taking such steps as are reasonable in the circumstances to ensure that, having regard to the purpose for which the information is proposed to be used, the information is relevant, accurate and up to date, complete and not misleading.

 

Council Policy

 

Council will provide details about what health information Council is holding about an individual and with information about why Council is storing that information and what rights of access the individual has (HPP 6).

 

Council will allow the individual to access his or her health information without reasonable delay or expense (HPP 7).

 

Council will allow the individual to update, correct or amend his or her health information where necessary (HPP 8).

 

Council will make sure that the health information is relevant and accurate before using it (HPP 9).

 

Health Privacy Principle 10

 

(1)     An organisation that holds health information must not use the information for a purpose (a secondary purpose) other than the purpose (the primary purpose) for which it was collected unless:

(a)     Consent

the individual to whom the information relates has consented to the use of the information for that secondary purpose, or

(b)     Direct relation

the secondary purpose is directly related to the primary purpose and the individual would reasonably expect the organisation to use the information for the secondary purpose or,

Note: For example, if information is collected in order to provide a health service to the individual, the use of the information to provide a further health service to the individual is a secondary purpose directly related to the primary purpose.

(c)     Serious threat to health or welfare

the use of the information for the secondary purpose is reasonably believed by the organisation to be necessary to lessen or prevent:

(i) a serious and imminent threat to the life, health or safety of the individual or another person, or

(ii)     a serious threat to public health and safety, or

        (c1)   Genetic Information

 

the information is genetic information and the use of the information for the secondary purpose:

(i)   is reasonably believed by the organisation to be necessary to lessen or prevent a serious threat to the life, health or safety (whether or not the threat is imminent) of a genetic relative of the individual to whom the genetic information relates, and

(ii)  is in accordance with guidelines, if any, issued by the Privacy Commissioner for the purposes of this paragraph, or

(d)     Management of health services

the use of the information for the secondary purpose is reasonably necessary for the funding, management, planning or evaluation of health services and:

(i)      either:

(A)  that purpose cannot be served by the use of information that does not identify the individual or from which the individual or from which the individual’s identity cannot reasonably be ascertained and it is impracticable for the organisation to seek the consent of the individual for the use, or

(B)    reasonable steps are taken to de-identify the information, and

(ii)     if the information is in a form that could reasonably be expected to identify individuals, the information is not published in a generally available publication, and

(iii)    the use of the information is in accordance with guidelines, if any, issued by the Privacy Commissioner for the purposes of this paragraph, or

 

(e)     Training

the use of the information for the secondary purpose is reasonably necessary for the training of employees of the organisation or persons working with the organisation and:

(i)      either:

(A)  that purpose cannot be served by the use of information that does not identify the individual or from which the individual’s identity cannot reasonably be ascertained and it is impracticable for the organisation to seek the consent of the individual for the use, or

(B)    reasonable steps are taken to de-identify the information, and

(ii)     if the information could reasonably be expected to identify individuals, the information is not published in a generally available publication, and

(iii)    the use of the information is in accordance with guidelines, if any, issued by the Privacy Commissioner for the purposes of this paragraph, or

(f)      Research

the use of the information for the secondary purpose is reasonably necessary for research, or the compilation or analysis of statistics, in the public interest and:

(i)      either:

(A)  that purpose cannot be served by the use of information that does not identify the individual or from which the individual’s identity cannot reasonably be ascertained and it is impracticable for the organisation to seek the consent of the individual for the use, or

(B)    reasonable steps are taken to de-identify the information, and

(ii)     if the information could reasonably be expected to identify individuals, the information is not published in a generally available publication, and

(iii)    the use of the information is in accordance with guidelines, if any, issued by the Privacy Commissioner for the purpose of this paragraph, or

 

(g)     Find missing person

the use of the information for the secondary purpose is by a law enforcement agency (or such other person or organisation as may be prescribed by the regulations) for the purposes of ascertaining the whereabouts of an individual who has been reported to a police officer as a missing person, or

(h)     Suspected unlawful activity, unsatisfactory professional conduct or breach of discipline

the organisation:

(i)      has reasonable grounds to suspect that:

(A)    unlawful activity has been or may be engaged in, or

(B) a person has or may have engaged in conduct that may be unsatisfactory professional conduct or professional misconduct under a the Health Practitioner Regulation National Law (NSW), or

(C) an employee of the organisation has or may have engaged in conduct that may be grounds for disciplinary action, and

(ii)     uses the health information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities, or

(i)      Law enforcement

the use of the information for the secondary purpose is reasonably necessary for the exercise of law enforcement functions by law enforcement agencies in circumstances where there are reasonable grounds to believe that an offence may have been, or may be, committed, or

(j)      Investigative agencies

the use of the information for the secondary purpose is reasonably necessary for the exercise of complaint handling functions or investigative functions by investigative agencies, or

 

 

(k)     Prescribed circumstances

the use of the information for the secondary purpose is in the circumstances prescribed by the regulations for the purposes of this paragraph.

 

(2)     An organisation is not required to comply with a provision of this clause if:

 

(a)     the organisation is lawfully authorised or required not to comply with the provision concerned, or

(b)     non-compliance is otherwise permitted (or is necessarily implied or reasonably contemplated) under an Act or any other law (including the State Records Act 1998).

 

(3)     The Ombudsman’s Office, Health Care Complaints Commission, Anti-Discrimination Board and Community Services Commission are not required to comply with a provision of this clause in relation to their complaint handling functions and their investigative, review and reporting functions.

 

(4)     Nothing in this clause prevents or restricts the disclosure of health information by a public sector agency:

(a)     to another public sector agency under the administration of the same Minister if the disclosure is for the purposes of informing that Minister about any matter within that administration, or

(b)     to any public sector agency under the administration of the Premier, if the disclosure is for the purposes of informing the Premier about any matter.

 

(5)     The exemption provided by subclause (1) (j) extends to any public sector agency, or public sector official, who is investigating or otherwise handling a complaint or other matter that could be referred or made to an investigative agency, or that has been referred from or made by an investigative agency.

 

Council policy

 

Council will only use the health information for the purpose for which it was collected or for a directly related purpose that the individual to whom the information relates would expect.  Otherwise, Council will obtain the individual’s consent (HPP 10).

 

Health Privacy Principle 11

 

(1)     An organisation that holds health information must not disclose the information for a purpose (a secondary purpose) other than the purpose (the primary purpose) for which it was collected unless:

(a)     Consent

the individual to whom the information relates has consented to the disclosure of the information for that secondary purpose, or

(b)     Direct relation

the secondary purpose is directly related to the primary purpose and the individual would reasonably expect the organisation to disclose the information for the secondary purpose, or

Note: For example, if information is collected in order to provide a health service to the individual, the disclosure of the information to provide a further health service to the individual is a secondary purpose directly related to the primary purpose.

 

(c)     Serious threat to health or welfare

the disclosure of the information for the secondary purpose is reasonably believed by the organisation to be necessary to lessen or prevent:

(i) a serious and imminent threat to the life, health or safety of the individual or another person, or

(ii) a serious threat to public health or public safety, or

(c1)   Genetic information

the information is genetic information and the disclosure of information for the secondary purpose:

(i) is to a genetic relative of the individual to whom the genetic information relates, and

(ii) is reasonably believed by the organisation to be necessary to lessen or prevent a serious threat to the life, health or safety (whether or not the threat is imminent) of a genetic relative of the individual to whom the genetic information relates, and

(iii) is in accordance with guidelines, if any, issued by the Privacy Commissioner for the purposes of this paragraph, or

(d)     Management of health services

the disclosure of the information for the secondary purpose is reasonably necessary for the funding, management, planning or evaluation of health services and:

(i)      either:

(A)  that purpose cannot be served by the disclosure of information that does not identify the individual or from which the individual’s identity cannot reasonably be ascertained and it is impracticable for the organisation to seek the consent of the individual for the disclosure, or

(B)  reasonable steps are taken to de-identify the information, and

 

(ii)     if the information could reasonably be expected to identify individuals, the information is not published in a generally available publication, and

(iii)    the disclosure of the information is in accordance with guidelines, if any, issued by the Privacy Commissioner for the purposes of this paragraph, or

(e)     Training

the disclosure of the information for the secondary purpose is reasonably necessary for the training of employees of the organisation or persons working with the organisation and:

(i)      either:

(A)  that purpose cannot be served by the disclosure of information that does not identify the individual or from which the individual’s identity cannot reasonably be ascertained and it is impracticable for the organisation to seek the consent of the individual for the disclosure, or

(B)    reasonable steps are taken to de-identify the information, and

(ii)     if the information could reasonably be expected to identify the individual, the information is not made publicly available, and

(iii)    the disclosure of the information is in accordance with guidelines, if any, issued by the Privacy Commissioner for the purposes of this paragraph, or

(f)      Research

the disclosure of the information for the secondary purpose is reasonably necessary for research, or the compilation or analysis of statistics, in the public interest and:

(i)      either:

(A)  that purpose cannot be served by the disclosure of information that does not identify the individual or from which the individual’s identity cannot reasonably be ascertained and it is impracticable for the organisation to seek the consent of the individual for the disclosure, or

(B)    reasonable steps are taken to de-identify the information, and

(ii)     the disclosure will not be published in a form that identifies particular individuals or from which an individual’s identity can reasonably be ascertained, and

(iii)    the disclosure of the information is in accordance with guidelines, if any, issued by the Privacy Commissioner for the purposes of this paragraph, or

(g)     Compassionate reasons

the disclosure of the information for the secondary purpose is to provide the information to an immediate family member of the individual for compassionate reasons and:

(i)      the disclosure is limited to the extent reasonable for those compassionate reasons, and

(ii)     the individual is incapable of giving consent to the disclosure of the information, and

(iii)    the disclosure is not contrary to any wish expressed by the individual (and not withdrawn) of which the organisation was aware or could make itself aware by taking reasonable steps, and

(iv)    if the immediate family member is under the age of 18 years, the organisation reasonably believes that the family member has sufficient maturity in the circumstances to receive the information, or

(h)     Finding missing person

the disclosure of the information for the secondary purpose is to a law enforcement agency (or such other person or organisation as may be prescribed by the regulations) for the purposes of ascertaining the whereabouts of an individual who has been reported to a police officer as a missing person, or

(i)      Suspected unlawful activity, unsatisfactory professional conduct or breach of discipline

the organisation:

(i)      has reasonable grounds to suspect that:

(A)    unlawful activity has been or may be engaged in, or

(B)  a person has or may have engaged in conduct that may be unsatisfactory professional conduct or professional misconduct under a the Health Practitioner Regulation National Law (NSW), or

(C)  an employee of the organisation has or may have engaged in conduct that may be grounds for disciplinary action, and

(ii)     discloses the health information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities, or

(j)      Law enforcement

the disclosure of the information for the secondary purpose is reasonably necessary for the exercise of law enforcement functions by law enforcement agencies in circumstances where there are reasonable grounds to believe that an offence may have been, or may be, committed, or

(k)     Investigative agencies

the disclosure of the information for the secondary purpose is reasonably necessary for the exercise of complaint handling functions or investigative functions by investigative agencies, or

(l)      Prescribed circumstances

the disclosure of the information for the secondary purpose is in the circumstances prescribed by the regulations for the purposes of this paragraph.

 

(2)     An organisation is not required to comply with a provision of this clause if:

(a)     the organisation is lawfully authorised or required not to comply with the provision concerned, or

(b)     non-compliance is otherwise permitted (or is necessarily implied or reasonably contemplated) under an Act or any other law (including the State Records Act 1998 ), or

(c)     the organisation is an investigative agency disclosing information to another investigative agency.

 

(3)     The Ombudsman’s Office, Health Care Complaints Commission, Anti-Discrimination Board and Community Services Commission are not required to comply with a provision of this clause in relation to their complaint handling functions and their investigative, review and reporting functions.

 

(4)     Nothing in this clause prevents or restricts the disclosure of health information by a public sector agency:

(a)     to another public sector agency under the administration of the same Minister if the disclosure is for the purposes of informing that Minister about any matter within that administration, or

(b)     to any public sector agency under the administration of the Premier, if the disclosure is for the purposes of informing the Premier about any matter.

 

(5)     If health information is disclosed in accordance with subclause (1), the person, body or organisation to whom it was disclosed must not use or disclose the information for a purpose other than the purpose for which the information was given to it.

 

(6)     The exemptions provided by subclauses (1) (k) and (2) extend to any public sector agency, or public sector official, who is investigating or otherwise handling a complaint or other matter that could be referred or made to an investigative agency, or that has been referred from or made by an investigative agency.

 

Council Policy

 

Council will only disclose health information under the following circumstances:

 

·     With the consent of the individual to whom the information relates; or

·     For the purpose for which the health information was collected or a directly related purpose that the individual to whom it relates would expect; or

·     If an exemption applies (HPP 11).

 

Health Privacy Principle 12

 

Identifiers

(1)     An organisation may only assign identifiers to individuals if the assignment of identifiers is reasonably necessary to enable the organisation to carry out any of its functions efficiently.

 (2)    Subject to subclause (4), a private sector person may only adopt as its own identifier of an individual an identifier of an individual that has been assigned by a public sector agency (or by an agent of, or contractor to, a public sector agency acting in its capacity as agent or contractor) if:

(a)     the individual has consented to the adoption of the same identifier, or

(b)     the use or disclosure of the identifier is required or authorised by or under law.

(3)     Subject to subclause (4), a private sector person may only use or disclose an identifier assigned to an individual by a public sector agency (or by an agent of, or contractor to, a public sector agency acting in its capacity as agent or contractor) if:

(a)     the use or disclosure is required for the purpose for which it was assigned or for a secondary purpose referred to in one or more paragraphs of HPP 10 (1) (c)-(k) or 11 (1) (c)-(l), or

(b)     the individual has consented to the use or disclosure, or

(c)     the disclosure is to the public sector agency that assigned the identifier to enable the public sector agency to identify the individual for its own purposes.

(4)     If the use or disclosure of an identifier assigned to an individual by a public sector agency is  necessary for a private sector person to fulfil its obligations to, or the requirements of, the public sector agency, a private sector person may either:

(a)     adopt as its own identifier of an individual an identifier of the individual that has been assigned by the public sector agency, or

(b)     use or disclose an identifier of the individual that has been assigned by the public sector agency.

 

Council Policy

 

Council will only give an identification number to health information if it is reasonably necessary for Council to carry out its functions effectively (HPP 12).

 

Health Privacy Principle 13

 

Anonymity

Wherever it is lawful and practicable, individuals must be given the opportunity to not identify themselves when entering into transactions with or receiving health services from an organisation.

Council Policy

Council will provide health services anonymously where it is lawful and practical (HPP 13).

 

Health Privacy Principle 14

 

Transborder data flows and data flow to Commonwealth agencies.

An organisation must not transfer health information about an individual to any person or body who is in a jurisdiction outside New South Wales or to a Commonwealth agency unless:

(a)     the organisation reasonably believes that the recipient of the information is subject to a law, binding scheme or contract that effectively upholds principles for fair handling of the information that are substantially similar to the Health Privacy Principles, or

(b)     the individual consents to the transfer, or

(c)     the transfer is necessary for the performance of a contract between the individual and the organisation, or for the implementation of pre-contractual measures taken in response to the individual’s request, or

(d)     the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between the organisation and a third party, or

(e)     all of the following apply:

(i)      the transfer is for the benefit of the individual,

(ii)     it is impracticable to obtain the consent of the individual to that transfer,

(iii)    if it were practicable to obtain such consent, the individual would be likely to give it, or

(f)      the transfer is reasonably believed by the organisation to be necessary to lessen or prevent:

(i)      a serious and imminent threat to the life, health or safety of the individual or another person, or

(ii)     a serious threat to public health or public safety, or

(g)     the organisation has taken reasonable steps to ensure that the information that it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Health Privacy Principles, or

(h)     the transfer is permitted or required by an Act (including an Act of the Commonwealth) or any other law.

 

Council Policy

 

Council will only transfer personal information out of New South Wales if the requirements of Health Privacy Principle 14 are met.


 

Health Privacy Principle 15

 

Linkage of health records

(1)     An organisation must not:

(a)   include health information about an individual in a health records linkage system unless the individual has expressly consented to the information being so included, or

(b)   disclose an identifier of an individual to any person if the purpose of the disclosure is to include health information about the individual in a health records linkage system, unless the individual has expressly consented to the identifier being disclosed for that purpose.

 

(2)     An organisation is not required to comply with a provision of this clause if:

(a)   the organisation is lawfully authorised or required not to comply with the provision concerned, or

(b)   non-compliance is otherwise permitted (or is necessarily implied or reasonably contemplated) under an Act or any other law (including the State Records Act 1998 ), or

(c)   the inclusion of the health information about the individual in the health records information system (including an inclusion for which an identifier of the individual is to be disclosed) is a use of the information that complies with HPP 10 (1) (f) or a disclosure of the information that complies with HPP 11 (1) (f).

(3)     In this clause:

 

health record means an ongoing record of health care for an individual.

health records linkage system means a computerised system that is designed to link health records for an individual held by different organisations for the purpose of facilitating access to health records, and includes a system or class of systems prescribed by the regulations as being a health records linkage system, but does not include a system or class of systems prescribed by the regulations as not being a health records linkage system.

 

Council Policy

 

Council will only include health information in a system to link health records across more than one organisation if the individual to whom the health information relates expressly consents to the link (HPP 15).

 


Part 5 – Implementation of the Privacy Management Plan

 

5.1      Training Seminars/Induction

 

During induction, all employees should be made aware that the performance management system has the potential to include personal information on their individual work performance or competency.

 

Councillors, all staff of the Council including staff of council businesses, and members of council committees should be acquainted with the general provisions of the PPIPA, the HRIPA and in particular, the 12 Information Protection Principles (IPPs), the 15 Health Privacy Principles (HPPs), the Public Register provisions, the Privacy Code of Practice for Local Government, this Plan and any other applicable Code of Practice.

 

5.2      Responsibilities of the Privacy Contact Officer

 

The Public Officer within Council is assigned the role of the Privacy Contact Officer (unless the General Manager directs otherwise). 

 

In order to ensure compliance with PPIPA and the HRIPA, the Privacy Contact Officer will review all rates notices, application forms of whatsoever nature, and other written requests by which personal information is collected by Council, to ensure that Council is in compliance with the PPIPA.  Staff involved with contracts and agreements with consultants and other contractors will be advised of the requirements of the Plan to contractually bind same to comply with the PPIPA, HRIPA, the Code and Plan.

 

Interim measures to ensure compliance with IPP 3 in particular may include the creation of stamps or printed slips that contain the appropriate wording (see Appendices 2 and 3).

 

The Privacy Contact Officer will ensure Council in its public areas has special provisions for working with computer screens.  Computer screens may require:

 

·     fast screen savers;

·     face the computers away from the public; or

·     only allow the record system to show one record at a time.

 

Council’s electronic databases should also be reviewed to ensure that they contain procedures and protocols to check the accuracy and currency of personal and health information.

 

The Privacy Contact Officer will also provide opinions within Council as to:

 

(i)      Whether the personal or heath information is collected for a lawful purpose;

 

(ii)     If that lawful purpose is directly related to a function of Council; and

 

(iii)    Whether or not the collection of that personal or heath information is reasonably necessary for the specified purpose.

 

Any further concerns of a legal nature will be referred to Council’s solicitor.

 

Should the Council require, the Privacy Contact Officer may assign designated officers as “Privacy Resource Officers”, within the larger departments of Council.  In this manner the Council may ensure that the information protection principles are more broadly understood and that individual departments have a greater focus on the information protection principles and are directly applied to Council’s day to day functions.

NOTE: This option has not been pursued at this time.

 

5.3      Distribution of information to the public

 

Council may prepare its own literature such as pamphlets on the PPIPA, HRIPA or it may obtain and distribute copies of literature available from the Office of the Privacy Commissioner NSW.

 


Part 6 – Decision Review options

 

6.1      How does the process of Internal Review operate?

 

Under section 53 of the PPIPA a person (the applicant) who is aggrieved by the conduct of a council is entitled to a review of that conduct.  An application for internal review is to be made within 6 months of when the person first became aware of the conduct.

 

The application is to be in writing and addressed to Council’s Privacy Contact Officer.  The Privacy Contact Officer will appoint a Reviewing Officer to conduct the internal review.  The Reviewing Officer must not be substantially involved in any matter relating to the application.  The Reviewing Officer must be an employee and suitability qualified. 

 

The review must be completed as soon as is reasonably practicable in the circumstances.  If the review is not completed within 60 days of the lodgement, the applicant is entitled to seek external review.

 

The Council must notify the Privacy Commissioner of an application as soon as practicable after its receipt, keep the Commissioner informed of the progress of the application and inform the Commissioner of the findings of the review and of the action it proposes to take in relation to the application.

 

The Privacy Commissioner is entitled to make submissions in relation to internal reviews and the council is required to consider any relevant material submitted by the Privacy Commissioner.  The Council must provide the Privacy Commissioner with a draft of the council’s internal review report to enable the Privacy Commissioner to make a submission.

 

Council may provide a copy of any submission by Privacy Commissioner’s to the applicant.

 

The Council must notify the applicant of the outcome of the review within 14 days of its determination.  A copy of the final review should also be provided to the Privacy Commissioner where it departs from the draft review.

 

An internal review checklist has been prepared by the Office of the Privacy Commissioner NSW and can be accessed from its website http://www.ipc.nsw.gov.au.

 

The Privacy Commissioner must be notified of a complaint, briefed on progress and notified of the outcome of an internal review under the PPIPA or HRIPA.

 

6.2      What happens after an Internal Review?

 

If the complainant remains unsatisfied, he/she may appeal to the Administrative Decisions Tribunal which hears the matter afresh and may impose its own decision and can make a range of orders including an award of damages for a breach of an information protection principle or a health privacy principle.

6.3      Is there a timeframe for a review by the Administrative Decisions Tribunal?

 

The time frame is specified in Rule 24 of the Civil and Administrative Tribunal Rules 2014.

 

The time frame is as follows:

1.    If the internal review was completed within 60 days, then the time frame for applicants seeking to make an application to the Tribunal for a review of a privacy matter is 28 calendar days after the day on which the applicant was notified of the result of the internal review. 

2.    If the internal review was not completed within 60 days, then the time frame for applicants seeking to make an application to the Tribunal for a review of a privacy matter is 28 calendar days after the later date of either:

a)        when the applicant was notified of the result of the internal review, or

b)        the day on which the 60 day period expires. 


Part 7 – Other Relevant Matters

 

7.1      Contracts with consultants and other private contractors

 

It is necessary to have specific provisions to protect the Council in any dealings with private contractors.

 

7.2      Confidentiality

 

The obligation of confidentiality is additional to and separate from that of privacy.  Nevertheless, a duty to withhold information lies at the heart of both concepts.  Confidentiality attaches to information per se, personal or health information to the person to whom that information relates.

 

An obligation of confidentiality exists for all employees whether express or implied as a matter of law.

 

Information which may be confidential is also likely to have a separate and independent obligation attaching to it in the form of privacy and in that regard, a release for the purposes of confidentiality will not suffice for privacy purposes.  Two separate releases will be required and, in the case of privacy, the person to whom the information relates will be required to provide the release.

 

7.3      Misuse of personal or health information

 

Section 664 of the LGA makes it an offence for anyone to disclose information except in accordance with that section.  Whether or not a particular disclosure is made with lawful excuse is a matter that requires legal opinion from case to case.

 

7.4      Regular review of the collection, storage and use of personal or health information

 

The information practices relating to the collection, storage and use of personal or health information will be reviewed by the Council every three (3) years.  Any new program initiatives will be incorporated into the review process with a view to ascertaining whether or not those programs comply with the PPIPA.

 

7.5      Regular review of Privacy Management Plan

 

When information practices are reviewed from time to time, the Privacy Management Plan will also be reviewed to ensure that the Plan is up to date.

 

7.6      Further information

 

For assistance in understanding the processes under the PPIPA and HRIPA, please contact the Council or the Office of the Privacy Commissioner NSW.

 


Part 8 – Appendices


Item 14 Ordinary Meeting 24 July 2018

Item 14 - Annexure 3

 

Appendix 1: Statutory Declaration for access under Section 57 of the Privacy and Personal Information Protection Act 1998 to a Public Register held by Council

 

Statutory Declaration - Oaths Act, 1900, Eighth Schedule

 

I, the undersigned (1)

 

(1) insert full name

of (2)

 

 

(2) insert address

 

 

 

in the State of New South Wales, do solemnly and sincerely declare that:

 

 

 

 

 

 

I am (3)

 

 

(3) insert relationship, if any, to person

 

 

 

inquired about

I seek to know whether (4)

 

 

(4) insert name

 

 

 

 

is on the public register of (5)

 

 

(5) Applicant to describe the relevant

 

 

 

public register

The purpose for which I seek this information is (6)

 

 

(6) insert purpose for

 

 

 

seeking information

 

 

 

 

The purpose for which the information is required is to (7)

 

 

(7) insert purpose

 

 

 

 

 

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act 1900.

 

Declared at: .................................................... on ........................................................................

[place]                                                           [date]

.......................................................................

[signature of declarant]

in the presence of an authorised witness, who states:

 

I, ...................................................................... , a .......................................................................,

[name of authorised witness]                             [qualification of authorised witness]

 

certify the following matters concerning the making of this statutory declaration by the person who made it: [* please cross out any text that does not apply]

1.    *I saw the face of the person OR *I did not see the face of the person because the person was wearing a face covering, but I am satisfied that the person had a special justification for not removing the covering, and

2.    *I have known the person for at least 12 months OR *I have not known the person for at least 12 months, but I have confirmed the person’s identity using an identification document and the document I relied on was .........................................................................

[describe identification document relied on]

 

...............................................................             ................................................................

[Signature of authorised witness]                                           [date]


Appendix 2: Base wording for Privacy Notification and Sample

- Section 10 (Pre – Collection)

(The words are to be adapted subject to the specific form on which it appears)

BASE

The personal information that Council is collecting from you is personal information for the purposes of the Privacy and Personal Information Protection Act 1998 (PPIPA).

 

The intended recipients of the personal information are:

 

·        officers within the Council;

·        data service providers engaged by the Council from time to time;

·        any other agent of the Council; and

·                   

 

(Insert Name of any other recipients)

 

The supply of information by you is:

r Voluntary

r Not voluntary

 

 

 

If you cannot provide, or do not wish to provide, the information sought, Council

r May be unable to process your application.

r Will be unable to process your application.

 

 

Council is collecting this personal information from you in order to:

 

 

You may make application for access or amendment to information held by Council.

 

You may also make a request that Council suppress your personal information from a public register.  Council will consider any such application in accordance with the PPIPA.

 

Council is to be regarded as the agency that holds the information.


SAMPLE (From GIPA application forms):

PRIVACY NOTICE

Purpose of collection: Public access to Council's documents.

Intended recipients: Council staff and is publicly available under the Government Information Public Access Act 2009.

Supply: Voluntary, a consequence of non provision is that insufficient information will be provided.

Access / Correction: Requests for access / correction of information under the Government Information (Public Access) Act or Privacy & Personal Information Protection Act 1998, contact the Council’s Public Officer.

Storage: This form will be placed on a relevant file and/or will be saved on Council’s main records management system.


Appendix 3: Base wording for Privacy Notification and Sample

- Section 10 (Post – Collection)

(Addressed to the person from whom information has been collected.  In instances where personal information is collected without using a form that contains a Privacy Notice the following wording is to be adapted.)

BASE

The personal information that Council has collected from you is personal information for the purposes of the Privacy and Personal Information Protection Act 1998 (PPIPA).

The intended recipients of the personal information are:

·        officers within the Council;

·        data service providers engaged by the Council from time to time;

·        any other agent of the Council; and

·       

 

(Insert Name of any other recipients)

 

The supply of information by you is:

r Voluntary

r Not voluntary

 

 

 

If you cannot provide, or do not wish to provide, the information sought, the Council

may:

 

 

 

Council has collected this personal information from you in order to:

 

 

You may make application for access or amendment to information held by Council.


SAMPLE (From Job Application acknowledgment letter):

PRIVACY NOTICE

Some information that Council has collected from you is personal information for the purposes of the Privacy and Personal Information Protection Act 1998 (PPIPA).  Council has collected this personal information from you in order to assess your job application; the supply of information by you is Voluntary however a consequence of non provision is that Council may not be able to consider your application.

The intended recipients of the personal information are officers within the Council and may be made available under the Government Information Public Access Act 2009.

You may make application for access or amendment to information held by Council.

You may also make a request that Council suppress your personal information from a public register.  Council will consider any such application in accordance with the PPIPA.

Council is to be regarded as the agency that holds the information.  Your application will be placed on a relevant file and/or will be saved on Council’s main records management system.


Appendix 4: Application under Section 13 of the Privacy and Personal Information Protection Act 1998: To determine whether Council holds personal information about a person.

 

Personal information held by the Council

 

I, (1)

 

(1) insert full name

 

 

 

of (2)

 

 

(2) insert address

 

 

 

Hereby request the General Manager of Cabonne Council provide the following:

 

 

 

 

 

·     Does the Council hold personal information about me?

r Yes

r No

 

 

 

·     If so, what is the nature of that information?

 

 

 

 

·     What is the main purpose for holding the information?

 

 

 

 

·     Am I entitled to access the information?

r Yes

r No

 

My address for response to this application is:

 

 

 

State:

 

Post Code:

 

 

Note to applicants

 

Council will not record your address or any other contact details that you provide for any other purpose other than to respond to your application.

 

As an applicant, you have a right of access to personal information concerning yourself that is held by the Council under section 14 of the Privacy and Personal Information Protection Act 1998 (PPIPA).  There is a separate application form to gain access.

 

The Council may refuse to process this application in part or in whole if:

·       there is an exemption to section 13 of the PPIPA; or

·       a Code of Practice may restrict the operation of section 14.

 

Enquiries concerning this matter can be addressed to:

 

The General Manager - Cabonne Council, PO Box 17 MOLONG NSW 2866


Appendix 5: Application under section 14 of the Privacy And Personal Information Protection Act 1998: For access to Applicant’s Personal Information

 

Personal information held by the Council

 

I, (1)

 

(1) insert full name

 

 

 

of (2)

 

 

(2) insert address

 

 

 

Hereby request that Cabonne Council provide me with:

 

(

 

 

 

r (a) access to all personal information held concerning myself; or

r (b) access to the following personal information only (list information required below):

 

 

 

My address for response to this application is:

 

 

 

State:

 

Post Code:

 

 

 

Note to applicants

 

As an applicant, you have a right of access to personal information concerning yourself that is held by the Council under section 14 of the Privacy and Personal Information Protection Act 1998 (PPIPA).

 

You are entitled to have access without excessive delay or cost.

Council may refuse to process your application in part, or in whole, if:

·       the correct amount of fees has not been paid;

·       there is an exemption to section 14 of the PPIPA; or

·       a Code of Practice may restrict disclosure.

 

Note: The fee structure is commensurate to that of the Council’s GIPA Act rates structure.

 

Enquiries concerning this matter can be addressed to:

 

The General Manager - Cabonne Council, PO Box 17 MOLONG NSW 2866


Appendix 6: Application under section 15 of the Privacy and Personal Information Protection Act 1998: For alteration of Applicant’s Personal Information

Personal information held by the Council

I, (1)

 

(1) insert full name

 

 

 

of (2)

 

 

(2) insert address

 

 

 

Hereby request that the Cabonne Council alter personal information regarding myself in the following manner:

 

 

 

 

 

 

 

·     I propose the following changes:

 

 

 

 

·     The reasons for the changes are as follows:

 

 

 

The documentary bases for those changes is as shown on the attached documents

 

 

Note to Applicants:

You have a right to request appropriate amendments are made (whether by way of corrections, deletions or additions) to ensure that the personal information held by the Council:

(a)       is accurate, and

(b)       having regard to the purpose for which the information was collected (or is to be used) and to any purpose that is directly related to that purpose, is relevant, up-to- date, complete and not misleading.

If Council is not prepared to amend the personal information in accordance with a request by you, Council must take such steps as are reasonable to attach to the information in such a manner as is capable of being read with the information, any statement provided by you.

If your personal information is amended, you are entitled under the Privacy and Personal Information Protection Act 1998 (PPIPA), if it is reasonably practicable, to have recipients of that information notified of the amendments made by Council.

Council may refuse to process your application in part, or in whole, if:

·       there is an exemption to section 15 of the PPIPA; or

·       a Code of Practice may restrict alteration.

Enquiries concerning this matter can be addressed to:

 

The General Manager - Cabonne Council, PO Box 17 MOLONG NSW 2866


Item 14 Ordinary Meeting 24 July 2018

Item 14 - Annexure 4

 

Public Interest Disclosures

(Internal Reporting) Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

12 July 2018

Author

Administration Manager

Owner

(Relevant director)

General Manager

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Draft

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

 

2 Summary

This policy establishes an internal reporting system for the reporting of disclosures of corrupt, maladministration or serious and substantial waste of public money by Cabonne Council, its staff and Councillors.

3 Approvals

Title

Date Approved

Signature

Mayor

 

 

General Manager

 

 

4 History

Minute No.

Summary of Changes

New Version Date

06/05/7

Public interest disclosures Policy adopted

15 May 2006

10/03/08

Readopted by Council with the amendment “The Corporate Development Manager be deleted from the list of nominated Disclosure Officers.”

15 March 2010

 

Policy retitled to “Internal Reporting Policy” and amended in keeping with legislation changes to (retitled) Public Interest Disclosures Act 1994

November 2011

11/11/29

Readopted by Council with the amendment “information will be given to you within forty five (45) working days from the date you make your report”

November 2011

13/09/30

Readopted as per s165(4)

17 September 2013

13/10/9

Amended to reflect revised Model internal reporting policy dated July 2013 from NSW Ombudsman (with DLG)

15 October 2013

15/08/17

Provision for meeting ex-staff members expenses for attending enquiries added – see section 2.

August 2015


 

5 Reason

In accordance with requirements of the Public Interest Disclosures Act 1994 Council has adopted this policy to:

1.   Encourage and facilitate the disclosure, in the public interest, of corrupt conduct, maladministration and serious and substantial waste in Council by staff and/or Councillors; and

2.   Ensure that any Council staff member who wishes to make a disclosure receives legal protection from reprisals, and that the matters raised in any disclosure are properly investigated.

6 Scope

Refer below.

7 Associated Legislation

Public Interest Disclosures Act 1994

Government Information (Public Access) Act 2009

Independent Commission Against Corruption Act 1988

8 Definitions

Three key concepts in the internal reporting system are “corrupt conduct”, “maladministration” and “serious and substantial waste of public money”.  Definitions of these concepts are outlined below.

(1)     Corrupt conduct

“Corrupt conduct” is defined in the Independent Commission Against Corruption Act 1988 (sections 8 and 9).  The definition used in the Act is intentionally quite broad - corrupt conduct is defined to include the dishonest or partial exercise of official functions by a public official.  Conduct of a person who is not a public official, when it adversely affects the impartial or honest exercise of official functions by a public official, also comes within the definition.

Corrupt conduct can take many forms, i.e. taking or offering bribes, public officials dishonestly using influence, blackmail, fraud, election bribery and illegal gambling are some examples.

(2)     Maladministration

“Maladministration” is defined in the Public Interest Disclosures Act as conduct that involves action or inaction of a SERIOUS NATURE that is:

¨  contrary to law (s.11(2)(a)) - for example:

·   decisions or actions contrary to the law or ultra vires (defined below)

·   decisions or actions contrary to lawful and reasonable orders from persons or body’s with authority to make or give such orders

·   a breach of natural justice/procedural fairness

·   unauthorised disclosure of confidential information

¨  unreasonable (s.11(2)(b)) - for example:

·   decisions or actions:

§ inconsistent with adopted guidelines or policy

§ made or taken without obvious relationship to the facts or circumstances

§ so unreasonable that no reasonable person could so decide or act (i.e. irrational)

·   relevant considerations not taken into account or irrelevant considerations taken into account

·   serious delay

·   wrong, inaccurate or misleading advice leading to detriment

·   means used not reasonably proportional to ends to be achieved (i.e. excessive use of authority)

·   failure to rectify identified mistakes, errors, oversights or improprieties

¨  unjust (s.11(2)(b)) - for example:

·   decisions or actions not justified by any evidence, so unreasonable that no reasonable person could so decide to act (i.e. irrational), or unconscionable

·   partial, unfair or inequitable decisions or actions

·   abuse of power

¨  oppressive (s.11(2)(b)) - for example:

·   unconscionable decisions or actions

·   abuse of power, intimidation or harassment

·   punitive, harsh, cruel or offensive decisions or actions

¨  improperly discriminatory (s.11(2)(b)) - for example:

·   inconsistent application of laws, policies or practices when there is no reasonable, justifiable or appropriate reason to do so

·   distinctions applied not authorised by law, or failure to make a distinction which is authorised or required by law

·   failure to perform duties impartially and equitably

¨  based wholly or partially on improper motives (s.11(2)(c)) - for example:

· decisions or actions for a purpose other than that for which power was conferred

· decisions or actions for personal advantage

· bad faith

ultra vires - [Latin, Beyond the powers.] The doctrine in the law of corporations that holds that if a corporation enters into a contract that is beyond the scope of its corporate powers, the contract is illegal.

 

9 Responsibilities

Refer to Policy Statement.

10 Related Documents

Document Name

Document Location

Code of Conduct

Complaints Management Policy

HR Manual

Work Health and Safety Policy

 

Council’s Policy Database – Magiq and website

 

NSW Ombudsman: What should be reported?

http://www.ombo.nsw.gov.au/__data/assets/pdf_file/0005/3596/GL_-B2-What_should_be_reported_nov11.pdf

NSW Ombudsman: Public Interest Disclosures Guidelines

http://www.ombo.nsw.gov.au/news-and-publications/publications/guidelines/public-interest-disclosures

 


 

 

11 Policy Statement

CONTENTS:

 

·         1. Purpose and context of the policy  7

·         2. Organisational commitment  8

·         3. Roles and responsibilities in Council  8

·         4. What should be reported?  9

·         5. When will a report be protected?  10

·         6. How to make a report   11

·         7. Can a report be anonymous?  11

·         8. Maintaining confidentiality   11

·         9. Who can receive a report within Cabonne Council?  12

·         10.                         Who can receive a report outside of Cabonne Council?  13

·         11.                            Feedback to the individual who reported wrongdoing   14

·         12.                                                                                                  Protection against reprisals  15

·         13.                                                              Support for those reporting wrongdoing   16

·         14.                          Sanctions for making false or misleading disclosures  16

·         15.                                                                             Support for the subject of a report  17

·         16.                                                                                                                                                                    Review    17

·         17.                                                                                                                                    More Information   17

·         18.                                                                                                                                                       Resources   18

 

1.       Purpose and context of the policy

Under section 6D of the Public Interest Disclosures Act 1994 (the PID Act), Councils as public authorities are required to have a policy and procedures for receiving, assessing and dealing with public interest disclosures.

The purpose of the Public Interest Disclosures Act (PID) 1994 is:

1.   To encourage and facilitate the disclosure, in the public interest, of corrupt conduct, maladministration and serious and substantial waste in the public sector; and

2.   To ensure that any public official who wishes to make a disclosure receives legal protection from reprisals, and that the matters raised in any disclosure are properly investigated.

The Act aims to encourage and facilitate the disclosure - in the public interest - of corrupt conduct, maladministration and serious and substantial waste in the public sector.  This is achieved by:

·          enhancing and augmenting established procedures based on the Ombudsman’s guidelines for making disclosures concerning such matters;

·          protecting persons from reprisals that might otherwise be inflicted on them because of these disclosures; and

·          providing for those disclosures to be properly investigated and dealt with.

This internal reporting policy clearly states the Council's commitment to supporting and protecting individuals that report wrongdoing. 

Council has adopted this policy with strong endorsement by the Mayor and General Manager to show the Council's commitment to high standards of ethical and accountable conduct, consistent with Council’s Code of Conduct and to confirm that it will not tolerate any form of wrongdoing.

Individuals who come forward and report wrongdoing are considered to be helping to promote integrity, accountability and good management within the Council.  As such they should not be exposed to any conduct which may be covered in Council’s grievance policy (available in the  HR Manual on Council’s Intranet or on request from the HR Officer).

The policy applies to Council staff, as well as Councillors and other persons as defined in “3. Roles and responsibilities of staff”

 

This policy seeks to:

1.   To establish and explain an internal reporting system for the reporting of disclosures of corrupt conduct, maladministration or serious and substantial waste of public money by Cabonne Council, members of Council staff and Councillors.  This enables public interest disclosures to be made to the Disclosure Coordinator, nominated Disclosures Officers, the Mayor, or the General Manager and explains how they will be handled.

2.   To complement the normal means of communication between managers and members of Council staff.  (Council staff are encouraged to continue to raise appropriate matters at any time with their managers but they also have the right to make public interest disclosures in accordance with this policy.)

3.   To ensure that Council will take all reasonable steps to protect any Councillor or member of Council staff or Council contractor who makes a disclosure from any detrimental action in reprisal for making that disclosure.

2.       Organisational commitment

Cabonne Council, as an ethical Council, is committed to acting in accordance with the spirit and letter of the PID Act by:

·          creating a climate of trust, where Council staff are comfortable and confident about reporting wrongdoing

·          encouraging staff to come forward if they have witnessed what they consider to be wrongdoing within the Council

·          keeping the identity of the staff member disclosing wrongdoing confidential, wherever possible and appropriate

·          protecting staff who make disclosures from any adverse action motivated by their report

·          dealing with reports thoroughly and impartially and if some form of wrongdoing has been found, taking appropriate action to rectify it

·          keeping individuals who make reports informed of their progress and the outcome

·          encouraging staff to report wrongdoing within Council, but respecting any decision to disclose wrongdoing outside Council, provided that disclosure outside Council is made in accordance with the PID Act

·          ensuring managers and supervisors at all levels in Council understand the benefits of reporting wrongdoing, are familiar with this policy, and aware of the needs of those who report wrongdoing

·          providing adequate resources, both financial and human, to:

encourage reports of wrongdoing

protect and support those who make them

provide training for key personnel

investigate allegations  - in this regard the council will meet the reasonable costs of attending an investigation including loss of income, travel, accommodation and for legal representation for ex-employees who may be called as witnesses during any such investigation

properly manage any workplace issues that the allegations identify or create

correct any problem that is identified

reassess or review the policy each year to ensure it is still relevant and effective.

·          reviewing the policy periodically to ensure it is relevant and effective

3.       Roles and responsibilities in Council

This policy will apply to:

·          Members of Council staff and Councillors

·          permanent employees, whether full-time or part-time

·          temporary or casual employees

·          consultants

·          individual contractors working for Council.

The policy may also apply to other people who perform public official functions and their conduct and activities could be investigated by an investigating authority.  This can include volunteers and those contracted to work for Council.  

Members of Council staff are encouraged to support those who have made disclosures, as well as protect and maintain their confidentiality.  Staff must not victimize or harass anyone who has made a disclosure.

This policy is designed to complement normal communication channels between supervisors and staff.  Staff are encouraged to continue to raise appropriate matters at any time with their supervisors, but as an alternative have the option of making a public interest disclosure in accordance with this policy.

The policy needs to be signed by both the Mayor and the General Manager.

Under the PID Act, the general manger as the head of the public authority is responsible for ensuring that:

•        the Council has an internal reporting policy

•           the staff of the Council and Councillors are aware of the contents of the policy and the protection under the PID Act for people who make public interest disclosures

•           the Council complies with the policy and the Council’s obligations under the PID Act, and

•        the policy delegates at least one staff member as being responsible for receiving public interest disclosures. Clause 3.15 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW requires the complaints coordinator to be a nominated disclosures coordinator.  The Ombudsman recommends Council nominates more than one person as being responsible for receiving public interest disclosures.

4.       What should be reported?

You should report any wrongdoing you see within Cabonne Council.  Reports about the five categories of serious wrongdoing – corrupt conduct, maladministration, serious and substantial waste of public money, government information contravention, and local government pecuniary interest contravention – will be dealt with under the PID Act as public interest disclosures and according to this policy.

a.  Corrupt conduct

Corrupt conduct is the dishonest or partial exercise of official functions by a public official.

For example, this could include:

·          the improper use of knowledge, power or position for personal gain or the advantage of others

·          acting dishonestly or unfairly, or breaching public trust

·          a Council official using their position in a way that is dishonest, biased or breaches public trust.

For more information about corrupt conduct, see the NSW Ombudsman’s guideline on “what can be reported” at www.ombo.nsw.gov.au.

b.  Maladministration

Maladministration is conduct that involves action or inaction of a serious nature that is contrary to law, unreasonable, unjust, oppressive or improperly discriminatory or based wholly or partly on improper motives.

For example, this could include:

·          making a decision and/or taking action that is unlawful

·          refusing to grant an approval for reasons that are not related to the merits of their application.

For more information about maladministration, see the NSW Ombudsman’s guideline on “what can be reported” at www.ombo.nsw.gov.au.

c.  Serious and substantial waste in local government

Serious and substantial waste is the uneconomical, inefficient or ineffective use of resources that could result in the loss or wastage of local government money.  This includes all revenue, loans and other money collected, received or held by, for or on account of the Council.

For example, this could include:

·          poor project management practices leading to projects running over time

·          having poor or no processes in place for a system involving large amounts of public funds.

For more information about serious and substantial waste, see the NSW Ombudsman’s guideline on “what can be reported” at www.ombo.nsw.gov.au.

d.  Government information contravention

A government information contravention is a failure to properly fulfil functions under the Government Information (Public Access) Act 2009 (GIPA Act).

For example, this could include:

·          destroying, concealing or altering records to prevent them from being released

·          knowingly making decisions that are contrary to the legislation

·          directing another person to make a decision that is contrary to the legislation.

For more information about government information contravention, see the NSW Ombudsman’s guideline on “what can be reported” at www.ombo.nsw.gov.au.

e.  Fraudulent conduct

Fraud is dishonest activity causing actual or potential financial loss to any person or entity, including theft of personal identity, moneys or other property by employees or persons external to the University and where deception is used at the time, immediately before or immediately following the activity. This also includes the deliberate falsification, concealment, destruction or use of falsified documentation used or intended for use for a normal business purpose or the improper use of information or position for personal financial benefit.

The concept of fraud involves fraudulent or corrupt conduct by internal parties or external entities targeting the organisation, or fraudulent or corrupt conduct by the University itself targeting external entities.

f.   Other wrongdoing

Although reports about the previous four categories of conduct can attract the specific protections of the PID Act, you should report all activities or incidents that you believe are wrong.

For example, these could include:

·          harassment or unlawful discrimination

·          reprisal action against a person who has reported wrongdoing

·          practices that endanger the health or safety of staff or the public.

These types of issues should be reported to a supervisor, in line with Cabonne Council’s policies including the Code of Conduct, Complaints handling, Employee Grievance Handling and harassment in the workplace policies and procedures.

Even if these reports are not dealt with as public interest disclosures, Cabonne Council will consider each matter and make every attempt to protect the staff member making the report from any form of reprisal.

5.       When will a report be protected?

Cabonne Council will support any person that reports wrongdoing.  For a report to be considered a public interest disclosure, it has to meet all of the requirements under the PID Act.  These requirements are:

·          The person making the disclosure must honestly believe on reasonable grounds that the information shows or tends to show wrongdoing.

The Ombudsman Guideline What should be reported? provides further detail on when a report will be protected.  Some examples are:

a senior Council staff member recommending a family member for a Council contract and not declaring the relationship

a General Manager holding an undisclosed shareholding in a company competing for a Council contract.

·          The report has to be made to a position nominated in this policy (see section 9) or an investigating authority (see section 10).

Reports by staff and Councillors will not be considered to be public interest disclosures if they:

·          mostly question the merits of the policy of the governing body of the Council.

·          are made with the sole or substantial motive of avoiding dismissal or other disciplinary action.

6.       How to make a report

You can report wrongdoing in writing or verbally.  You are encouraged to make a report in writing as this can help to avoid any confusion or misinterpretation.

If a report is made verbally, the person receiving the report must make a comprehensive record of the disclosure and ask the person making the disclosure to sign this record.  The individual should keep a copy of this record.

If you are concerned about being seen making a report, ask to meet in a discreet location away from the workplace.

7.       Can a report be anonymous? 

There will be some situations where you may not want to identify yourself when you make a report.  Although these reports will still be dealt with by Cabonne Council, it is best if you identify yourself.  This allows us to provide you with any necessary protection and support, as well as feedback about the outcome of any investigation into the allegations.

It is important to realise that an anonymous disclosure may not prevent you from being identified. If we do not know who made the report, it is very difficult for us to prevent any reprisal action.

8.       Maintaining confidentiality 

Cabonne Council realises many staff will want their report to remain confidential.  This can help to prevent any action being taken against you for reporting wrongdoing.

We are committed to keeping your identity, and the fact you have reported wrongdoing, confidential.  However there may be situations where this may not be possible or appropriate.  We will discuss with you whether it is possible to keep your report confidential.

If confidentiality cannot be maintained, we will develop a plan to support and protect you from risks of reprisal.  You will be involved in developing this plan.  You will also be told if your report will be dealt with under the Council’s code of conduct, as this may mean certain information will have to be tabled at a Council meeting.

If you report wrongdoing, you should only discuss your report with those responsible to deal with it.  This will include the disclosures coordinator and the General Manager.  In the case of a report about the General Manager, you should only discuss your report with the disclosures coordinator and the Mayor.

Where your complaint is made under the Council’s code of conduct and relates to the General Manager or a Councillor, you may be required to discuss it with a conduct reviewer.

If you discuss your report more broadly, you may affect the outcome of any investigation.

9.       Who can receive a report within Cabonne Council? 

You are encouraged to report general wrongdoing to your supervisor.  However the PID Act requires that for a report to be a public interest disclosure it must be made to a public official in accordance with the Council’s disclosure procedures.  For Cabonne Council, this means this policy and any supporting procedures.

Any supervisor who receives a report that they believe may be a public interest disclosure must refer the individual making the report to one of the positions listed below.  The broader responsibilities of these positions will be outlined below in this policy.

If your report involves a Councillor, you should make it to the General Manager.  If your report relates to the General Manager, you should make it to the Mayor.

The following positions are the only staff within Cabonne Council who can receive a public interest disclosure.

a.  General Manager

You can report wrongdoing directly to the General Manager.  The General Manager is responsible for:

·          deciding if a report is a public interest disclosure

·          determining what needs to be done next, including referring it to other authorities

·          deciding what needs to be done to correct the problem that has been identified.

·          ensuring there are systems in place in to support and protect people who report wrongdoing

·          dealing with disclosures made under the Council’s code of conduct in accordance with the Council’s adopted code of conduct procedures

·          referring actual or suspected corrupt conduct to the Independent Commission Against Corruption.

The General Manager may be contacted on 02 6392 3208.

b.  Mayor

If you are making a report about the General Manager, you should make your report to the Mayor.  The Mayor is responsible for:

·          deciding if a report is a public interest disclosure

·          determining what needs to be done next, including referring it to other authorities

·          deciding what needs to be done to correct the problem that has been identified. 

·          dealing with disclosures made under the Council’s code of conduct in accordance with the Council’s adopted code of conduct procedures

The Mayor must make sure there are systems in place in Cabonne Council to support and protect staff who report wrongdoing.

If the report is about the General Manager, the Mayor is also responsible for referring actual or suspected corrupt conduct to the Independent Commission Against Corruption.

The Mayor may be contacted on 02 6392 3208.

c.  Disclosures Coordinator

The disclosures coordinator (DC) has a central role in dealing with reports made by staff and Councillors.  The DC receives them, assesses them, and refers them to the people within Cabonne Council who can deal with them appropriately.

The Cabonne Council Disclosures Coordinator (Director of Finance & Corporate Services) may be contacted on telephone 02 6392 3222.

d.  Disclosures Officers

Disclosures officers are responsible for receiving, forwarding and/or dealing with reports made in accordance with this policy.

Council’s Disclosures Officers are listed below and may be contacted as follows:

·          Director of Engineering & Technical Services on telephone: 02 6390 7123

·          Director Environmental Services on telephone: 02 6392 3241

·          Human Resources Coordinator on telephone: 02 6392 3218

10.       Who can receive a report outside of Cabonne Council?

Staff and Councillors are encouraged to report wrongdoing within Cabonne Council, but internal reporting is not your only option.  If you follow the guidance below, your report can still be a public interest disclosure to:

·          an investigating authority.  If your report is about both the General Manager and the Mayor, you may wish to consider making it to an investigating authority.

·          a Member of Parliament or a journalist, but only in limited circumstances outlined below.

a.  Investigating authorities

The PID Act lists a number of investigating authorities in NSW that staff and Councillors can report wrongdoing to and the categories of wrongdoing each authority can deal with.

In relation to Council, these authorities are:

·          the Independent Commission Against Corruption (ICAC) — for corrupt conduct

·          the Ombudsman — for maladministration

·          the Director-General of the Office of Local Government, Department of Premier and Cabinet — for disclosures about local government agencies

·          the Information Commissioner — for disclosures about a government information contravention.

You should contact the relevant authority for advice about how to make a disclosure to them.  Contact details for each investigating authority are provided at the end of this policy.

You should be aware that it is very likely the investigating authority will discuss the case with Cabonne Council.  We will make every effort to assist and cooperate with the investigating authority to ensure the matter is dealt with appropriately and there is a satisfactory outcome.  We will also provide appropriate support and assistance to individuals who report wrongdoing to an investigating authority.

b.  Members of Parliament or journalists

To have the protections of the PID Act, staff reporting wrongdoing to a Member of Parliament (MP) or a journalist must have already made substantially the same report to one of the following:

·          the General Manager

·          a person nominated in this policy

·          an investigating authority in accordance with the PID Act.

Also, Cabonne Council or the investigating authority that received the report must have either:

·          decided not to investigate the matter

·          decided to investigate the matter, but not completed the investigation within six months of the original report

·          investigated the matter but not recommended any action as a result

·          not told the person who made the report, within six months of the report being made, whether the matter will be investigated.

Most importantly – to be protected under the PID Act – if you report wrongdoing to an MP or a journalist you will need to be able to prove that you have reasonable grounds for believing that the disclosure is substantially true and that it is in fact substantially true.

If you report wrongdoing to a person or an organisation that is not listed above, you will not be protected under the PID Act.  This may mean you will be in breach of legal obligations or our Code of Conduct – by, for example, disclosing confidential information.

For more information about reporting wrongdoing outside Cabonne Council, contact the disclosures coordinator or the NSW Ombudsman’s Public Interest Disclosures Unit.  Their contact details are provided at the end of this policy.

11.       Feedback to the individual who reported wrongdoing

The individual who reported wrongdoing will be told what is happening in response to their report.

When you make a report, you will be given:

·          an acknowledgement that your disclosure has been received

·          the timeframe for when you will receive further updates

·          the name and contact details of the people who can tell you what is happening.

The PID Act requires that you are provided with an acknowledgement letter and a copy of this policy within 45 days after you have made your report.  We will attempt to get this information to you within two working days from the date you make your report.

While the PID Act requires policies to advise that an acknowledgement and a copy of this policy is to be provided to a person reporting wrongdoing within 45 days of the report being made, it is recommended by the DLG and NSW Ombudsman that the reporter is provide an acknowledgement much sooner.

After a decision is made about how your report will be dealt with, you will be given:

·          information about the action that will be taken in response to your report

·          likely timeframes for any investigation

·          information about the resources available within Cabonne Council to handle any concerns you may have

·          information about external agencies and services you can access for support.

This information will be given to you within 10 working days from the date you make your report.

During any investigation, you will be given:

·          information on the ongoing nature of the investigation

·          information about the progress of the investigation and reasons for any delay

·          advice if your identity needs to be disclosed for the purposes of investigating the matter, and an opportunity to talk about this.

At the end of any investigation, you will be given:

·          enough information to show that adequate and appropriate action was taken and/or is proposed to be taken in response to your disclosure and any problem that was identified

·          advice about whether you will be involved as a witness in any further matters, such as disciplinary or criminal proceedings.

Behaviour of all people involved in the PID process needs to adhere to Council’s code of conduct.  A breach of the code of conduct could result in disciplinary action.

12.       Protection against reprisals

The PID Act provides protection for people reporting wrongdoing by imposing penalties on anyone who takes detrimental action substantially in reprisal for them making the public interest disclosure.  It may also be a breach of Council’s Code of Conduct.

Cabonne Council will not tolerate any reprisal action against a person who reports wrongdoing.  The criminal penalties that can be imposed include imprisonment or fines.  Detrimental action is also misconduct that justifies disciplinary action.  A person who take detrimental action against someone who has made a disclosure can also be required to pay damages for any loss suffered by that person.

Detrimental action means action causing, comprising or involving any of the following:

·          injury, damage or loss

·          intimidation or harassment

·          discrimination, disadvantage or adverse treatment in relation to employment

·          dismissal from, or prejudice in, employment

·          disciplinary proceedings.

a.  Responding to reprisals

Cabonne Council will act to protect staff who report wrongdoing from reprisals.

When a report is received, we will ensure that a thorough risk assessment is conducted. This will identify any risks to the member of staff or Councillor who reported the wrongdoing, as well as strategies to deal with those risks.

If you believe that detrimental action has been or is being taken against you or someone else who has reported wrongdoing in reprisal for making a report, you should tell your supervisor, the disclosures coordinator or the General Manager immediately, or in the case of an allegation of reprisal action by the General Manager, the Mayor.

All supervisors must report any suspicions they have that reprisal action against a staff member is occurring, or any reports that are made to them, to the disclosures coordinator or the General Manager, or in the case of an allegation of reprisal by the General Manager, to the Mayor.

If the disclosures coordinator becomes aware of or reasonably suspects that reprisal action is or has been taken against a person who has made a disclosure, they will ensure that the matter is reported under the Council’s code of conduct and dealt with in accordance with the Council’s code of conduct procedures.

If you report reprisal action, you will be kept informed of the progress of any investigation and the outcome.

The General Manager may issue specific directions to help protect against reprisals, including:

·          issuing warnings to those alleged to have taken reprisal action against the individual who made the disclosure

·          relocating the member of staff who made the disclosure or an officer the subject of the allegations within the current workplace

·          transferring the member of staff who made the disclosure or the staff member who is the subject of the allegations to another position for which they are qualified

·          granting the member of staff who made the disclosure or the subject officer leave of absence during the investigation of the disclosure.

In relation to staff who make reports, such directions will only be made if the member of staff agrees to it.  The disclosures coordinator will make it clear to other staff that this action was taken in consultation with the staff member and with management support – and it is not a punishment.

If you have reported wrongdoing and feel that any reprisal action is not being dealt with effectively, contact the Ombudsman, the ICAC, or the Chief Executive of the Division of Local Government – depending on the type of wrongdoing you reported.  Contact details for all these investigating authorities are included at the end of this policy.

b.  Protection against legal action

If you make a disclosure in accordance with the PID Act, you will not be subject to any liability and no action, claim or demand can be taken against you for making the disclosure.  You will not have breached any confidentiality or secrecy obligations and you will have the defence of absolute privilege in defamation.

13.       Support for those reporting wrongdoing 

Cabonne Council will make sure that staff who have reported wrongdoing, regardless of whether they have made a public interest disclosure, are provided with access to any professional support they may need as a result of the reporting process – such as stress management, counselling services, legal or career advice.

We also have staff that will provide support for those who report wrongdoing.  They are responsible for initiating and coordinating support, particularly to those who are suffering any form of reprisal.

Council’s support officer in this regard is the Human Resources Officer who may be contacted on 02 6392 3218.

All supervisors must notify the disclosures coordinator if they believe a staff member is suffering any detrimental action as a result of disclosing wrongdoing.

14.       Sanctions for making false or misleading disclosures

It is important that all staff and Councillors are aware that it is a criminal offence under the PID Act to wilfully make a false or misleading statement when reporting wrongdoing.  It may also be a breach of the Council’s code of conduct and may result in disciplinary action.  In the case of Councillors, such disciplinary action may be taken under the misconduct provisions of the Local Government Act 1993 and may include suspension or disqualification from civic office.

15.       Support for the subject of a report

Cabonne Council is committed to ensuring people who are the subject of a report of wrongdoing are treated fairly and reasonably.  If you are the subject of a report, you will be:

·          treated fairly and impartially

·          told your rights and obligations under our policies and procedures

·          kept informed during any investigation

·          given the opportunity to respond to any allegation made against you

·          told the result of any investigation.

16.       Review

This policy will be reviewed by Council every twelve/eighteen months.  For any advice or guidance about this review, Council may contact the NSW Ombudsman’s Public Interest Disclosures Unit.

17.       More Information

Staff and Councillors can access advice and guidance about the PID Act from Cabonne Council Disclosures Coordinator (Director of Finance and Corporate Services on telephone 6392 3222) and the NSW Ombudsman (for general advice on telephone 9286 1000) or website at www.ombo.nsw.gov.au


 

18.       Resources

The contact details for external investigating authorities that staff can make a public interest disclosure to or seek advice from are listed below.

 

For disclosures about corrupt conduct:

Independent Commission Against Corruption (ICAC)

Phone: 02 8281 5999

Toll free: 1800 463 909

Tel. typewriter (TTY): 02 8281 5773

Facsimile: 02 9264 5364

Email: icac@icac.nsw.gov.au

Web: www.icac.nsw.gov.au  

Address: Level 21, 133 Castlereagh Street,
Sydney NSW 2000

 

For disclosures about maladministration:

NSW Ombudsman

Phone: 02 9286 1000

Toll free (outside Sydney metro): 1800 451 524

Tel. typewriter (TTY): 02 9264 8050

Facsimile: 02 9283 2911

Email: nswombo@ombo.nsw.gov.au

Web: www.ombo.nsw.gov.au

Address: Level 24, 580 George Street, Sydney NSW 2000

 

For disclosures about breaches of the GIPA Act:

Information Commissioner

Information and Privacy Commission

Phone: 1800 472 679

Facsimile: (02) 8114 3756

Email: ipcinfo@ipc.nsw.gov.au 

Web: www.ipc.nsw.gov.au

Address: Level 11, 1 Castlereagh Street, Sydney NSW 2000

Post: GPO Box 7011, Sydney NSW 2001

 

For disclosures about Council:

Director-General, Division of Local Government in the Department of Premier and Cabinet

Phone: 02 4428 4100

Tel. typewriter (TTY): 02 4428 4209

Facsimile: 02 4428 4199

Email: dlg@dlg.nsw.gov.au

Web: www.dlg.nsw.gov.au

Address: 5 O’Keefe Avenue, Nowra, NSW 2541

 


Item 14 Ordinary Meeting 24 July 2018

Item 14 - Annexure 5

 

Policing in the Cabonne Area

Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

12 July 2018

Author

General Manager

Owner

(Relevant director)

General Manager

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Draft

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

 

2 Summary

As a matter of Council policy, the Mayor attends the Community Safety Precinct Meetings quarterly.

3 Approvals

Title

Date Approved

Signature

Director of Finance & Corporate Services

 

 

4 History

Minute No.

Summary of Changes

New Version Date

02/04/13-1

 

02/04/02

10/02/17

Readopted by Council

15 February 2010

 

Tidied up

April 2012

13/09/30

Readopted as per s165(4)

17 September 2013

 


 

5 Reason

Council acknowledges that every attempt is made by Police to channel resources to where they are needed including targeting of specific areas of criminal activity and recognises the need to maintain a close working relationship to ensure adequate resourcing of the Cabonne LGA.

6 Scope

The Mayor reports back to Council any matters relevant to the Cabonne LGA.

7 Associated Legislation

 

8 Definitions

LGA – Local Government Area

9 Responsibilities

9.1 General Manager

The General Manager is responsible for the overall control and implementation of the policy.

9.2 Directors and Managers

Directors and Managers are responsible for the control of the policy and procedures within their area of responsibility.

10 Related Documents

Document Name

Document Location

 

 

11 Policy Statement

As a matter of Council policy, the Mayor attend the Community Safety Precinct Meetings quarterly.

 


Item 14 Ordinary Meeting 24 July 2018

Item 14 - Annexure 6

 

Communications and Media

Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

18 April 2018

Author

Community Engagement & Development Manager

Owner

(Relevant director)

The General Manager

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Draft

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

 

2 Summary

Cabonne Council acknowledges that strong two-way communication is the key to building positive and permanent partnerships with its community.

An effective Communications and Media Policy is a vital tool in building these partnerships and relaying accurate, timely and quality information to the community.

3 Approvals

Title

Date Approved

Signature

The General Manager

 

 

4 History

Minute No.

Summary of Changes

New Version Date

06/11/08

Media Policy

7/11/06

10/10/16

Adopted by Council at October 2010 meeting

18 October 2010

13/09/30

Readopted as per s165(4)

17 September 2013

 


 

5 Reason

Council recognises the important role local, regional and community media play in communicating Council policy and strategy messages to its residents.

The objectives of this policy are to:

·    Assist Council and confirm its commitment to communicate with the community and the media and, where applicable, to make accurate and timely public comment;

·    Provide a protocol for informing the public through the media and other means about matters that may impact on them.

Council is committed to implementing protocols and practices that:

·    Inform the community of key decisions, services, programs and initiatives;

·    Promote the transparency and accountability of Council’s decision making processes;

·    Promote the accessibility of Cabonne Councillors and staff;

·    Promote opportunities for public consultation and participation in Council’s activities; and

Build pride in the community through the development of a positive image of Cabonne Council and Shire.

6 Scope

This policy applies to:

·    Circumstances where the Council wishes to communicate with the community and the media to provide information about Council’s activities and services;

·    Instances when the media approaches Council for comment or to provide background information on matters applicable to Cabonne Council;

·    All Councillors and Council employees and contractors;

·    All comment to the media on Council business and policy.

To ensure that Councillors and staff present a consistent message and image of Cabonne Council and avoid contradictory statements in the public arena, the following protocol will apply to all media comment on behalf of Council.

In all forms of communication, Councillors and staff are expected to adhere to the highest standards of ethical practice and professional competence.

Any media comment by Councillors, outside the protocols outlined in this policy, must be clearly expressed as the personal view of those Councillors and not the official view of Cabonne Council.

7 Associated Legislation

Nil

8 Definitions

Nil

9 Responsibilities

See Authorisations in Policy Statement

10 Related Documents

Document Name

Document Location

Media Kit Template

 

11 Policy Statement

11.1 Authorisations

Only authorised elected members and staff should speak, comment or post comments on social media on behalf of Cabonne Council.

The Mayor and General Manager are the official spokespersons of Cabonne Council and the General Manager is the official spokesperson for all operational matters.

Where the Mayor is unavailable, the Deputy Mayor will generally fulfill the spokesperson role, or the Mayor or General Manager may authorise a spokesperson for particular topics.

With the approval of the Mayor, a Councillor may be authorised to comment on a matter where there is significant involvement by the Councillor.

Council recognises that Councillors are able to speak to the media in their capacity as individuals.  However, as a matter of courtesy, Councillors should advise Council’s General Manager and Community Engagement and Development Manager of any media dealings to ensure that a consistent message is conveyed to the public and to enable the Mayor and other Councillors to be informed.

The General Manager may delegate relevant staff to discuss specific issues and the Community Engagement and Development Manager to provide general comment on Council issues.

11.2 Media Releases

Council’s Community Engagement and Development Manager will be responsible for co-ordinating, preparing and distributing all media releases and advising of photographic opportunities and media briefings.

All media releases and other information provided to media organisations must be approved by the General Manager and where appropriate with the Mayor.

With the approval of the Mayor, the Councillor may be authorised to make a statement on a specific matter during a direct interview by electronic and print media representatives.

Where possible Council’s Community Engagement and Development Manager shall provide background and briefing notes to Councillors and employees being interviewed by the media and, when possible, be present during such interviews to provide assistance where needed.

With the approval of the Mayor, and where practicable, Council’s Community Engagement and Development Manager will contact relevant Councillors to appear in media photographs that relate to issues, programs or services pertaining to the relevant issue.

All media inquiries should be handled efficiently and courteously to preserve Council’s positive image while recognising the fact that media work to strict deadlines, which require prompt responses.

Any media release and comments made by an official spokesperson must accurately reflect the Council’s position, as adopted in Council’s minutes or included management plans, policies and strategies.

Councillors shall be provided with copies of all media releases at the time they are issued.

To ensure interaction with the media is co-ordinated effectively, all material prepared by Council’s departments for public distribution should be forwarded to Council’s Community Engagement and Development Manager to be edited for compliance and style prior to release.

11.3 Contact With The Media

Council officers contacted by the media should advise the Community Engagement and Development Manager by email or telephone, or refer the media representative to the Community Engagement and Development Manager. The Community Engagement and Development Manager is available for advice on any complex issues that needs to be discussed with the media. This will ensure a corporate, consistent and authorised view is presented.

Council employees may communicate with the media as private individuals provided:

·    They do not comment on Council business or policy;

·    They are not identified as Council employees;

·    Their comments are not perceived as representing Council’s official position or policy.

Council staff shall not engage in media activity which may be to the personal advantage or detriment of a Councillor.

During Local Government election campaigns, Councillors must ensure that their media comments are made as a candidate and are clearly distinguished from their role as a Councillor.

11.4 Letters to the Editor

Any Letters to the Editor or comments or replies on social media generated from within Cabonne Council, which are determined necessary to inform the community of a particular matter, are to be authorised by the General Manager and issued by the Community Engagement and Development Manager.

11.5 Public Speaking Roles

The Mayor shall be responsible for allocating public speaking roles at Council-organised events.  In the absence of the Mayor this shall be referred to the Deputy Mayor or General Manager to allocate.

11.6 Council’s Website

Council’s Community Engagement and Development Manager shall ensure that all media releases are posted on Cabonne Council’s website and that the website’s design and content are up to date and most effectively convey key information to the public.

11.7 Media Training

Council’s Community Engagement and Development Manager shall organise relevant media skills training as required for Councillors and relevant staff to ensure co-ordinated, coherent, professional, accurate and reliable presentation.

Council may organise any other appropriate media training.

11.8 Conclusion

Cabonne Council’s relationship with the media and their ability to convey information to the community is critical.

The protocols contained in this policy will assist in maximising a positive public image of Cabonne Council and the Shire.


Item 14 Ordinary Meeting 24 July 2018

Item 14 - Annexure 7

 

Cabonne Council CHSP

Policies and Procedures Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

10 July 2018

Author

CHSP Coordinator

Owner

(Relevant director)

Director of Finance & Corporate Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Draft

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

 

2 Summary

This document contains all policies and procedures relating to the operation of Cabonne Council’s CHSP Multi-Purpose Outlet

3 Approvals

Title

Date Approved

Signature

Director of Finance & Corporate Services

 

 

4 History

Minute No.

Summary of Changes

New Version Date

09/12/11-CS22/09

Adopted by Council

21 December 2009

13/09/30

Readopted by Council per s165(4)

17 September 2013

15/04/18

Readopted by Council per s165(4)

28 April 2015

 


 

5 Reason

To ensure that the Service operates according to CHSP Program Guidelines, the CHSP Program Manual, Service Description and Funding Agreements under the Home Care Standards and all relevant legislation.

6 Scope

Refer to Section 1- Service Management

7 Associated Legislation

8 Definitions

9 Responsibilities

9.1 GM

The General Manager is responsible for the overall control and implementation of the policy.

9.2 Directors and Managers

Directors and Managers are responsible for the control of the policy and procedures within their area of responsibility.

10 Related Documents

Document Name

Document Location

 

 

11 Policy Statements and Procedures

Table of Contents

Section 1 - Service Management 3

Section 2 – Service Users Service  Management 38

Section 3 – Principles for Service Delivery. 72

 


 

Section 1 - Service Management

Responsibility

The Service is responsible for the provision of:

·    high quality, responsive and individually planned services

·    services that are accessible and appropriate to the target population

·    services that are in response to relative need and assessment

Guidelines

The Cabonne Council will ensure that the service operates according to The Commonwealth Home Support Program Manual, Service Description and Funding Agreements under the Home Care Standards and all relevant legislation.

 

Statement of Purpose:

The purpose of the Cabonne Council CHSP Service is to help maintain the independence of frail older people, to assist them to remain living safely at home. Many of these older people would otherwise be at risk of premature or inappropriate admission to residential aged care.

 

Goal

 To support service users to live safely and independently in their own homes by:

·    Ensuring that the Service User remains the focus of the service

·    Providing and promoting coordinated, individualised, planned and high quality services

·    Developing services that respond to individual need and promote the independence and quality of life of the Service User.

·    To meet the Aims and Objectives of the CHSP:

a.   Provide a comprehensive, coordinated and integrated range of basic maintenance, support and care services for frail older people and their carers;

b.   Support these people to be more independent at home and in the community, thereby enhancing their quality of life and/or preventing or delaying their admission to long term residential care; and

c.   Provide flexible, timely services that respond to the needs of these people.

 

Objectives of the Service are to:

·    Ensure high quality service provision to members of the CHSP target population

·    Research consumer needs in order to develop appropriate services within the funding agreement

·    Maintain a formal assessment system

·    Work cooperatively with assessors and referrers

·    Employ qualified and experienced staff with the skills and knowledge to provide appropriate services and support to the target group.

·    Provide training and development to staff to ensure they have current and relevant skills and knowledge.

·    Recruit, train and retain volunteers

·    Promote the services throughout the Cabonne Local Government Area

·    Monitor and evaluate consumer satisfaction with services provided and utilise this information to inform service development and planning - within a Continuous Improvement approach to the service.

·    Liaise with relevant bodies i.e. Department of Health, New South Wales Meals on Wheels Association, New South Wales Neighbour Aid & Social Support Association, other CHSP funded and Health Services

 

Statement of Philosophy

The Cabonne Council CHSP Service supports the right of individuals to:

·    Make choices

·    Dignity, respect, privacy and confidentiality

·    Be valued as individuals

·    Access appropriate services on a non-discriminatory basis

·    Have accountable and responsive services available to the community

 

Outcomes

The desired outcomes for The Cabonne Council CHSP Services are that:

a)   Older people are supported to remain safely in their homes for as long as possible

b)   Family or other primary care givers are supported in their role

c)   The service operates in an effective, efficient, responsive and an accountable manner

 

Target Population (as defined by the Commonwealth Home Support Programme 2015)

·  frail older people with functional limitations as a result of moderate, severe and profound

disabilities; and

·  the unpaid carers of these frail older people. Older people are defined as people aged 65 years and over and Aboriginal and Torres Strait Islander people aged 50 years and over.

 

The target population is frail older people living in the community who, without the basic maintenance, support and care services provided under the CHSP Program, would be at risk of premature or inappropriate long-term residential care.

 

The CHSP target population also includes older people who might not have, or be able to access long term residential care for cultural or geographic reasons, such as Aboriginal and Torres Strait Islander people in isolated communities, or care leavers, including people from the Stolen Generation.


 

Policies and Procedures

1. Committees

a)    The service is managed by and is under the auspice of Cabonne Council. Cabonne Council has established Meals on Wheels Committees in Eugowra, Canowindra, Manildra and Yeoval in relation to the CHSP Services.

 

1.1 The Community Services Committee 

1.1.1 Legal responsibilities

Home Care Standards References: EO 1.1, EO 1.2

Policy:

Cabonne Council will ensure that:

a)   Cabonne Council CHSP Services operate in line with:

-     CHSP Funding Agreement

-     Service Description

-     CHSP Guidelines

-     CHSP Manual

-     Home Care Standards

b)   Staff employment agreements are complied with, that proper tax is deducted, and safe working conditions are provided

c)   Adequate insurance cover is provided

d)   The service operates within  all the relevant Australian, State and Local Government Laws and Regulations and Legislation

b)   Procedures:

·    Organisational structure and decision-making processes are documented clearly.

·    The Committee will be provided with regular reports from the Manager providing information relating to compliance with:

CHSP Funding Agreement

Service Description

CHSP Guidelines

Home Care Standards

WHS requirements

Insurances

Relevant Regulations and Legislation

1.1.2 Policy and Planning Responsibilities

Home Care Standards References: EO 1.1, EO 1.4, EO 1.5, and EO 1.6.

Policy:

Cabonne Council will ensure that:

a)   The policies and procedures are kept up to date and put into practice

b)   The Cabonne Council CHSP Services have clear goals

c)   High quality, effective and efficient services are available to service users

d)   The service meets the needs of those people most in need, including people from Aboriginal and/or Torres Strait Islander backgrounds, Culturally and Linguistically Diverse (CALD) backgrounds; special needs such as sensory loss or dementia.

 

Procedures:

·    Policies and Procedures are reviewed regularly.

·    The Community Services Committee will ensure that the service Coordinator establishes an audit program for the review of Policies and Procedures. The Corporate Calendar will identify the program of audits.

·    Other reviews of Policies and Procedures are triggered by:

Changes to Regulations and/or Legislation

Changes to Funding Agreement and/or Home Care Standards

Continuous Improvement processes identifying a gap in the Policies and Procedures.

An incident, accident, complaint or other event that identifies the need for changes to policy or procedures.

 

·    Goals of the service are reported annually by the service Coordinator to the Community Services Committee for discussion and/or review.

 

·    Annual review and evaluation processes will assess the service quality and efficiency and the number of service users with special needs who have been supported. These will include but not be limited to:

Service user surveys

Service user focus groups

Community consultations

Gathering of informal feedback

·    The Community Services Manager and the service Coordinator are responsible for ensuring that the data from these evaluations is collated, reviewed and utilised to improve service quality, plan for new services, amend policies and procedures and improve operations of the service.

·    The annual Continuous Improvement Plan will identify and describe the review and evaluation processes and the actions arising from these.

·    The Continuous Improvement Log will be used to detail day-to-day Continuous Improvement actions that are identified and completed in response to various opportunities including but not limited to: formal and informal feedback; complaints, compliments and suggestions; incidents and accidents; staff training.

·    The Community Services Manager and the service Coordinator will provide the Committee with regular reports on the operations of the CHSP services. These reports will include information on (see template for Report to Committee):

Compliance

Finances

Progress against the budget

Progress against the Strategic Plan

Risk Management

Quality Reporting issues

Service statistics

 

1.1.3 Participation in Planning

Home Care Standards references: EO 1.1, EO 1.4 and EO 1.5

Policy:

Cabonne Council will ensure that the planning and evaluation processes of the service include:

a)   Ongoing monitoring of the service

b)   Plans are developed and evaluated on an annual basis, including an annual strategic plan

c)   Input from service users, volunteers, staff and other stakeholders

d)   Consideration of service users and potential service users with special needs such as those from ATSI backgrounds, CALD backgrounds, people with sensory loss and people living with dementia.

e)   Unmet needs of the people from the service target group

f)    Regular reporting from the Coordinator

 

Procedures:

·    Ongoing monitoring and planning will involve:

·    Regular reporting processes to the Committee as detailed in 1.1.2 Policy and Planning responsibilities.

·    Annual review of the service statistics and the service user and stakeholder feedback results by the Committee.

·    The Community Services Manager and the Service Coordinator are required to provide the Committee with an annual report on the service statistics and the client and stakeholder feedback.

·    Consultations and other opportunities for feedback and input from the community and other stakeholders including representatives for people with special needs including but not limited to people with dementia, ATSI community, CALD communities.

·    The Committee will provide the Community Services Manager and the Service Coordinator with feedback on the current Strategic Plan prior to the Strategic Planning Day.

·    The Committee will provide support to the Community Services Manager and the Coordinator to undertake an annual Strategic Planning Day.

·    The Strategic Planning Day will include as many of the following people as possible: representatives of the Cabonne Council Community Services Committee; members of the Advisory Committee; representatives of Community Transport; consumer representatives; other stakeholders including the CHSP Development Officer and representatives from other service providers including those .

·    The service Coordinator’s regular report to the Committee will include progress against the Strategic Plan.

·    The Coordinator will complete an annual Corporate Calendar that details work to be completed for the year including tasks relating to the Strategic Plan.

·    Input from service users, volunteers, staff and stakeholders will be gathered informally and formally in a number of ways such as: surveys; focus groups; informal feedback; discussions; volunteer and staff meetings; client service reassessments.

·    The feedback will be collated, reviewed, analysed and the information will be used to inform the development of new services, the improvement of current services and the general operations of the service.

·    The Continuous Improvement Plan and Log will record and track continuous improvements including those arising from input from our stakeholders.

·    The demographic data and social planning data available to Council will be utilised to ensure the unmet needs of the target group are identified and understood.

·    The Community Services Committee and the Community Services Manager will assist the service Coordinator to analyse this information and use the data in the Strategic Planning processes and in the review of current services and the development of new services.

·    The service Coordinator will undertake regular re-assessment of service users to identify changing and/or unmet needs.

·    The service Coordinator will report to the Community Services Manager and the Community Services Committee regarding the identified unmet needs of the target group and strategies to address these needs.

·    The Coordinator will provide a regular report to the Community Services Committee and the Advisory Committee, addressing all the issues listed in the template for the Coordinator’s report.

·    The Coordinator will provide verbal reports to the Community Services Manager regarding issues that require attention before the next scheduled Committee meeting.

 

1.1.4 Financial

Home Care Standards references: EO 1.2 and EO 1.6

Policy:

Cabonne Council's financial responsibility is to make sure that:

a)   Expenditure is kept within budget

b)   Conditions of funding agreement are followed

c)   Funds are properly accounted for and an audit is conducted each year

d)   Audit is completed in time to be attached to the Annual Report, which is submitted to the funding body

e)   Unexpended funds are accounted for through the acquittal process

f)    Financial risk management policies are in place

Procedures:

·    The conditions of the Funding Agreement are reviewed annually by the Coordinator to ensure all conditions are being met.

·    The Coordinator will update the financial records to ensure funds are properly accounted for (at least 6 weekly).

·    The Community Services Committee will annually review the financial records of the service to ensure unexpended funds are accounted for through the acquittal process.

 

1.1.5 Staff

Home Care Standards References: EO 1.7

Policy:

Cabonne Council is responsible for:

a)   The recruitment of staff with appropriate qualifications, skills, experience and attributes.

b)   Upholding and meeting the requirements of the Equal Employment Opportunity Policy

c)   Adhering to WH&S requirements

d)   Providing staff with support, direction, supervision and appropriate training

 

Procedures:

·    The Human Resources Policies and Procedures of Cabonne Council apply to the employees and volunteers of the Cabonne Council CHSP Services.

·    The Coordinator has direct access to the Human Resources Manual of Cabonne Council.

·    The HR Department of Council will assist with implementing and executing these procedures where possible.

·    The recruitment of staff will adhere to the Council’s recruitment policy and procedures. This includes but is not limited to the identification of the relevant skills, qualifications, experience and personal attributes for each position in the service.

·    The Community Services Committee will ensure that the Job Description for the Coordinator is relevant and up-to-date.

·    The Coordinator will ensure that there are up-to-date job descriptions for each employee position.

·    The Community Services Manager will conduct (or arrange for an appropriate person to conduct) annual Performance Appraisals for the Coordinator.

·    The Coordinator will conduct annual Performance Appraisals for the employees of the service, or will arrange for an appropriate person to conduct the appraisals.

·    The Community Services Committee will ensure that Council’s Equal Employment Opportunity Policy is up-to-date and a current copy is available to the Service.

·    The Community Services Committee will ensure that the WHS Manual is regularly reviewed to ensure it meets all Legislative requirements.

·    An up-to-date copy of the Cabonne Council WHS policies will be provided to the Coordinator.

·    The Community Services Manager is responsible for advising staff at the service of the availability of WHS training through Council.

·    The Community Services Manager is responsible for ensuring that the Coordinator has appropriate and timely support, direction, supervision and training. This will be achieved by meeting regularly with the Coordinator; reviewing the Coordinator’s work plan and Corporate Calendar; conducting annual Performance Appraisals and providing the Coordinator with access to appropriate training to assist with building the capacity and the skills of the Coordinator.

 

Information Management Systems

Home Care Standards References: EO 1.3

 

Policy

Council will establish effective information management systems that ensure the safety, security and confidentiality of client and organisational records.

Council will ensure the service’s information management systems meet all Commonwealth, and state government law and policy operational requirements for record keeping.

Procedures:

·  The Coordinator will keep accurate records and accounts, including receipts, proof of purchase and invoices, to show how funding has been spent and how the services have been provided.

·  The Coordinator will maintain up-to-date and accurate records detailing services provided, outcomes achieved and Service User details;

·  The Coordinator is responsible for ensuring that data reporting obligations under the CHSP MDS are fulfilled (see Corporate Calendar);

·     All Service User related information and files (both paper and electronic) are securely stored in locked cabinets and, in the case of electronic files, with password protection to ensure that access is only permitted to those with the appropriate level of authority.

·  Regular file back-up is conducted by Cabonne Council at 5pm every Monday and the back-up storage is securely located offsite.

·  Service User records are kept for a minimum period of seven years following the cessation of service delivery;

·  Records of business operations, including financial transactions, for a minimum period of seven years.

·  The Coordinator is responsible for maintaining and securing accurate case notes on all Service Users. These service user case notes include but are not limited to: Service User name and contact details; Carer or other contact person; assessment form; re-assessment form; care plan or support plan; consent to share information; emergency plan; ‘no response’ plan.

·  The Coordinator ensures that an annual check of service user records is undertaken to ensure that all information is up-to-date. This usually occurs at the time of re-assessment, but may also occur as part of an internal audit of client records.

 

 

 

Continuous Improvement

Home Care Standards references: EO 1.5

Policy:

The Cabonne CHSP Services actively pursues continuous improvement in all aspects of service management and delivery. Continuous improvement is integral to ensuring that the changing needs of service users are met with quality, responsive and individualised services. The service has systems in place to demonstrate quality improvements.

 

Procedures:

·    The Coordinator will develop an annual Continuous Improvement Plan (see template for Continuous Improvement Plan).

·    The Coordinator will consult with management, staff and volunteers in the development and review of the Continuous Improvement Plan.

·    The Continuous Improvement Plan will be presented to the Advisory Committee and the Community Services Committee for comment and approval.

·    The Coordinator will regularly report to the Advisory Committee and the Community Services Committee on progress against the Continuous Improvement Plan.

·    All employees and volunteers of the service are encouraged to contribute to continuous improvement activities of the service.

·    The Continuous Improvement Log (see template for Continuous Improvement Log) will be used to record identified opportunities for continuous improvement activities in the day-to-day operations of the service.

·    The Continuous Improvement Log will record the date the improvement was identified; priority; the issue; strategies/actions; the person responsible and the date the actions are completed.

·    The Continuous Improvement Log is accessible to all staff that are expected to identify and record continuous improvement opportunities and strategies for addressing these.

·    The Coordinator regularly checks the Continuous Improvement Log (at least monthly) to monitor continuous improvement and to ensure that appropriate actions are taken and that the relevant policies and procedures are amended to reflect any changes.

·    The Coordinator is responsible for ensuring that ongoing consultation occurs with stakeholders including service users, management, staff, volunteers and the wider community.

·    Consultations will occur in various formats to ensure that many views and experiences of stakeholders are collected. These may include but are not limited to focus groups; surveys; informal comments and discussions; networking meetings; casual comments and feedback from service users and carers and public meetings.

·    The Cabonne CHSP Service welcomes and encourages stakeholders to feel safe to provide feedback on the service. 

·    Service users and their representatives, management, staff, volunteers, suppliers and other stakeholders are given information about how to make a complaint and how to provide suggestions and feedback to the service.

·    Complaints are recorded on the Complaint Form, which is stored in the Feedback folder. The issues in the complaint are identified, actions taken and recorded and the person making the complaint is advised of the actions taken.

·    The Complaints Register summarises all complaints and records the date of closure and the date any related continuous improvement actions are completed. The Complaints register located in the feedback folder.

·    The Coordinator regularly monitors the Feedback Folder (at least monthly) and ensures that complaints are resolved promptly, appropriate actions are taken and recorded and that the person making the complaint is advised of the outcome.

·    The Coordinator evaluates the outcomes of the feedback as part of the monitoring process.

·    The Coordinator reports regularly (see Coordinator’s Report template) to the Advisory Committee and the Community Services Committee on feedback (complaints, compliments and suggestions)

·    The continuous improvement processes of the Cabonne CHSP Service include collection, collation and analysis of information, undertaking appropriate actions, and evaluation of these actions.

·    The monitoring processes include, but are not limited to: (see Corporate Calendar)

Internal audits of feedback (complaints, satisfaction surveys etc)

Internal audits of operations

Review of the Risk Management Plan

Review of the Continuous Improvement Plan

Review of Accidents and Incidents Register

Review of Policies and Procedures

·    The Coordinator ensures that feedback on implemented improvements is given to service users and their representatives, staff, volunteers, management and other stakeholders. This may occur through reports; newsletters; memos; training; noticeboards.

 

 

Risk Management

Home Care Standards References: EO 1.6

Policy:

The Cabonne CHSP Services are actively working to identify and address potential risk, to ensure the safety of service users, staff and the organisation.

Procedures:

·    The Coordinator (in conjunction with the Community Services Manager) is responsible for the development of a Risk Management Plan.

·    The Risk Management Plan includes but is not limited to: Date identified; Identified risk; Impact; Likelihood; Consequences; Risk Rating; Strategies to minimise or remove the risk; Person Responsible; and Date actions are completed.

·    The Risk Management Plan is reviewed and updated annually by the Coordinator

·    The Continuous Improvement Log is used to record any identified potential or real risks, the actions taken to minimise or prevent these risks, the person responsible for the actions and the dates the actions are completed. The possible triggers for identifying risks include, but are not limited to the following: Accident / incident; complaint; other feedback; near miss; changing service user needs.

·    The ongoing identification of risks occurs in a number of ways including but not limited to: regular internal audits; Home Environment Assessments; reviews of risk management processes; during staff/volunteer meetings.

·    The Coordinator and the Community Services Manager consider risk management issues as part of the regular meeting discussion topics.

·    Risk Management issues are discussed at staff/volunteer meetings.

·    The Coordinator encourages staff and volunteers to actively identify risks, to take a preventative approach and to participate in risk management practices including but not limited to reporting / recording identified risks and taking actions to minimise the risks.

 

 

 

 

1.1.6 Other

Policy:

Cabonne Council is responsible for:

a)   Dealing with service issues and problems as they arise and to provide necessary support and assistance

Procedures:

·    The Coordinator has several avenues for raising service issues and problems with the Council. These include:

Via the Coordinator’s report

During meetings with the Community Services Manager

1.1.7 Meetings

Council meetings are held:

a)   Community Services Meetings on the first Tuesday of each month

b)   General Council meetings on the third Tuesday of each month

c)     

1.2 Local Meals on Wheels Committees are responsible for:

a)   Organising the delivery of hot meals in their own area

 

 

 

2 Planning And Evaluation

d)   Policy:

e)    Council has a commitment to ongoing planning and evaluation of the service to ensure that the needs of the target group are met as effectively and efficiently as possible and that the service description schedule is followed.

f)      

g)    Council will ensure that the Cabonne CHSP Service is actively involved in planning processes for the local community as well as broader regional planning processes.

h)     

i)      Procedures:

j)       

2.1 Cabonne CHSP Service will be represented at any NSW Department of Health Planning Sessions for the Cabonne Local Government Area or for the Central West Region.

2.2

a)   An Annual Service Planning Day will be held to review and amend the current Strategic Plan or to develop a new Strategic Plan.

b)   The Coordinator, in conjunction with the Community Services Manager will develop an Operational Plan in response to the priorities and strategies identified in the Strategic Plan.

c)   Agenda for the Planning Day may include, but is not limited to the following:

1. Review and progress report on the previous plan

2. Brief review of the Service Description Schedule, Service Agreement, Service Guidelines and the Home Care Standards

3. An overview of the CHSP populations and the group serviced by the Cabonne CHSP Services including:

·    Data gathered from service users and/or volunteer surveys

·    Summary of feedback (complaints, compliments and suggestions including a summary of the issues, actions and evaluation of outcomes)

·    Service data including units of service currently funded and /or provided

·    Gap analysis ( identified unmet need, unmet outputs, analysis for unmet outputs, recommendations for strategies to address these issues)

·    Demographic data for the community

·    Information on special needs groups and identified needs

·    Number of and description of service users

4. Overview of other services in the area:

·    Location

·    Services provided

 

5. Identification of any duplication, gaps or unmet needs

6. Categorization and prioritisation of plans and strategies for the next year

7. Review of current policies

8. Review of communication strategy including but not limited to newsletter content.

9.Review of adequacy of volunteer numbers, strategies for succession planning and ensuring ongoing volunteer support.

 

2.3 The Coordinator will present a mid-year report on the Strategic Plan and the Operational Plan to the Community Services Committee to enable the Committees to review, monitor and revise the Plans.

2.4 The Coordinator is responsible for the development, implementation and monitoring of the Strategic Plan and Operational Plan.

·    The plan will include Key Result Areas, priorities, strategies, actions, the person responsible for the actions and the time frames.

·    Progress against the Strategic Plan will be monitored by the Coordinator and reported to the Community Services Committee.

3. Volunteer Management

Policy:

The Cabonne CHSP Service recognises the valuable contribution made by volunteers to the service and the community. The Cabonne CHSP Service actively encourages the participation of volunteers. Volunteers will not be used to replace paid workers in the service.

The benefits of volunteer participation in the service include:

 

·    Enabling volunteers to contribute to their community

·    Encouraging the growth of social capital

·    Enhancing the range of services available

·    Ensuring community participation in the service

 

3.1 Volunteer Roles

a)   Information describing the roles of Volunteers and Volunteer Job Descriptions will be kept in the Volunteer folder.

b)   All Volunteers will be provided with a Volunteer Information Pack which includes but is not limited to:

·    Volunteer handbook

·    Written copy of Role of Volunteers

·    Copy of Job Description

·    Copy of Volunteer Agreement for signing

·    Copy of Confidentiality Agreement for signing

·    Service User Rights and responsibilities

·    Code of conduct

·    Volunteer Rights and Responsibilities

·    WHS responsibilities

·    A record and claim form

·    Copy of newsletter

 

c)   Designated volunteers and volunteers who give an average of six or more direct service hours per month will be subject to an annual appraisal process

d)   Volunteer appraisal will take place annually. This will ensure:

·    That volunteers are receiving adequate support and training for their role

·    That the position is being carried out effectively and efficiently

e)   Volunteers who give less than six hours per month will receive support and information as needed, through the newsletter and at information sessions

 

 

3.2 Volunteer Training

a)   All new Volunteers will participate in an Orientation Program before commencing work.

b)   The Coordinator will conduct the Volunteer Orientation program.

c)   The Volunteer Orientation program will include but not be limited to:

i.    Meeting the employees and volunteers of the service

ii.    An introduction to the Philosophy and Goals of the service

iii.   A summary of the services provided to the community

iv.  General information about eligibility for the service, target group, service user assessment, and home safety assessment.

v.   Information about service user Rights and Responsibilities including privacy and confidentiality

vi.  Information on the Feedback Management process (including complaints, compliments and suggestions)

vii.  Copy of Volunteer Handbook

viii. Access to the Policies and Procedures Manual

ix.  WHS information (risk management processes, working alone procedures; accidents and incidents reporting; manual handling; infection control; food safety procedures)

x.   Days and times of work

 

d)   On-the-job training is made available to all new volunteers following Orientation.  This involves providing appropriate written material, and arranging for one-on-one training between an experienced volunteer or staff member and the new recruit.  This one-on-one training continues until such a time as the new volunteer feels confident enough to carry out the task/job alone. All volunteers will receive the service WHS booklet with other service information at time of orientation.

e)   Off-site training such as workshops that are held periodically within the Cabonne LGA will be offered to volunteers as appropriate.  Topics for these workshops will be negotiated with volunteers and set on an annual basis.

f)    The Coordinator will use a number of methods to identify the training needs of volunteers. These may include but are not limited to, training needs analysis; changes in service user needs; identified skills gap; discussions at Volunteer meetings; Identification of training needs at annual appraisal meetings.

g)   All volunteers are expected to attend the compulsory training. (see list of compulsory training topics in Training folder)

h)   All volunteers are encouraged to attend additional training sessions and workshops that are applicable to their position. Training will be provided on a number of topics depending upon identified gaps in skills and knowledge; changes in service user needs; specialist training available; new approaches to service provision and core training needs of the service. The topics may include but are not limited to:

·    Back care

·    Manual Handling

·    Stress management

·    Use of the hands free car phone

·    Safe food handling

·    Lone worker safety

·    Grief & Loss

 

·    Keeping safe while on the job

·    Dementia

·    Confidentiality and privacy

·    Communicable Diseases

·    Basic First Aid

·    Person centred care

·    An enabling approach

·    Consumer Directed care

i)    All volunteers will sign the Training Attendance Sheet and this will be noted on the Training Register and in volunteer files.

j)    All volunteers will complete a Training Feedback Form. (see Appendix)

k)   All training sessions are free for CHSP volunteers. The sessions will include free morning/afternoon teas or lunch. Accredited trainers or those with the relevant skills and knowledge will present the training sessions or workshops. Where relevant, certificates will be awarded for attendance and participation.

l)    All Volunteers receive a newsletter bimonthly

m)  International Volunteers Day is recognised every year 

 

 

3.3 Volunteer Safety

a)   The Cabonne Council CHSP Service, because of the nature of the area and the funding, recognises that volunteer staff will be required, at times, to work alone and this may expose them to potential risks. The following risk management procedures have been developed to protect volunteers and to minimise the risks when working alone.

b)   WHS Home Safety Check will be conducted on all service users’ homes, and a WHS Venue Safety Checklist will be conducted for all activity venues and locations

c)   Volunteers will be informed of any identified risks/safety issues associated with their work

d)   Volunteers will not work alone in situations of known risk

e)   A mobile phone will be available to volunteers who use the service vehicles

f)    Service vehicles will be serviced regularly to minimise risk of breakdown.

g)   Volunteers are instructed to lock vehicle doors in situations of risk when they are in the vehicle.

h)   Following service user visits, volunteers will report any identified risks/safety issues to the CHSP Staff. These issues will be referred to the Coordinator, recorded in the Risk Register, discussed at the next staff meeting and appropriate actions taken to minimise or eliminate the risk.

i)    The Coordinator will ensure that these actions to minimise the risks are evaluated and the relevant Policies and Procedures are amended.

j)    All volunteers will receive the service WHS Booklet with other service information at the time of orientation or before the volunteer commences work with the service.

k)   In the event of the death or hospitalisation of a service user, volunteers who have been involved with the support of that client will be informed of the situation.

l)    The Coordinator will ensure that appropriate support is available to these volunteers if required.

3.4 Volunteer Recruitment Procedure.

The process used for volunteer recruitment is as follows:

a)   Requests for volunteers will be widely advertised in the community, amongst various groups and within the cultural communities of our service users.

b)   Interested volunteers will complete a Volunteer Application Form (see Appendix)

c)   The Coordinator, or an authorised staff member will conduct an interview. The interview will include the following areas:

Name, address, telephone number

Cultural background

Languages spoken other than English

Areas of interest

Particular skills, talent and/or experience

The type of work that the person would like and is able to do

Any physical/mobility/health restrictions that might affect the type of volunteer work the person can undertake

The service’s expectations of volunteers:

§ Service Users’ rights and responsibilities will be respected, especially confidentiality and privacy

§ A cooperative approach

§ Honesty

§ Sensitivity to the service users’ needs, preferences and choices

§ Good communication skills

§ Good team worker

§ Punctuality

§ Clean and tidy appearance

Times available

Explanation of the procedure for reimbursement of out-of-pocket expenses

The Coordinator must sight the volunteer’s drivers licence, insurance and vehicle registration if applicable to the position

Police check application forms

d)   Referees will be contacted for supporting evidence

e)   Police check forms will be processed

f)    The Coordinator will advise the applicant of the result of the police check and his/her acceptance or non-acceptance as a volunteer in the service

g)   If the volunteer's application is rejected, they may ask for feedback. The Coordinator’s feedback will be based upon the abilities, experience, qualifications and skills relevant to the position applied for.

h)   If the application is accepted the volunteer will be given a Volunteer Information Pack (see 3.1b).

i)    The volunteer will be given sufficient time to read the information and ask questions.

j)    Where possible, the Coordinator will match the volunteer with the needs, interests and attributes of the service user

3.5 Grievance Procedure.

Volunteers will follow the same procedure for employee grievances as is described in the Council’s Human Resources Manual, page 44 Employee Grievance Handling. The Volunteer Handbook summarises this procedure.

3.6 Volunteer's Rights and Responsibilities.

(From The Centre for Volunteering website: http://www.volunteering.com.au/become_a_volunteer/rights_responsibilities.asp)

Volunteer Rights

Both volunteers and the organisations they work with have rights and responsibilities. Volunteers are engaged to perform a specific job and the organisation agrees to provide the volunteer with a worthwhile and rewarding experience. In return, each has the right to some basic expectations of the other.

Volunteers have the right to:

Be treated as co-workers. This includes job descriptions and adherence to the requirements of: Equal Employment Opportunity, Work Health & Safety, anti-discrimination legislation and organisational grievance processes.

Be asked for their permission before any job-related reference, police or other checks are conducted.

A job or task worthwhile to them, for no more than 16 hours a week on a regular basis in one role.

Know the purpose and "ground rules" of the organisation.

Appropriate orientation and training for the job.

Be kept informed of organisational changes and the reasons for the changes.

A place to work and suitable tools for the job.

Reimbursement of agreed expenses.

Be heard and make suggestions.

Personal accident insurance (in place of workers compensation insurance).

A verbal reference or statement of service, if appropriate.

 

Organisations have the right to:

Receive as much effort and service from a volunteer as a paid worker, even on a short-term basis.

To select the best volunteer for the job by interviewing and screening all applicants. This might include reference and police checks.

Expect volunteers to adhere to their job descriptions/outlines and the organisation's code of practice.

Expect volunteers to undertake training provided for them and observe safety rules.

Make the decision regarding the best placement of a volunteer.

Express opinions about poor volunteer effort in a diplomatic way.

Expect loyalty to the organisation and only accept constructive criticism.

Expect clear and open communication from the volunteer.

Negotiate work assignments.

Release volunteers under certain circumstances.

 

Volunteer Responsibilities:

Volunteers have the responsibility to:

Maintain confidentiality

Value the rights of the employees and users of the service

Discuss any concerns about their job with CHSP staff or a delegated committee member

Participate in appropriate information sessions, training and support activities        

Follow the appropriate Job Description or negotiate changes with the Coordinator

Submit claims and statistics in a timely manner

 

3.7 Money Handling Procedures for Volunteers

a)   When handling money all volunteers will count the money and sign the run sheet

b)   All money received from service users will be receipted and the receipt given to the service user or carer

c)   All money received from service users at Community Restaurants and/or Social Gatherings by a volunteer is accounted in full view of the service user

d)   When money is returned to the office, a staff member will count the money and sign off

e)   When shopping with service users, all purchases will be the responsibility of the service user

 

3.8 Volunteer Insurance

The service has an insurance policy, which covers all volunteers for any injury they may sustain in the performance of their duties.


 

4 Staff Management

Policy:

The Cabonne Shire CHSP Service is committed to active staff management processes that ensure the workforce is skilled, well supported and committed to the provision of quality services for our service users.

Staff Management procedures are detailed in the Council Human Resource Manual. Some policies are endorsed by Council to augment present policies and to adhere to funding body (Department of Social Services) requirements.

 

Procedures:

Staff Accountability

4.1 New Staff Orientation

a)   All new staff will receive orientation to their position. This will include but is not limited to: Job Description; job specific information; location of relevant resources; position of work station; information regarding relevant work procedures, use of computer, access to shared drive, security procedures and office procedures/practices; introduction to other staff; tour of staff facilities; Staff Handbook; access to the Policies and Procedures Manual; access to the WHS Manual; discussion of WHS issues relevant to the position.

b)   The new staff member in consultation with her/his immediate supervisor will work through the CHSP Orientation checklist.

4.2 Gifts

a)   The CHSP Service recognises that making a contribution to others can enhance an older person’s self-esteem. A legitimate form of this can be the giving of home grown fruit or vegetables or small gifts to CHSP volunteers or employees.

b)   The CHSP Service recognises the importance of not exploiting or abusing the generosity of service users. With this in mind, employees and volunteers may only accept gifts that have little monetary value.

c)   All employees and volunteers will abide by Council’s Code of Conduct.

d)   Employees and volunteers will not accept gifts that may be perceived as being offered with the intent of influencing service provision.

e)   Volunteers and employees of the CHSP Service may accept small gifts on an occasional basis of value up to $25. Gifts over this amount may not be accepted without consultation with and approval by Council

f)    Staff and Volunteers of the CHSP Service may not purchase goods from service users at less than market value

4.3 Trauma Support for Staff

The CHSP Service is committed to the provision of information, training and on-going support of employees and volunteers who, during the course of their work encounter traumatic situations involving service users and/or carers. These situations may include but not be limited to physical, verbal or emotional abuse of service user and/or carer; witnessing of, or involvement in, an adverse event or accident; a natural disaster and death of a service user and/or carer.

The service will:

a)   Inform all employees and volunteers of the policy and procedures to be followed in traumatic situations involving service users and/or carers

b)   Make a copy of the policy available to all staff on request

c)   Ensure training that is appropriate to the position is available to all staff

d)   Offer ongoing support, supervision and debriefing to all staff who have encountered traumatic situations.

e)   The need for support will vary from case to case and it is the responsibility of the         Coordinator, in consultation with Council’s Human Resources Department to negotiate and implement a suitable method with the staff member affected by the traumatic event.

The Coordinator, or another person(s) chosen by the person affected by the traumatic event may provide the support. This may include, but is not limited to another staff member; the Community Services Manager, or another colleague. Offered supervision, debriefing and support may include any or all of the actions below.

a)   Discussing the problems and issues relating to the case in a climate of trust and confidentiality

b)   Sharing some of the frustrations and concerns relating to the case with

c)   Evaluating the nature and quality of service input into the case

d)   Determining the progress of the case to date and exploring future directions

e)   Deciding future directions

f)    Learning and sharing new ideas, skills and techniques for dealing with abuse of service users or their carers

g)   Deciding how to continually develop and improve the service’s response to abuse

h)   Setting in place stress management techniques if required

i)    Offering professional counselling if this is a perceived need of the staff member.

 

It is the responsibility of the Cabonne Council Community Services Manager to negotiate and implement a suitable support method if the Coordinator is the affected staff member.

4.4 Staff Protection

k)    The Cabonne Council CHSP Service, because of the nature of the area and the funding, recognises that employees will be required, at times, to work alone and this may expose them to potential risks. The following risk management procedures have been developed to protect staff and to minimise the risks when working alone.

a)   WHS Home Safety Check / WHS Venue Safety Checklist & Venue Risk Assessment Check will be conducted on all service user homes and all activity venues and locations.

b)   Safety audits of the workplace will regularly be undertaken

c)   Staff will be informed of any identified risks/safety issues associated with their work

d)   Staff will not work alone in situations of known risk

e)   A mobile phone will be available to staff who travel alone in the course of their work

f)    Service vehicles will be serviced regularly to minimise risk of breakdown.

g)   Staff are instructed to lock vehicle doors in situations of risk when they are in the vehicle.

h)  Following service user visits or activities, staff will report any identified risks/safety issues to the Coordinator. These issues will be recorded in the Risk Register, discussed at the next staff meeting and appropriate actions taken to minimise or eliminate the risk.

i)    The Coordinator will ensure that these actions to minimise the risks are evaluated and the relevant Policies and Procedures are amended.

j)    All staff will receive the service WHS Booklet with other service information at the time of orientation or before the staff member commences work with the service.

k)   Where an employee is working alone on the premises the following will apply:

i.    Where possible doors will be locked

ii.    The phone will be clearly labelled with emergency contact numbers

iii.   Where possible staff will avoid working after dark

iv.  Where possible staff will avoid entering or leaving the premises after dark

v.   Where this is not possible, strong exterior sensor lights will be activated to light the car park and rear door

vi.  Cars will be parked as near as possible to lighting

 

4.5 Purchasing

a)   All purchasing of equipment will be in accordance with the Local Government Act and in harmony with the current CHSP Service Outlet Budget.

b)   Payments of accounts due ie Volunteer Reimbursements are made by the completion of a requisition through Council’s accounting system Synergysoft

c)   Payments under $30.00 can be made using the Petty Cash system maintained by the CHSP Administration Officer

d)   Purchase of equipment or goods over $30.00 is made by using Council’s accounting system Synergysoft

e)   Regular orders ie Frozen Meals are made by CHSP Staff by completing a requisition

f)    All equipment over the value of $1,000.00 will have an asset number allotted prior to purchase

g)   Purchase of equipment or goods will be in compliance with Council’s Policy

 

4.6. Code of Behaviour for All Staff (Employees and Volunteers)

All staff will follow the Council’s Code of Behaviour as set down in the Council Policies and Procedures Manual.

All employees and volunteers are provided with a copy of the Council’s Code of Behaviour when they commence work with the service.

5. Insurance

Policy:

The CHSP Service Outlet will comply with all legal requirements with respect to insurance.

 

Procedures:

a)   Insurance will include as a minimum:

                        Public liability for $10,000,000

                        Property- fire

                        Contents- theft

                        Volunteer insurance- personal accident

                        Vehicle insurance

                        Professional indemnity

b)   Insurance is through the Community Related Insurance and Superannuation Program

c)   All paid staff will be insured through the Council's insurance policy

d)   All insurance policies will be kept on file with Cabonne Council.

6. Students

Policy:

Welfare (or other relevant courses/faculties) students are welcome to view the operations of the CHSP services when deemed appropriate by the Coordinator.

Students on placement must be covered by the appropriate insurance by their University, TAFE or other educational institution.

6.1 Students from relevant faculties/courses (eg welfare; aged care; community services) can apply to access quality workplace training with this organisation.

When the educational institution contacts the Coordinator regarding student placement, the following process will be followed:

a)   The student will be interviewed by the Coordinator to determine suitability

b)   The Coordinator will contact the educational institution regarding the decision of whether or not to accept the student for placement

c)   If the decision is not to accept the student, an explanation will be given to the student and the educational institution

d)   If a student is accepted for a student placement with the service, the following steps will be taken:

i.    The student will be informed of the starting date and time.

ii.    The Coordinator (or another delegated staff member) will provide an Orientation Program before the student commences work. This Orientation Program is consistent with the Volunteer Orientation Program (see 3.2)

iii.   The Rights and Responsibilities of volunteers will also apply to students (see 3.6)

iv.  The student will adhere to the standards set in this service

e)   An Information Pack will be given to the student. The contents of the Information Pack will include but is not limited to:

i.    Volunteer handbook

ii.    Copy of Confidentiality Agreement for signing

iii.   Service User Rights and Responsibilities

iv.  Code of conduct

v.   Volunteer Rights and Responsibilities

vi.  Information on accessing the Policies and Procedures

vii.  WHS responsibilities

viii. Copy of newsletter

f)    The student and the service will enter into and sign a learning contract

g)   A student work plan will be formulated from the learning contract

h)   The student will be allocated tasks, supported and supervised by the Coordinator in the performance of those tasks

i)    The Coordinator, the student and a representative of the educational institution will complete a mid-term assessment.

j)    The student work plan will be modified if required after the assessment

k)   The Coordinator will complete a final assessment which will be submitted to the educational institution.

l)    Should the student perform well, then a letter of reference will be written by the Coordinator and given to the student. All appropriate and approved expenses incurred while engaged in workplace training will be reimbursed

e)   Training may be terminated if the student does not comply with the learning contract and plan or if he/she contravenes the Code of Conduct.

f)    The student will sign an agreement to adhere to these procedures.

 

7. Work Health and Safety

Policy:

The Cabonne Council CHSP Service is committed to providing a safe and positive working environment for its staff (employees and volunteers), acknowledging that staff wellbeing is a major factor in enabling them to perform their duties to the best of their ability. It is recognised that the service has a responsibility to provide safe working conditions and work practices.

 

The Cabonne Council WHS Manual applies to the Cabonne Council CHSP Service. A copy of the Council WHS Manual is located at the CHSP Service office.

 

All employees and volunteers are provided with training in WHS and are given access to the WHS Manual.

 

The CHSP Service is covered by Council’s WHS Policy with the following expansions:

7.1  First Aid

a)   A First Aid Kit is located in the bottom locker in the Coordinators office

b)   A First Aid Kit is located in the glove compartment of each service vehicle

c)   The Coordinator will appoint a staff member to be responsible in ensuring the First Aid Kits are properly maintained

d)   The Register of Injuries is kept near the office First Aid Kit

e)   All Injuries or incidents will be recorded and dealt with according to Council’s policy

f)    All paid staff will hold a current Senior First Aid Certificate

g)   Accidents and Incidents will be recorded in the Accident and Injury file. The outcomes of these events will be recorded and actions taken to avoid recurrence will be noted.

h)   The Coordinator will regularly review the Accident and Injury file to ensure that relevant issues have also been recorded in the Continuous Improvement Log for actions and appropriate review of Policies and procedures.

i)    The Coordinator will report on Accidents and Injuries as part of the Risk Management and Continuous Improvement reporting to the Community Services Committee. This data will also be reviewed at the Annual Planning Meeting to inform future Risk Management Plans and Continuous Improvement Plans.

j)    Should a trend in accidents, injuries or risks be identified, the Coordinator will, in consultation with the Council Risk Officer ensure appropriate measures are taken to prevent recurrence or to minimise the risk. The relevant Polices and Procedures will be amended and employees and volunteers advised and educated in relation to these changes.

 

7.2 Immunizations.

All staff (employees and volunteers) will be offered immunization against the current influenza virus

7.3 Staff Protection.

The Cabonne Council CHSP Service will have appropriate procedures in place to ensure the workplace is safe for staff (employees and volunteers). (See 4.4)

7.4 Keys

a)   All keys allocated will be recorded in a register which lists date of issue, to whom and when returned.

b)   The number of keys issued will be kept to a minimum.

c)   Personnel leaving the service must return all keys. If this does not occur, the locks will be changed.

d)   All keys must be kept in a secure place.

 

7.5 Cash and Valuables

a)   All cash and valuables are to be kept at a minimum at the Cabonne CHSP site

b)   All cash and valuables that are kept on site will be locked in a secure place

c)   Personnel will be discouraged from bringing large amounts of cash and valuables to the Cabonne CHSP site

d)   A sign stating, “No cash kept on premises” will be displayed

e)   Monies will be banked frequently

f)    Cash should be counted in a secure place out of sight

g)   Staff should not take cash home unless permission is given by their supervisor

 

7.6 Staff and Volunteer Phone Numbers

All staff (employees and volunteers) are not to give out their private (home and/or mobile) phone numbers to service users.

 

7.7 Client Home Safety Check

a)   At the time of conducting the service user assessment, the Coordinator will also complete the WHS Home Safety Check.

b)   The completed WHS Home Safety Check and the Risk Indicator Chart will be used to calculate risk for staff (employees and volunteers) when they are attending the service user’s home.

c)   The Coordinator will prioritise and undertake appropriate actions (based upon the calculated Risk Category) to minimise or remove the identified risk. These actions will be recorded in the service users’ file and also in the Risk Log and the Continuous Improvement Log if appropriate.

d)   The Coordinator will ensure that the Continuous Improvement actions include revision of the relevant Policies and Procedures and advising and educating employees and volunteers regarding any changes.

7.8 Serious Incidents

 

Policy:

 

Cabonne Shire CHSP Service has a commitment to minimise the risk of harm to service users and staff members from:

i.  the CHSP services they deliver; and

ii. the environment in which they deliver CHSP services.

If a serious incident does occur during or as a result of service delivery, staff (employees and volunteers) must respond appropriately (as detailed in the Procedures below).

 

The Cabonne CHSP Service will have procedures in place to ensure that the appropriate people and organisations are notified of any serious incident.

 

 A serious incident is an incident that occurs as a result of, or during, the delivery of CHSP services, and includes:

i.  the unexpected death of a service user, staff member, subcontractor or volunteer;

ii. a serious injury to a service user, staff member, subcontractor or volunteer;

iii.   allegations of conduct that may result in death, harm or injury, made in relation to a service provider’s organisation, staff, subcontractors or volunteers;

iv.  allegations of unlawful or criminal activity, made in relation to a service provider’s organisation, staff, subcontractors or volunteers; and

v.   a serious fire, natural disaster, accident or other incident which will or is likely to prevent service provision, or which results in closure or significant damage to premises or property, or which poses a significant threat to the health and safety of service users, staff, subcontractors or volunteers.

 

Procedures:

7.8.1

If a serious incident occurs as a result of, or during, the delivery of CHSP services, staff must:

a)   Respond to the immediate needs of the individual

b)   Re-establish a safe environment;

c)   Immediately advise the Coordinator or most senior staff member available

d)   The Coordinator will advise the staff member of further actions to be taken eg Call 000 or the Police

e)   The Coordinator is responsible to immediately notify the Department of Social Services in writing. The Coordinator must make this notice to the Department within 24 hours of the incident occurring or within 24 hours of the Coordinator becoming aware of the incident.

f)    The Coordinator will document the incident in the client file.

g)   The Coordinator will also record the incident in the Accident and Incident register and log the details in the Risk Register if there is potential for recurrence.

h)   Actions, outcomes and any amendments to Policies and Procedures will be recorded in the Continuous Improvement Log.

i)    Staff (employees and volunteers) will be advised of any changes to procedures and relevant education provided.

 

(Also refer to this requirement being set out in clause 35 of the Aged Care Funding Agreement. In addition, the specific requirements for notices made under the Aged Care Funding Agreement are set out in clause 50.)

 

7.8.2 Death of a Client

Procedure:

a)   If staff (employee or volunteer) of the CHSP Service are the first on the scene of the death of a service user, they will:

i.    Call 000 and report the death to the Police

ii.    Do not move, or even touch the service user

iii.   Notify the office on 63 441 199

iv.  Wait for the police or ambulance to arrive

v.   Office staff will then organise someone to take over any further work duties the staff member involved may have (ie other service user appointments, delivering meals, library book delivery)

vi.  Staff are expected to assist police with inquiries if required

b)   At all times the decisions of the bereaved family will be respected as will any cultural or religious beliefs and practices of the service user and/or his or her family.

 

b)   The Coordinator (in consultation with the Community Services Manager) will assess whether this event requires notification to the Department of Social Services as a ‘serious incident’. If so, the Coordinator will notify the Department within 24 hours of the event occurring or within 24 hours of the Coordinator being made aware of the incident.

c)   Following the incident:

i.    The Staff member (employee or volunteer) and Coordinator will write an incident report or, if the incident takes place outside of Canowindra the volunteer will contact the Health Centre, the hospital or the committee member who represents the town where the incident occurred. In this instance these two people will write a report of the incident and send it to the CHSP office as soon as possible.   In all cases the Coordinator or most senior staff member at the CHSP office should be notified.

ii.    The incident report will then be forwarded to Council on the day it is received

iii.   As with any traumatic incident, informal debriefing or formal counselling will be offered to the staff member involved

iv.  The staff member involved may be assisted or supported to attend the funeral if this is the wish of the staff member.

 

7.8.3 Support for staff following a serious incident

a)   Following the death of a service user, bereavement support will be offered to the staff involved. Support from a bereavement counselling service will be sought if necessary.

b)   Carers who receive support from the Cabonne CHSP Services will not be denied service provision because the service user has died or has moved into residential aged care. Carers will receive support during the grieving period and assisted to find ongoing support services if required.

 

8. Suspected abuse of service users and / or carers

 

Policy:

This policy has been developed to:

·    Provide all staff (paid and unpaid) with guidelines for identifying and responding to these situations

·    Clarify the roles of the service in responding to these situations

·    Clarify the type and range of responses that can be provided to victims of abuse

 

 

a)   Introduction & Background

The term ‘elder abuse’ was adopted in the 1980s to describe family violence situations involving older people, and is still used in many countries. The definition was adopted from the Australian Network for the Prevention of Elder Abuse (ANPEA): Any act occurring within a relationship where there is an implication of trust, which results in harm to an older person. Abuse may be physical, sexual, financial, psychological, and social and/or neglect. (ANPEA 1999).

 

Elder abuse is a complex issue, which can challenge views about the nature of families and the status of older people in our community. In many cases, both the victim and perpetrator may not be aware that what is occurring is abuse.

 

CHSP recognises that abuse of service users and their carers does exist in the community and that, in the course of work, staff (paid or unpaid) may encounter suspected or actual abuse situations involving services users and carers.

 

CHSP will ensure that services users, carers and volunteers are protected from abuse if possible. It is the right of every individual to be safe in their own home.

 

b)   Definitions

Abuse as it is used throughout this Policy refers to sexual assault, physical, emotional and financial abuse, domestic violence, and neglect.

 

Abuse is the wilful or intentional harm caused to an individual by another person with whom they have a relationship implying trust.

 

There are different categories of abuse and each specific type has different contributing factors. These are:

·    Financial or material abuse – the illegal or improper use of a persons property or finances

·    Emotional abuse – includes verbal assaults, threats or maltreatment, harassment, humiliation or intimidation, or failure to interact with a person or to acknowledge the persons existence

·    Physical abuse – the infliction of physical pain, injury or physical coercion

·    Sexual assault and abuse – sexual assault and abuse includes a range of offences including rape, indecent assault and sexual harassment. It also includes sexually exploitative or shaming behavior, such as leaving an aged person undressed

·    Domestic violence – violence, abuse and intimidation perpetrated by one person against another in a personal, intimate relationship. Occurs between two people where on has power over the other causing fear, physical and / or psychological harm

·    Social abuse – the forces isolation of older people, restricting or stopping social contact with others, including attendance at social activities

·    Neglect – failure of a service or carer to provide the necessities of life to a person for who they are caring for which has a detrimental effect of the older person’s health and / or welfare. This include failing to provide adequate food, shelter, clothing, medical or dental care, hygiene, and failure to medicate or over-medicate.

 

 

c)   Principles

The following principles are to be observed by CHSP staff (paid and unpaid) in relation to elder abuse.

 

i.    Prevention

CHSP acknowledges that prevention is the best protection from abuse.

 

Effective prevention strategies will include recruitment screening process to protect service users from exposure to individuals who have a history of harming vulnerable people. By ensuring both paid and unpaid staff is adequately screened, CHSP can maximize the chances of employing suitable individuals to work with vulnerable service users.

Prevention strategies will include

·    Clear expectations regarding behaviors towards service users included in Position Descriptions

·    References provided by applicant will be thoroughly checked

·    Criminal record checks will be processed on all applicants before employment commences

·    Induction and ongoing training sessions will be conducted, which will include:

Inappropriate treatment of service users

Identifying the risk factors for abuse

Service Code of Conduct

Service users Rights and Responsibilities

                  

Protection of service users and prevention of harm will be enhanced by fostering an organizational culture that actively encourages and supports service users and their carers to access complaint mechanisms and raise concerns about service delivery. This includes ensuring service users have the opportunity to express their needs positively.

 

ii.   Detection

Suspected and / or actual abuse situations may be detected by staff (paid or unpaid) in a number of ways:

·    Observing signs and changes in a service user or carer’s status that may indicate an abuse situation

·    Observing signs and change in a service user or carer’s behaviour that my indicate and abuse situation

·    Witnessing an incident of abuse involving the service user and/or carer

·    Noticing a home environment that is hazardous to a service user’s and/or carer’s health, or where there is evidence of neglect

·    Disclosure of abuse by service user or carer

 

 

 

d)   Intervention Principles and Procedure

i.    Principles

The following principles will apply wherever CHSP identifies a case of abuse:

·    Victims will be encouraged and assisted to make their own decision, and be provided with information about all relevant options including the right of service refusal

·    Intervention will be victim focused with a view of ensuring safety

·    Victims of abuse should be offered protection only through legal remedies

·    Assault and other forms of abuse are criminal offences

·    Confidentiality of information is to be respected

·    The desire of the victim for an independent advocate of their own choice will be respected

 

ii.   Procedure

The following procedure will be used in cases of suspected or actual abuse:

·    The staff member (paid or unpaid) who is the first to identify the abuse situation will discuss the situation with the Coordinator

·    The staff member will pass on all relevant information and complete part of the Identification of Abuse Form. The staff members will be offered support and debriefing.

 

 

e)   Duty of Care, Privacy and Confidentiality

CHSP has a duty of care to its services users and carers who may be affected by the service’s action or inaction. This duty of care refers not only to the actions of staff, but also to advice which they give, or fail to give.

In the case of abuse, confidentiality is between the service user and / or carer and CHSP, not the individual staff member (paid or unpaid). The staff member who identifies the symptoms of abuse will not discuss the suspected abuse with anyone other than the Coordinator, or in the Coordinator’s prolonged absence, the Community Services Manager. An exception to this would be if the threat of danger is physical and imminent, then, as duty of care, the staff identifying the abuse should contact the Police immediately. The Coordinator should be informed of this outcome as soon as practical.

 

The services and carer has the right to decide what personal information is to be revealed to another organisation. Failing that, the service user/carer needs to be aware that confidentiality cannot be maintained in some circumstances.

 

Circumstances where a service user’s/carer’s confidentiality may be over-ridden include:

·    There is an obligation not to conceal a completed or intended crime

·    Disclosure may be required when in a person’s interest i.e. the person may be suicidal

·    There may be a duty of care to warn a third party who may be in danger

 

f)    Supporting Staff

CHSP is committed to the provision of information and training on abuse issues and on-going support for those who encounter abuse situations involving service users or carers.

CHSP will:

·    Inform all paid an unpaid staff of agency policy and procedure to be followed in cases of suspected or actual abuse situations involving service users or carers

·    Make a copy of this policy available to all paid and unpaid staff on request

·    Ensure that training is available by offering information sessions as required

·    Offer on-going support, supervision and debriefing to all staff (paid and unpaid) who have encountered abuse situations

·    It is the responsibility of the Community Services Manager to negotiate and implement a suitable support method for the Coordinator when and if needed

 

 

9. Disaster and Recovery

 

Policy:

Cabonne CHSP Service will have a Disaster/Emergency Plan to ensure quality service to users is not disrupted in time of emergency and that the safety of service users, staff (employees and volunteers) and equipment is protected.

 

As the Cabonne CHSP service is not an emergency service provider, this plan will focus on securing rather than rescuing.

 

Procedures:

9.1 The Securing of Service User and Volunteer Data

a)   Each service user will be allocated a code number

b)   The service user data base will be protected with an access code

c)   All current service users records will be entered onto the data base

d)   All new service user data will be entered onto the data base as soon as possible after being received

e)   All service user minimum data will be filed in hard copy

f)    A back up of all information will be occur weekly

g)   The back up of information will be kept off premises in a secure place

h)   A copy of the volunteer register will be held with the service user data

 

 

9.2 The Securing of Service Policies

a)   A hard copy of the policies and procedures will be kept in the Commonwealth Home Support Program office

b)   The policies and procedures will be stored in the computer

c)   A back up disk will be kept in a fire-proof container in the strong room

d)   Cabonne Council will hold a soft copy of the policies and procedures

e)   The CHSP Office will be locked when staff vacate the premises

 

9.3 The Securing of Equipment

a)   All equipment will be entered onto an equipment register

b)   All equipment will be fully insured

c)   Provision will be made in the budget for asset replacement

d)   The CHSP Office will be locked when staff vacate the premises

 

9.4 Protection of People in the CHSP Service Rooms

a)   A roll will be compiled of all attendees at the beginning of each session

b)   Staff will be responsible for maintaining the roll and for its safe removal from the premises

c)   The Exit Plan will be explained at the beginning of each session

d)   An Exit Map will be prominently displayed. The map will detail the location of Fire Extinguishers, Fire Blankets and Meeting Points

e)   First Aid Kits will be well signed

f)    Fire Extinguishers, First Aid Kits, Universal Precautions Kits and Fire Blankets will be regularly inspected and updated as required

 

9.5. Recovery Plan

To ensure that services will return to normal as soon as possible, prescribed procedures will be followed:

a)   Council will be informed of the disaster and the extent of damage, if known

b)   Council will provide assistance in acquiring premises and setting up a temporary office

c)   The insurance company will be informed of damage

d)   All information that has been lodged with Council for safety will be obtained

e)   Service users and volunteers will be informed of any interruptions to service provision

f)    Alternative sources of service provision will be investigated if the disruption is expected to be lengthy.

g)   Service provision will be resumed as quickly as possible

 

10. Use of Equipment and Vehicles

10.1 Register of Equipment and Training

a)   A register of all equipment will be kept up-to-date

b)   The WHS Policy must be followed when operating any equipment 

c)   The Coordinator will arrange for the provision of appropriate training for any staff member who is inexperienced in the use of any equipment

d)   The Coordinator will arrange appropriate training as required (eg new equipment) to update staff on the use of equipment.

10.2 Photocopier

The purpose of the photocopier is for the use of Cabonne CHSP Service administration.

a)   Office staff only may use the photocopier

b)   Service use cost is borne by the project

c)   All other photocopying must be paid for as per the Council Fees and Charges Policy

10.3 Laminator

a)   The purpose of the laminator is for the use of Cabonne CHSP Service administration.

b)   The laminator may only be used by office staff for the administration of the service unless otherwise negotiated with the Coordinator at an appropriate cost.

10.4. Computers and Internet Access

a)   The Computers owned by the Cabonne CHSP Service may only be used by staff of the service.

b)   Personal use of Internet access is limited and should not interfere with work related duties. This must be in accordance with established Council Policies.

10.5 Fax

The purpose of the fax machine is for the use of the Cabonne CHSP service administration.

a) Office staff only may use the fax.

b) Service use cost is borne by the project.

c)   All personal use of the fax must be paid for at the cost as set by Cabonne Council

10.6 Telephones

a)   Only office / Council staff, or people authorised by an employee may use the office telephones

b)   Service use cost is borne by the program

c)   Use of the lines for personal calls should be kept to a minimum and not interfere with work related duties

d)   All personal STD calls are to be paid for at standard rates

 

10.7 Mobile Phones

Staff (employees and volunteers) will have access to a mobile phone while driving the Commonwealth Home Support Program vehicles and are engaged in service work.

The Cabonne Commonwealth Home Support Program Service will abide by the Council Mobile Phone Policy with the following amendments and expansions:

a)   In 7.2.1.2 The standard greeting does not apply but will reflect the actual service involved and the contact phone number will be 02 63 441 199

b)   In 7.2.3.3 the suffix does not apply. The phone based in the Home and Community Car Service vehicle is only used for service calls. The coordination phone will be accounted each month against the users mobile phone account

c)   All staff (employees and volunteers) that use the Commonwealth Home Support Program vehicles will be trained in the use of the mobile phone. This will form part of the orientation pack for new staff members (paid and unpaid)

d)   A short list of emergency contact phone numbers will be kept with the mobile phones

e)   The office phone number is pre-programmed into the Commonwealth Home Support Program mobile phones

f)    The mobile phone is recharged regularly by Commonwealth Home Support Program office employees to ensure reliability of service in the event of a safety issue or emergency occurring  

10.8 Freezers

a)   The purpose of the freezers is to hold frozen meals for the Frozen Meal Service. They should be used exclusively for that purpose.

b)   Any other use must be negotiated with the Coordinator.

 

10.9 Loan of Equipment

Service users may access equipment if assessed as needing this service

11  Vehicle Management.

a)   The use of all vehicles is subject to Council’s Motor Vehicle Management Policy.

b)   The service vehicles may only be used for service-oriented work and not for private use with the exemption of the vehicle under leaseback conditions

c)   One vehicle will be used primarily for the Coordination of the service

d)   One vehicle will be used primarily for Commonwealth Home Support Program and the Community Visitor Scheme service provision and may be used by staff for activities related to the position

e)   A register of vehicles must be kept up-to-date and held by Council

f)    Staff (employees and volunteers) who drive a service vehicle must have an appropriate current drivers licence

g)   Vehicles are locked at all times when unattended

h)   Vehicles are cleaned on a regular basis by the contracted cleaner

i)    Required servicing and maintenance is carried out by qualified Council staff at the Cudal or Molong depots

j)    Fuel, oil and tyre pressure are regularly checked

k)   Petrol is purchased from the assigned depot and accounted against the appropriate vehicle job number using the CHSP Fuel Card

l)    Should petrol need to be purchased away from this point, an application for reimbursement will made to Council and reimbursement made when a Tax Invoice is presented

m)  If the vehicle is damaged, this must be reported to the CHSP office as soon as possible

n)   When vehicles are in use a Council Log Sheet will be kept and submitted to Council at the end of each two-week period by the Food Services Officer

o)   A first aid kit will remain in the vehicle. This kit will be updated and items renewed as necessary

p)   Emergency telephone numbers are available in the vehicle.

q)   A vehicle safety check sheet will be filled in by the cleaner and drivers encouraged to check this form prior to each trip

r)    An incident/accident reporting form must be kept in the vehicle                   

s)   Smoking is not permitted in CHSP Service vehicles

 

11.1 Motor Vehicle Accident 

Any staff member (employee or volunteer) who has a car accident while driving a project vehicle should follow the endorsed Council Motor Vehicle Management Policy. A summary of this policy is kept in car glove box.

 

12 Annual Presentation of Data

12.1 Reporting to the Department of Social Services – as the funding body

·    Submission of First Quarterly CHSP MDS Report – no later than 25 October

·    Submission of Second Quarterly CHSP MDS Report – no later than 25 January

·    Submission of a Progressive Output Variation Report – due 31 March

·    Submission of Third Quarterly CHSP MDS Report – no later than 25 April

·    Submission of Final Quarterly CHSP MDS Report – no later than 25 July

·    Submission of Annual Output Variation Report for 12 month period – due 30 September

·    Submission of Annual Financial Accountability Report for 12 month period – due 30 September

 

12.2 Ongoing monitoring of the service will occur through numerous mechanisms:

a)   The Coordinator will report regularly to the Community Services Manager. This report will cover all the above items and any other issues that may affect service outputs and/or service quality.

12.3  Annual Report

A detailed annual report will be prepared and submitted to Council.

This Report will include but is not limited to:

a)   Statistics of the services provided including number of service users; basic demographic information regarding service users’ profile; outputs in comparison with estimated outputs and any other data that the Coordinator see relevant to the Report.

b)   Progress against the Strategic Plan and the Operational Plan.

c)   A general summary of the variety of services provided

d)   Summary of the feedback from service users and other stakeholders regarding satisfaction with the services

e)   Review of Risk Management; Continuous Improvement activities

f)    The data and information from the Annual report will be used to inform the development of the Annual Service Plan and the review of the Strategic Plan

 

13. Feedback

(See Continuous Improvement)

a)   Feedback will be sought from service users, carers and other stakeholders including but not limited to community members, other service providers, representatives from special needs groups including CALD communities, ATSI communities, ageing people with a disability

b)   Service users are encouraged to provide formal feedback through surveys, focus groups, and at time of reassessment.

c)   Informal feedback from service users will be gathered verbally. This will be recorded and given to the Coordinator.

d)   Feedback in various formats will be sought from volunteers and employees.

e)   Feedback will be sought from other Service Providers  by questionnaire at least tri-annually

f)    The Coordinator will collate and analyse the feedback. This information will be included in the Coordinator’s Reports to the Community Services Committee.

g)   The Coordinator will utilise the information from feedback to inform the service planning and development processes and the continuous improvement activities throughout the year.

h)   The Coordinator will annually evaluate and review the feedback processes to ensure that:

i.    Stakeholders (especially service users, carers and their representatives) are given every opportunity to provide feedback (both positive and negative)

ii.    The feedback is collated and analysed appropriately

iii.   The information from the feedback is used to improve service quality and to meet the changing needs of the service users and carers.

iv.  Policies and Procedures are amended as appropriate, in response to feedback.

v.   Employees and volunteers are advised of changes and provided with the relevant education.

 

 

14. Statistics

A variety of statistics will be recorded, collated, analysed and used to inform Continuous Improvement activities and the development of the Strategic Plan and the Operational Plan.

The data that is collected will include but is not limited to:

a)   Number of service users

b)   Number of people refusing the service and reasons why

c)   Number of people who have been refused a service and why

d)   Number of people on the waiting list over the year and waiting times experienced by potential service users

e)   Identified gaps in the service

f)    Identified unmet needs of the target group

g)   Feedback folder (complaints, compliments and suggestions) including actions, outcomes, evaluations of the resolution and continuous improvement actions arising from the feedback

h)   Feedback from employees, volunteers and other stakeholders.

i)    Analysis of the Accidents / Incidents Register; Risk Register and Risk Management Plan; Continuous Improvement Plan and Log

 

Section 2 – Service Users Service Management

 

Contents

 

Eligibility                                                                                                 38

Equity of Access                                                                                             38

Service users with Special Needs                                                                         38

Assessment                                                                                                     39

Referral Processes                                                                                         41

Care Planning                                                                                       42

When a Service user does not respond to a scheduled visit or service                   43

Reassessment and Service Review                                                           44

Appeal                                                                                                     45

Prioritising Need                                                                                             45

Waiting List                                                                                                      45

Fees                                                                                                         46

Ceasing Services for Service Users                                                            47

Information Provision                                                                            51

Complaints                                                                                                      53

Suspected Abuse of Service Users                                                             55

Service Users Rights and Responsibilities                                                56

Privacy Confidentiality and access to personal information                             56

Advocacy                                                                                                61

Effective Management                                                                                   62

Continuous Improvement                                                                              62

Planning and Evaluation                                                                               63

Management practices                                                                                  64

Duty of Care versus Dignity of Risk                                                             65

Notification of Incidents and Issues                                                             67

 


 

Home Care Standard 2: EO 2.1, 2.2, 2.3, 2.4, 2.5

Home Care Standard 3: EO 3.1, 3.2, 3.3, 3.4, 3.5

 

Eligibility

To be eligible for the Commonwealth Home Support Programme an individual must:

 

·    Be having trouble doing everyday activities without help, and

·    Need support to live independently in the community.

 

In addition, are:

 

·    65 years or older (50 years or older if Aboriginal or Torres Strait Islander)

·    50 years or older (45 years or older if Aboriginal or Torres Strait Islander) and on a low income, homeless or at risk of being homeless.

 

Eligibility is determined by My Aged Care.

 

l)     Equity of Access

m)    

n)    Expected Outcome 2.1

o)    The Cabonne Council CHSP Service aims to provide equity of access for all eligible service users.

To ensure service users have equal access to the service, a number of strategies are in place:

p)     

·    Service users are not denied a service because of their inability to pay.

·    Pre-paid envelopes will be used when service users are asked to return questionnaires, surveys, etc.

·    Where special needs groups appear to be underrepresented among the service’s service users, the service will explore the reasons for this and identify strategies to address the issue

·    Any inequality of access will be investigated and strategies to address the inequality will be implemented. This information will be utilised in the Annual Planning processes of the service to ensure that the services meet the needs of the target population.

·    Service users in receipt of other services are not discriminated against in receiving additional services.

·    People who are assessed as needing a service from this agency will not be discriminated against in any way.

·    Access to service will depend solely on assessed and relative need.

Service Users with Special Needs

Cabonne Council ensures that access to services by service users with special needs, including those unable to pay, is decided on a non-discriminatory basis.

a)   People who are assessed as needing a service from this agency will not be discriminated against because of race, religion, political persuasion, or any other reason. Access to service will depend solely on assessment and the prioritised relative need as set out below in the ‘Prioritising Need’ section of this document.

b)   Culturally and Linguistically Diverse service users will have access to an interpreter service, or a family member or trusted friend may be used as an interpreter, with the service user’s permission. An information leaflet, which lists the appropriate telephone numbers, will be given to service users of non-English speaking background. The need for an interpreter will be clearly defined at the front of the service users file by the placement of a yellow dot on the upper left hand side of the folder containing the file.

c)   Aboriginal service users will be provided with culturally appropriate services wherever possible. The need for a culturally appropriate service will be clearly defined by the placement of a blue dot on the upper left hand side of the folder containing the file. Staff will ensure information regarding assessment; reviews and services are available in culturally appropriate formats and are clearly explained to the service users. Where necessary, staff will seek information from and work in co-operation with the Aboriginal Access Worker, aboriginal organisations and associations. Any official looking forms involving service provision to aboriginal service users will NOT be coloured blue.

d)   For service users who have difficulty reading or writing, staff will ensure that all information is clearly explained. Where necessary, the services of specialist communicators will be used. Any literacy needs will be clearly defined in the service users file and where appropriate, the placement of an orange dot on the upper left hand side of the folder containing the service users file. Advocates or family members may be asked to assist if the service user gives permission. For service users with dementia or specific disabilities, every effort will be made to ensure services are delivered in a sensitive manner. The assessment process will involve the carer, if appropriate, to assist the Coordinator to fully understand the service user’s needs and any triggers for challenging behaviours and strategies for supporting the service user. Staff will focus on ensuring that carers or advocates are fully informed regarding assessment, re-assessment, care plans, service provision and any costs involved.  To whatever extent it is possible, the service user will be involved in the decision making process. Cognitive impairment needs will be clearly defined in the service user’s file and a white dot placed on the upper left hand side of the folder containing the file.

e)   For service users who are unable to pay, an individual plan will be set in place to

q)    address their needs ie a sliding scale of fees or an instalment payment plan may be applicable.

 

 

Assessment

Expected Outcome 2.2

Assessment for all CHSP services is provided through My Aged Care (MAC). The assessment helps to ensure the individual will receive the care are support they need and also what types of services they are eligible for.

 

My Aged Care can be contacted in three ways:

1.   1800 200 422

2.   www.myagedcare.gov.au

3.   Cabonne CHSP can do an online referral direct for individuals

 

 

When an individual has been referred to Cabonne Council CHSP, the Coordinator will conduct a service specific assessment.

 

r)     The Coordinator will provide the service user and/or carer with a copy of the Service User Information Handbook and will carefully explain the information in the Handbook to ensure that the service user and carer understand the information. This explanation will include, but is not limited to the service users rights and responsibilities, privacy and confidentiality, the complaints process, services available, fees, and the service users right to have an advocate speak on his/her behalf. The Coordinator will ensure that the service user and/or carer have an opportunity to ask any questions.

At the time of assessment service users are given information on services available including costs.

s)    The Coordinator will assess the potential service user in his/her own home (another venue may be arranged if necessary). The service specific assessment and care planning process will actively involve the service user and carer (if appropriate), so that the Care Plan reflects the needs, goals and priorities of the service users and carer. The Coordinator will identify the service user’s strengths and capacities and will work with the service user to identify how the services may enhance the service user’s independence.

t)     Every service user who needs repetitive service will be formally assessed to: -

a)   Establish level and length of needed services

b)   Ascertain benefits to the service user by  providing the service

c)   Determine special needs

d)   Calculate the level of service required

e)   Identify the existing formal and informal support networks, including other service providers

f)    Enable the service to support the carer

g)   Determine an approximate date for reassessment and/or service review date

h)   Identify existing support system

i)    Identify any barriers to service provision

j)    Develop an individualised Care Plan that identifies the service user’s goals, abilities and the strategies and services that will be implemented to enable the service user to progress towards his/her goals.

The Coordinator will monitor the service to ensure that each service user receives coordinated services that are planned, reliable and meet his or her specific ongoing needs.

If access to service is denied, reasons will be explained to the potential service user, the incident fully documented and referrals made if appropriate

 

Service users with special needs

Service users from Aboriginal and Torres Strait Islander backgrounds

The service endeavours to provide Aboriginal and Torres Strait Islander service users with culturally appropriate services. The Cabonne Council CHSP Service works closely with local agencies, such as the CHSP Aboriginal Development Officer, to ensure that services are culturally appropriate and that service users are supported whilst accessing and receiving support.

The Coordinator ensures that the information regarding the assessment, review, care plan and services is clearly explained and understood by the service user and their family. Staff and volunteers are trained in the provision of culturally sensitive care.

Service users with Cultural and Linguistically Diverse backgrounds

Service users’ cultural needs are addressed by:

a)   A leaflet will be provided for service users of non-English speaking background

b)   Staff members are provided training in cultural awareness

c)   A list of interpreter services will be available for those who need an interpreter service

d)   An interpreter information flier will be displayed in the CHSP office.

Service users with Dementia, memory loss and similar disorders

 

The needs of service users with dementia, memory loss and similar disorders are addressed:

a)   The assessment and care planning processes will involve the service user as much as possible. The carer will also assist the Coordinator to identify and understand any triggers for challenging behaviours and successful strategies for managing these

b)   Staff are trained in how to work with and support people with dementia and similar conditions

c)   The role of carers and other support persons is recognised

d)   Principal carers will be involved in any decision making and informed of all service decisions.

The needs of service users with special needs will be addressed using a number of strategies, including but not limited to:

a)   The Coordinator will involve (with the service user’s consent) organisations or service providers with expertise in meeting the special needs of the service user, as necessary, to assist with understanding the service users needs, goals and priorities.

b)   Resources will be updated as required

 

Referral processes

Expected Outcome 2.3

Service users receive services that include appropriate co-ordination and referral processes.

a)   A list of relevant service providers will be kept up-to-date by staff

b)   The Coordinator will keep in contact with relevant service providers by attendance at the appropriate meetings

c)   The service will be promoted to other service providers

d)   Service users will be asked for permission to refer before a referral is made

e)   The service will endeavour to work in partnership with other services where ever possible

f)    All service users are to be referred to My Aged Care for the assessment of additional services.

The Coordinator will communicate and coordinate with other service providers to ensure that services optimise resources and enhance service user independence and quality of life. Coordination will ensure that services are not duplicated.

a)   Co-ordination with the Cabonne Community Transport Scheme

i. The Cabonne Community Transport Scheme will provide, where possible, transport for the Cabonne CHSP service users to attend Community Restaurants and Social Support activities

ii. The co-ordinators of both services will co-operate in organising the above events, in that, the Cabonne CHSP Co-ordinator will organise the events and the Community Transport Co-ordinator will organise the transport

iii.   The Cabonne CHSP Co-ordinator will ensure the activities are published in the “Keeping in Touch” newsletter

b)   Wherever possible the service encourages a partnership approach to service provision.

 

Care Planning

Expected Outcome 2.4

An individualised Care Plan will be developed at the time of assessment, in close consultation with the service user and the carer (if a carer is involved). The Care Plan will include the service user’s personal goals and the services and service plan that have been agreed upon by the service user and the Coordinator. The Care Plan is tailored to individual need and outlines the service the service user can expect to receive.

 

The Care Plan will also include details of the procedure the Cabonne Council CHSP Service will follow if the service user does not respond to a scheduled service. These procedures will be noted in the Care Plan and will reflect the preferences and wishes of the service user and carer.

The service user and/or the carer and the Coordinator will sign the Care Plan. The Care Plan will be kept in the individual service user file and a copy will be offered to the service user or carer to be left in his or her home.

The Care Plan is reviewed at the time of re-assessment or service review. Any amendments to service provision will be made in consultation with the service user or carer and with his or her permission.

 

Where appropriate and possible, staff (paid and unpaid) are matched to service user to best meet service user’s needs.

 

The service that has the role of principal service provider will take responsibility for coordinating all services to the service user, including the CIARR implementation, plus developing and monitoring a care plan

 

At time of re-assessment the service user’s input will be sought to ensure the plan is suited to the individual needs and goals of the service user.

 

Service users are encouraged to participate in formulating and amending when required, the care plan.

 

Staff (paid and unpaid) will be informed of any changes to the Care Plan if appropriate

 

When a service user does not respond to a scheduled visit or service

Cabonne Council CHSP Service will take every reasonable precaution and action to ensure the safety of our service users.

Every service user of Cabonne Council CHSP Service will have a documented and planned response for when he/she does not respond to a scheduled visit or service. This will be documented in the Care Plan.

·    The Service will take an individualised approach so that the procedures are flexible and responsive to individual needs and preferences.

·    The purpose of these procedures is to ensure the service user’s safety while maintaining individual autonomy.

·    The levels of responsibility for the service provider, care worker, service user and/or carer / advocate are to be acknowledged.

 

Procedures

1.   The Coordinator who is conducting the assessment and care planning must include discussion regarding actions to be taken if the service user does not respond to a planned visit or activity. This discussion will include the carer/advocate if appropriate and with the service user’s consent.

2.   Each service user is to have a documented, planned approach to be implemented should s/he not respond to a planned visit or activity.

3.   This response plan is to be included in the service user’s individual care plan and a copy is to be given to the service user.

4.   If the service user does not want any response, this is to be documented in the care plan. In these circumstances, if a care worker is concerned about a service user’s non-response, the care worker should contact the service Coordinator and document their concerns.

5.   The response will include information such as:

v Actions for the care worker to take (knock on doors; ring the service users home / mobile; contact service Coordinator or office to see if the service user has advised the service s/he will not be attending)

v Person(s) to contact (eg. family member; neighbour)

v Whether employees are to enter the premises with or without carer/family member/advocate

v Contact Police (with prior consent of the service user)

 

Re-assessment 

Every service user who has been assessed will be re-assessed and service provision reviewed at least annually or sooner if necessary. Annual reassessment will be done via the telephone. If an earlier re-assessment is required this will be done face to face. Triggers for an earlier reassessment include but are not limited to: change in the service user’s needs; discharge from hospital; prolonged absence from the service (eg an extended holiday); carer circumstances change; service user requests a review.

At the time of reassessment, the service user’s input will be sought to ensure the plan is suited to the individual needs and goals of the service user.

The service user’s Care Plan will be monitored at the time of reassessment:

a)   The Care Plan will be monitored at time of re-assessment by assessing whether the service user’s needs and abilities have changed and by requesting input from the service user

b)   Service provision may be changed or amended as a result of this monitoring process

c)   Any change to service provision will be noted on the Care Plan

d)   The date of the next service review or re-assessment will be noted on the Care Plan

e)   All appropriate staff (paid and unpaid) will be given information on service changes

f)    The service user will be asked to sign the new Care Plan and will be offered a copy.

 

The outcomes of a reassessment may include, but are not limited to: 

a)   Cease service delivery if no longer required

b)   Verify suitability of service delivery

c)   Change the way a service is delivered if appropriate

d)   Review and amend care plan as needed

e)   Make appropriate referrals within 3 working days

f)    Determine an approximate date for re-assessment and/or review

g)   Inform service user of any changes to the fee structure if any changes to service provision are planned.

h)   Follow up progress of referral with the agency concerned within 10 working days to clarify status of referral.

 

The timing for follow up of referrals is monitored by the Coordinator using an electronic spreadsheet. This spreadsheet identifies both due dates for follow up of referrals and for service users’ reassessments.  The Coordinator checks this spreadsheet weekly.

 

Following the assessment process, service will commence as soon as possible. This will depend upon service vacancies and the priority of service for the individual service user. The Coordinator will advise each new service user of the expected timing for the commencement of services.

 Following reassessment, service will be amended as soon as possible to ensure continuity of care for service users.

 

Appeal

If a service user or carer is not happy with any part of the assessment he or she may appeal against any decision made using the Complaints and Grievance Procedure.

 

Prioritising Need

Protocol

Service users are allocated available resources according to prioritised need.

The financial resources of the service may not always be sufficient to meet the needs of all who request assistance. The Coordinator will assess, when necessary, the relative need of service users to ensure that those who have the highest level of need and/or are at risk will receive timely and appropriate services to assist with the service user’s safety and wellbeing.

The following factors will be used to determine relative need:

a)   The service user is at risk of inappropriate admission to residential care

b)   The service user is at risk of abuse

c)   The home or surrounds have become physically unsafe

d)   The family support structure is non-existent or at risk of breaking down

e)   The service user and carer are both frail, ill or have a disability

f)    The service user has a moderate to severe disability that places twenty-four hour demands on the carer

g)   The service requested is one that the service user and/or carer cannot physically manage

h)   The service user lives alone, or with a carer who is under stress because of their caring role

i)    The service user and/ carer are socially or geographically isolated

j)    The service user and/or carer are financially disadvantaged

k)   The carer is a sole carer who has limited support networks

 

Waiting List

When the financial resources of the service are not sufficient to meet the needs of all who request assistance, a waiting list will be kept and a priority weighting given based on the Priority Check List.

a)   The waiting list and priority rating will be explained to the service user or carer

b)   Waiting Lists will be reviewed bi-monthly or when a vacancy occurs to ensure the service users are listed according to their priority rating. Access to service is given only according to relative need. 

 

Following each review of the waiting list, service users will be informed of their status.

Service users who reapply for a service

Service users in receipt of other services are not discriminated against in receiving additional services.

Service users who decline a service or are denied access to services for any reason may reapply for the service at a later date. Their assessed needs will be prioritised according to their relative need.

u)    A service user who has declined service or who has been denied service will

a)   Be informed of other service options

b)   Be informed of the right of appeal

c)   Be informed of how to reapply for service if the need arises

d)   Be informed of circumstances that will allow him/her to receive service

e)   Be informed of the reasons why the service has been denied

f)    Be informed of the waiting list and priority rating system

v)     

w)   A service user who reapplies for service following withdrawal for any reason will:

a)   Not be discriminated against in any way

b)   Be subject to the assessment process

x)     

y)     

z)     

aa)  

bb)  

cc)   

Fees

A fee will be charged for some services and service users will be aware of any charges, fees or costs associated with their service provision.

a)   All service users will be told of any cost of services to be provided. Cost of service may be negotiated on a sliding scale appropriate to level of service user’s income

b)   Service will not be refused to any service user who has been assessed as needing the service but has an assessed inability to pay

c)   If a service user is assessed as being unable to pay, then alternative arrangements will be made. This may include, but is not limited to: travel with another service user at a reduced cost; a sliding scale of fee payment; payment by instalment; or a waiver of the fee, according to need.

d)   If service users are receiving, or have received, compensation payments intended to cover community care then the full cost of the service will be charged

e)   Service users with similar income and service usage patterns will be charged equivalent fees for equivalent service provision

f)    Fees will be negotiated for service users who have a high level of need to ensure there is no financial hardship caused by the higher level of service provision that the service users needs. Extra costs will be borne by the service

g)   Solicited donations are regarded as fees

h)   Fees will not exceed the cost of the service provided

i)    Fees will cover cost of material used in the provision of services

j)    All policies for the determination and collection of fees will take into account the service user with special needs

k)   Assessment of ability to pay will be simple, confidential and as unobtrusive as possible

l)    Service users will be informed of their right of appeal regarding fees or changes in costs

 

For Food Services/ Meals on Wheels Service users:

a)   The service users will meet the cost of the meal, or

b)   If a service user is assessed as being unable to pay, assistance will be sought from the Meals on Wheels Association

 

For Neighbour Aid/Social Support Service users:

a.   Some services, such as telephone support, visiting, and related activities will be supplied at no cost to the service users

b.   Supported transport will be $5.00 per in town trip, $15 if out of town

c.   If a service user is assessed as being unable to pay for a service an alternative but like type of service will be sought, or if more appropriate:

1.   a lower level of service negotiated,

2.   an instalment plan introduced or

3.   the fee waived.

 

For Lawn Mowing and Low Level Maintenance Services

Subsidised services will be subsidised at the rate of $10.00 per hour, the service user will pay the difference or as otherwise negotiated

Service user fees collected will allow expansion or enhancement of the service:

a)   Fees collected will be administered according to Council’s accounting procedures

b)   Revenue from the fees will be used to enhance or expand service provision

c)   All procedures for the determination of fees will be fully documented

 

 

Ceasing services for service users

Cabonne Council CHSP will ensure that a service user exit will be completed in such a way that it will cause the least trauma possible and without discrimination of any kind.

a)   Exit procedures will be strictly adhered to.

b)   At all times the process will be without discrimination on any grounds

 

Should a service user discontinue service at any time without explanation, the Coordinator will contact the service user to ascertain reasons for ceasing services.

 

Procedure for ceasing service to a service user:

a) When a service user is assessed as no longer needing the service, the following steps will be taken:

i.    Service user file will be removed from the current file and placed in the safe box for non-current service users

ii.    Service user name will be removed from the mailing list

iii.   Service user information will be removed from the current data base

iv.  Withdrawal will be entered as a statistic on the current month’s service report

v.   Service user will be informed that he or she may access the service again if the need arises

b) When a referral to another service provider is required, due to the Cabonne Council CHSP Service being unable to meet the needs of the service user, the following steps will be taken:

i.    Service user and/or carer is fully informed of the process

ii.    Service user and/or carer is involved in the process

iii.   Service user and/or carer consents to the referral

iv.  Referral form is filled in and referral is made to the appropriate service provider

v.   Feedback is sought from the referred to agency

 

c) The service will ensure that the service user is informed of any decisions made regarding withdrawal of service. The process will include, but is not limited to:

i.    At time of exit the service user or carer will be informed of the Complaints and Grievance Procedure and the right to appeal any decision made regarding a change to service provision

ii.    If the service user is assessed as needing a service at a later date, service will be resumed without delay or the service user will be placed on the waiting list according to assessed need.

 

Cabonne Council CHSP Service will ensure that service users are made aware of their rights regarding exit from the service.

i.    Service users and/or their carers will be made aware of the reason for their exit from the service

ii.    Information regarding the exit process and other services available will be given verbally and in writing

iii.   Service users and/or their carers will be informed of their right to appeal any decision regarding service provision

iv.  Service users and/or their carers will be informed that they may reapply for service if the need arises

v.   Reasons for exit will be noted on the service user’s file and on the current Department Data Tool.

 

Cabonne Council CHSP Services will ensure that service users exit from service provision only takes place under certain circumstances.

 

Service users will be exited from the service if the:

a) Service user moves from the area, in which case a referral will be made to appropriate service providers in the new area following discussion with the service user or their carer and the service and only if the service user or carer consents to the referral

b) Service user is a danger or a perceived danger to the service staff because of any of the following:

i)    Physical, verbal, sexual abuse

ii)   Staff feels threatened

iii)   Service user is adversely affected by drugs or alcohol

iv)  Service user exhibits unacceptable social behaviour that may cause damage to the property of staff or the service in which case, two members of staff (the co-ordinator and one other) will visit the service user to review the situation and either appropriate strategies will be established which will allow for the protection of staff, or, a referral to an appropriate service will be made.

c) Service user dies

d) Service user enters into full time residential care

e) Service user is the recipient of a Home Care Service (CACP; EACH) or similar (Services may be continued on the principle of full cost recovery)

f) Service user is assessed as no longer needing the service because:

i)    need was assessed as being short-term and is no longer current

ii)   improvement in service user’s abilities has meant service user is able to manage independently

iii)   a change has occurred in the caring role which renders service unnecessary

iv)  a more appropriate service can be obtained for the service user by referral to another service

v)   other change of circumstances has made service provision unnecessary

vi)  duplication of service provision has been identified and the service user has no preference of service provider

g) Service user is assessed as having the ability to pay for service and refuses to do so after receiving verbal and written advice of the debt. The service user will be offered referral to other appropriate services, reassessment of financial status or payment by special arrangement.

h) Service user requests that the service be discontinued.

dd)  

ee)   Service user will be informed (verbally and in writing) of the reasons for his/her exit if a service is denied him/her.

Reasons for exit will be documented on the service user’s file.

Service users who have exited the service and who reapply will be assessed with needs being prioritised.

 

People who are assessed as needing a service from this agency will not be discriminated against for any reason. Access to service will depend solely on assessment and relative need. 

a)   All proposed overall changes in service delivery will be put forward to service users and comments sought via the newsletter.

b)   Service users will be encouraged to comment on service delivery at time of re-assessment.

c)   A reply paid envelope to encourage response will accompany satisfaction surveys.

 

 

Client Contribution Policy

Policy Statement

Cabonne CHSP will ensure that it operates in accordance with the National Guide to the CHSP Fees Contribution Framework (2015), which reinforces fairness, transparency and consistency in the collection of fees.

Cabonne CHSP intends to improve the sustainability of the organisation by collecting a target of 15% of the total grant revenue provided by the Australian Government.

This policy will be publicly available to all stakeholders and will be provided to new clients of the organisation (in a format relevant to their needs). Revenue from fees will be used to enhance and expand services.

This policy will be reviewed annually to ensure it aligns with regulatory and legislative requirements.

Procedure

General principles

·    The full cost of services will be charged if clients and receiving or have received compensation payments intended to cover the cost of community services

·    Those who are not eligible for subsidised services (for example, those under the age of 65 years) may be charged at a higher rate determined by the individual service

·    A record of client contributions will be maintained and reported to the Department of Social Services as per funding contract requirements.

Hardship provisions

·    Clients who are undergoing hardship may request a meeting in person with the Coordinator to negotiate the client contribution

·    Where a client is considered to be undergoing hardship they may be asked to pay a minimum contribution of have their contribution waived for a designated period of time determined by the service

·    If a client proves they are unable to pay the minimum client contribution, Cabonne CHSP will make an application to NSW Meals on Wheels Association for a financial subsidy, if the service they are requesting is Meals (approval for this subsidy is dependent upon funding and strict guidelines and criteria apply)

·    The client may be referred to relevant agencies for assistance with financial management / counselling (with consent)

·    A meeting will be held with the client after a two month period to review the client contributions and the client’s hardship status

·    If able, the client will continue paying the cost of the services from this meeting onwards

Collection of Fees

·    Accounts will be provided on a weekly / fortnightly / monthly basis

·    Account can be paid via direct debut, Centrepap deductions or via cash / cheque provided at the Cabonne CHSP office

·    A receipt will be issued upon payment of services

·    Other fees collected may be in the form of “membership fees” “annual subscriptions” and/or “donations”

·    Bundling of feed and/or a different fee structure may be considered for couples

Legislation

·    The Aged Care Act 1997

·    CHSP Guidelines (2015)

·    CHSP Manual (2015)

·    Client Contribution Framework (2015)

·    National Guide to the CHSP Fees Contribution Framework (2015)

 

Home Care Standard 3

Information Provision

 

Home Care Standard 1: EO 1.4 

Home Care Standard 3: EO3.1

 

Cabonne Council CHSP Service will ensure that each service user is informed about his or her rights and responsibilities and the services available and consulted about any changes required, using a number of strategies:

a)   At time of assessment every service user will be given a Service User Information Handbook that includes a copy of the Service User’s Rights and Responsibilities.

b)   An item will appear in the service newsletter at least annually to remind service users of their rights and responsibilities.

c)   Staff will ensure that all information contained in the Information Handbook is clearly explained to service users on numerous occasions to remind service users of their rights and responsibilities and to ensure they understand.

d)   Employees and volunteers will pay special attention to ensuring that service users with special needs clearly understand their rights and responsibilities. Employees and volunteers will be sensitive to any language or comprehension difficulties experienced by the service user and/or carer and use plain English to explain service user rights and responsibilities.

e)   Orientation for employees and volunteers will emphasise the rights and responsibilities of service users and the expectation that employees and volunteers respect these rights.

f)   Employee Handbook and Volunteer Handbook describe service user rights and responsibilities.

g)   At the time of assessment every service user will be given written and verbal information about services available.

h)   This information will be explained in detail by the staff.

i)    The carers of service users with dementia will also be given the written information about the service as well as having the information explained in detail by staff.

j)    Staff will ensure that the information is understandable and accessible for service users with special needs.

k)   A bi-monthly newsletter will be sent to all service users. This newsletter will include information about services available and updated information as changes occur.

l)    At the time of re-assessment every service user will be reminded of the information about the service and will be given written information if required.

m)  Staff will ensure that information is provided in a manner that is appropriate to the literacy and language skills of the service user and/or carer.

n)   Wherever possible, service users will have the right to choose how and when a service is delivered to them.

o)   The Coordinator will ensure that employees and volunteers have access to up-to-date information about other services available in the area.

p)   Service users will be informed of other services available in the area as appropriate.

q)   Information about other services will be displayed in the office and available for service users, carers and community members to take home.

Cabonne Council CHSP Service will ensure that service users are informed of the basis of service provision, including changes that may occur. A number of strategies will be used to achieve this, including, but not limited to:

a)   At the time of assessment every service user will be given information about the fee for the service(s) the service user requires. This is calculated on an individual basis.

b)   Service users will participate in the decision making process, including what service will be provided, how long it will be provided and, if possible, the person who will provide the service.

c)   A bi-monthly newsletter will be sent to all service users. This newsletter will include information about costs if and as changes occur. It will also give an explanation of those changes.

d)   Individual service changes will be explained fully to the individual service user. This explanation will be given verbally and in writing.

e)   The staff will ensure that the information is accessible and understandable for service users with special needs.

f)    Service users will be fully informed of their right to appeal any changes to service provision.

g)   At the time of reassessment, every service user will receive up-to-date information about the current costs of the service they receive.

h)   When a service is ceased, the service user will be informed of the reasons for exit, alternative services available and a letter will be sent to the service user detailing the circumstances in which the service will be able to assist the service user again.

i)    At the time of exit, service users will be informed that they may re-enter the service on request and following an assessment.

Cabonne Council CHSP Service will ensure that service users, prospective service users, service providers and the local community are informed of the services available by promoting the service throughout the area.

The strategies for promoting the service include, but are not limited to:

a)   The service will ensure that other service providers are regularly informed of services available through the Cabonne CHSP Service. This will include, but is not limited to attendance at networking meetings; participation in community events; direct contact with other service providers and agencies in the area.

b)   General Practitioners, Discharge Planners and other sources of potential referrals will be given (at least annually) information on the services provided.

c)   The service will be promoted to service users, prospective service users, volunteers and the general public by:

1.   Newspaper items

2.   Keeping in Touch articles

3.   Staff attending and occasionally speaking at service related forums, public forums and service club meetings

4.   Letterbox drops

5.   Shop-front window displays

6.   Communicating with other service providers in the area

7.   Distributing calendars with service information to service users, volunteers and network service providers

8.   Holding promotional displays at Health Fairs and Road Shows held throughout the area as funding permits

9.   Displaying service information posters in libraries, chemist shops and other relevant areas accessed by potential service users and carers

 

Complaints

Home Care Standard 3: EO 3.3, 3.4

 

Cabonne Council CHSP Service welcomes and encourages stakeholders to feel safe to provide feedback on the service. 

·    Service users, carers and their representatives, committee members, employees, volunteers, suppliers and other stakeholders are given information about how to make a complaint and how to provide suggestions and feedback to the service.

·    Complaints are recorded on the Complaints and Grievances Form, which is filed by the Coordinator. The issues in the complaint are identified, actions taken and recorded and the person making the complaint is advised of the actions taken.

·    The Coordinator regularly monitors complaints and feedback (at least monthly) and ensures that complaints are resolved promptly, appropriate actions are taken and recorded and that the person making the complaint is advised of the outcome.

·    Continuous Improvement activities / actions that arise from a complaint are recorded in the Continuous Improvement Log and the actions are monitored and evaluated.

·    The Coordinator evaluates the outcomes of the feedback as part of the monitoring process.

·    The Coordinator ensures that feedback on implemented improvements is given to service users and carers and their representatives, employees, volunteers, committee members and other stakeholders. This may occur though reports; newsletters; memos; training; and noticeboards.

 

 Cabonne Council CHSP Service will ensure that each service user has access to fair and equitable procedures for dealing with complaints.

Service users are made aware of the complaints process:

a)   The Complaints and Grievance Procedure will be explained to service users (verbally and in writing) at time of assessment

b)   Each service user will be given a Service User Information Handbook that contains the  Complaints and Grievance Procedure

c)   If no Service User Handbook is available then a copy of the relevant pages will be given to the service user

d)   All service information brochures will feature the heading “Do you have a prickly problem?” and advice on who to contact and how.

e)   At least once a year the service user newsletter will feature the heading and the advice as in c) above, together with the procedure as explained in the Service User Information Handbook.

f)    Staff and volunteers will remind service users of the Complaints and Grievance Procedure at various times and encourage service users to feel safe to raise concerns or make a complaint.

 

Each service user complaint about a service, or access to a service, will be dealt with fairly, promptly, confidentially and without retribution:

a)   Service users will not have services withdrawn if they complain.

b)   All complaints will be handled in a confidential manner.

c)   All grievances/complaints received at the Cabonne Commonwealth Home Support Program office will be noted on the Complaints and Grievances Form (attached as an appendix).

d)   The grievance/complaint form will be referred to the Commonwealth Home Support Program Coordinator with any action taken noted.  If action has been taken the service user who has lodged the complaint/grievance will be contacted by the Coordinator and the results discussed.  If the service user is satisfied with these results no further action will be taken.  If the service user is not satisfied with the results further action options will be discussed and acted upon.

e)   If no action has been taken, then the CHSP Coordinator will contact the service user, action options will be discussed and the agreed action will be taken.

f)    All action to be taken will be entered on the complaint form in the appropriate place.

g)   The CHSP Coordinator will advise the service user of the actions taken and results

achieved.

h)   If the service user is happy with the results no further action will be taken.

i)    If the service user is not happy with the results other options may be explored and the Coordinator will take any further action as agreed between the Coordinator and service user.

j)    Any complaints or grievances will be noted and dated on the service user’s file; any outcomes will be also noted and dated as they occur.

k)   Service Users will not be discriminated against because of a complaint.

l)    The complaint, action taken and results will be noted on the service users file and the complaint form will be kept in the complaints section of the service users locked filing cabinet in the CHSP office. It will be available only to the Coordinator or an authorised person

m)  All complaints will be followed up with the complainant within two working days

n)   If a complaint is not resolved within 5 working days, a list of options will be discussed with the complainant. Following this consultation, an appropriate action plan which includes a time frame will be drawn up to ensure either the resolution of the complaint or referral to the Community Services Manager of Council or the Aged Care Complaints Scheme or Community Services Commission

 

A copy of the Complaint and Grievance form is filed in the Feedback folder. The Summary sheet at the front of the folder records a summary of each complaint and the status of the complaint.

The Coordinator regularly (at least monthly) reviews the Feedback folder to monitor the progress of complaints and to ensure the actions arising from complaints have been evaluated.

As part of the Continuous Improvement processes, the Coordinator will ensure that the issues and actions arising from complaint trigger the review of appropriate Policies and Procedures and if appropriate, services are modified as a result of substantiated complaints:

a)   When service is under review all substantiated complaints will be taken into account before a service plan is completed.

b)   At the Annual Planning Day, substantiated complaints will be reviewed and may lead to a modification in the way services are provided.

 

Each service user receives assistance, if requested, to help with the resolution of conflict about a service that arises between a frail elderly person or the younger person with a disability and his or her carer:

a)   If staff become aware of a dispute between a service user and his or her carer, which concerns the service and the services provided, they should refer the situation to the Coordinator who will either:

I.    Mediate and attempt a solution, or

II.   With the service user’s permission, bring in someone with mediation skills to mediate.

b)   If a dispute arises that does not involve the service, staff should not become involved but should, if requested, refer the matter to the Coordinator. The Coordinator will refer the service user and his or her carer to an appropriate mediation service.

Each service user has the right to complain if he or she is not happy with the handling of a complaint:

a)   If the service user is not satisfied with the Coordinator's handling of the grievance/complaint then the service user will be referred to Cabonne Council Community Services Manager for further action. 

b)   In this circumstance a copy of the complaint form will be given to both the service user and the Cabonne Council Community Services Manager and any further action noted.

If the service user is still not happy then he/she will be given information on the Aged Care Complaints Scheme.

 

Suspected abuse of service users and/or carers

Abuse of service users and/or their carers will be responded to according to the following Elder Abuse Policy and Procedure. See Section 1: 8 Suspected abuse of service users and/or carers

a)   The abuse policy will be strictly adhered to.

b)   At all times the process will be without discrimination of any kind.

 

 

Service user Rights and Responsibilities

Home Care Standard 3

Privacy, Confidentiality and Access To Personal Information

Home Care Standard 3: EO 3.1, 3.2, 3.4

Cabonne Council CHSP Service will ensure that each service user’s rights to privacy and confidentiality are respected and he or she has access to personal information held by the agency.

Protecting the privacy of service users is very important and the following policies and procedures are designed to ensure that details about service users are kept confidential, and only disclosed with the service user’s permission for the purposes of ensuring that service users are receiving the services they need. (See Privacy and Personal Information and Protection Act 1998)

Each service user’s rights to privacy and confidentiality are respected. Information will be communicated in a manner that is accessible, and understandable to the individual. This may include but is not limited to: written material; staff verbally explaining the information using plain English; the use of interpreters where appropriate and with the consent of the service user. The information will be presented to service users at various times including assessment and reassessment and in various formats such as the newsletter; personal letter; reminders from staff on outings; Service Users Handbook.

a)   All service users will be informed, by means that the service user understands, of their rights to privacy and confidentiality.

b)   All service users will be informed, by means that the service user understands, that referral information and some details are required for reporting purposes. Service user consent will be obtained before sharing any information.

c)   Staff will ensure that the service user is aware that he or she cannot be personally identified when data is transferred for reporting purposes and that they will retain their anonymity.

d)   Service users will be re-informed of confidentiality issues by regular articles in the Keeping in Touch.

e)   If the service user consents to the transfer of information it will be noted on their file

f)    Service users will be informed that they may withdraw permission to transfer information from their file.

g)   If the service user does not consent to the transfer of information it will be noted on the front of the service user’s file.

h)   If a carer or advocate signs the Consent to Transfer Information form then the service will sight documentation verifying their authority.

i)    The initial assessment of a service user and any follow-up or reviews should take place where possible in the service user's own home. On all occasions it should take place in an area that provides privacy and confidentiality.

j)    The assessment and reviews should be between the Co-ordinator, appointed staff, or the District/Community nurse and the service user, and with the service user's consent, his/her legal guardian or advocate only.

k)   The Assessor should note any particular privacy requirements of the service user e.g. the preference for a male or female carer.

Confidentiality

All service user information is kept strictly confidential:

a)   Service users will be informed of the types of information this service keeps.

b)   Service user information will only be gathered direct from the service user, their carer or advocate or from other sources with the consent of the service user, their carer or advocate.

c)   The only information held by the Cabonne Commonwealth Home Support Program Service about a service user will be information necessary to assess the need for a service, and to provide an appropriate-to-need service. Information should be as non-obtrusive and objective as possible, yet relevant and up-to-date.

d)   The service user has the right to withhold information for privacy reasons.

e)   Information about a service user will not be shared with another agency without the permission of the service user or his/her legal guardian or advocate. This consent may be written and, if verbally given, this should be noted on the service user’s file.

f)    The service user has the right to withdraw permission at any time.

Access to information about the Service User

Only appropriate persons will have access to service user files in an emergency:

Service users will be informed that information will be released in certain circumstances. These may be:

a)   In the case of an emergency the service user’s files will be released to the appropriate person at the discretion of the Coordinator and one other of the following: -

i.    The chair person of the committee

ii.    The local representative

iii.   The Council Community Services Manager

In the Coordinator’s absence, the Council’s Community Services Manager will act in the Coordinator’s role. Should both the Coordinator and the Community Services Manager be unavailable, the chain of responsibility will be followed upwards (ie the Director of Finance and Corporate Services, the General Manager, the Mayor) for a decision to be made.

b)   If duty of care obligations are present

c)   If mandatory reporting or legal obligations are present

Any of the above will be noted on the service user’s file and authorised persons accessing the file will sign it.

Confidential information will only be passed on to staff on a need to know basis:

a)   The Coordinator needs to know.

b)   Staff (paid and unpaid) need to know if the confidential matter will affect the way a service is to be delivered or a safety risk to staff (paid or unpaid) is perceived.

c)   Confidentiality may be disclosed when duty of care obligations, mandatory reporting or legal obligations, are present.

d)   If staff (paid or unpaid) breaches confidentiality disciplinary action will occur.

 

 

Service Users accessing personal file

Service users are able to gain access to their personal information:

a)   Service users or their authorised representative have the right to read any personal information kept about them by the Cabonne Commonwealth Home Support Program Service. Requests from the service user to access files should be referred to the Coordinator who will ensure that assistance is provided for the service user to access information on his/her files within ten working days. The Coordinator will be available to explain any terminology to the service user. 

b)   If the Coordinator is unavailable and the service user can not or will not wait for the Coordinator’s return, then the Council Community Services Manager will appoint a staff member to assist the service user in accessing his/her information. Should neither the Coordinator nor the Community Services Manager be available the procedure set out in 5.3a) will be followed.

c)   Service users may amend their records if they think they are inaccurate, misleading or incomplete. Such amendments will be signed and dated by the service user.

 

Service Users Records

Individual files will be kept for each service user:

a)   Individual service files will be kept for each Service User. These will include care plans, the CIARR or assessment forms, risk assessment form, any consent forms or agreements, correspondence, regular reviews or re-assessments, any changes to service provision, on-going involvement of volunteers, staff or service providers and any complaints or grievances and how they have been addressed.

b)   Episodes of service will be entered onto the MDS data base.

c)   All service users’ files will be up-dated regularly.

 

Service user records will be filed in a locked cabinet:

a)   Information regarding service users will be stored in a filing cabinet.

b)   The filing cabinet will be locked at all times when not in use.

c)   The keys will be held by the Coordinator. A spare key will be kept in a secure place and access to it provided through the Community Services Manager or, if they are not available, the procedure set out in 5.3a) will be followed.

d)   Service user files will not leave the office unless the service user moves from the area and requests that the file be sent to the new CHSP service. In this instance written or verbal consent must be obtained from the service user and the file will be sent by certified mail.

e)   Service user records are only accessible to the Coordinator and other CHSP funded employees of Cabonne Council as/when designated by the Coordinator. Should the Coordinator be unavailable the procedure set out in 5.3a) will be followed.

f)    The records of service users who have been exited during the past twelve months will be filed separately and reviewed each January. They will either be kept in an on-hold file in the filing cabinet or moved to an archive box and stored in the strong room.

g)   Service user records will be securely stored for a minimum of seven years after the service user has ceased to use the service.

h)   In January of each year the files of service users who have exited the service for more than seven years will be disposed of by shredding or burning

i)    The MDS data base Data Exchange (DEX), will be protected with a password. Only CHSP employees have access to the DEX password.

Service Users Rights and Responsibilities

Home Care Standard 3

From 1 July 2012 the Commonwealth Charter of Rights and Responsibilities for Home Care will also apply to the delivery of services under the CHSP Program (see CHSP Manual 2015). The following Rights and Responsibilities are from this Charter.

Service users have the following rights:

 

General

a)      To be treated and accepted as an individual, and to have individual preferences respected

b)      To be treated with dignity, with privacy respected

c)      To receive care that is respectful of the service user, the service user’s family and home

d)      To receive care without being obliged to feel grateful to those providing the service users care

e)      To full and effective use of all human, legal and service user rights, including the right to freedom of speech regarding individual care

f)         To be treated without exploitation, abuse, discrimination, harassment or neglect

 

Participation

a)      To be involved in identifying the home care most appropriate for individual service user’s needs

b)      To choose the care and services that best meet the service user’s assessed needs, from the home care able to be provided and within the limits of the resources available

c)      To participate in making decisions that affects the service user

d)      To have a representative participate in decisions relating to the service user’s care if the service user does not have capacity

 

Care and Services

a)      To receive reliable, coordinated, safe, quality care and services which are appropriate to the service user’s assessed needs

b)      To be given before, or within 14 days after commencement of receiving care, a written plan of the care and services that the service user expects to receive

c)      To receive care and services as described in the plan that take account of the service user’s lifestyle, other care arrangements and cultural, linguistic and religious preferences

d)      To ongoing review of the care and services the service user receives (both periodic and in response to changes in the service users personal circumstances), and modification of the care and services as required

 

Personal Information

a)      To privacy and confidentiality of the service user’s personal information

b)      To access the service users personal information

 

 

Communication

a)      To be helped to understand any information the service user is given

b)      To be given a copy of the Charter of Rights and Responsibilities for Home Care

c)      To be offered a written agreement that includes all agreed matters

d)      To choose a person to speak on the service user’s behalf for any purpose

 

Comments and Complaints

a)      To be given information on how to make comments and complaints about the care and services the service user receives

b)      To complain about the care and services the service user receives, without fear of losing the care or being disadvantaged in any other way

c)      To have complaints investigated fairly and confidentially, and to have appropriate steps taken to resolve issues of concern

 

Fees

a)      To have the service user’s fees determined in a way that is transparent, accessible and fair

b)      To receive invoices that are clear and in a format that is understandable

c)      To have the service user fees reviewed periodically and on request when there are changes to the service user’s financial circumstances

d)      Not to be denied care and services because of the service user’s inability to pay a fee for reasons beyond the service user’s control

 

Service Users have the following responsibilities:

 

General

a)      To respect the rights of care workers to their human, legal and industrial rights including the right to work in a safe environment

b)      To treat care workers without exploitation, abuse, discrimination or harassment

 

 

Care and Services

a)      To abide by the terms of the written agreement

b)      To acknowledge that individual service users needs may change and to negotiate modifications of care and service when individual service user’s care needs do change

c)      To accept responsibility for the service user’s own actions and choices even though some actions and choices may involve an element of risk

 

Communication

a)      To give enough information to assist the approved provider to develop, deliver and review a care plan

b)      To tell the approved provider and their staff about any problems with the care and services

 

Access

a)      To allow safe and reasonable access for care workers at the times specified in the service user’s care plan or otherwise by agreement

b)      To provide reasonable notice if the service user does not require a service

 

Fee

a)      To pay any fee as specified in the agreement or negotiate an alternative arrangement with the provider if any changes occur in the service user’s financial circumstances

b)      To provide enough information for the approved provider to determine an appropriate level of fee

 

Advocacy

Home Care Standard 3.4

Cabonne Council CHSP Service will ensure that each service user has access to an advocate of his or her choice

For the purpose of this document the word advocate means “A person who, with the authority of the service user, represents the service user’s interests”

Service users will be made aware of advocacy services – where they are and how to use them:

a)   At the time of assessment the service user’s right to advocacy will be explained verbally and in writing

b)   At the time of assessment each service user will be given a Service User Information Handbook that contains service user’s rights and a description of advocacy

c)   If no Service User Information Handbook is available then a copy of the relevant pages will be given to the service user

d)   At least once per year the service user’s newsletter will feature an article on advocacy emphasising the right of service user to use an advocate and including a description of an advocate

e)   Staff and volunteers will receive appropriate training in the role and use of advocates

f)    All people designated by the service user to be an advocate will be given the Guidelines for Advocates leaflet

g)   Staff will act as advocates for a service user if they are requested to do so

h)   A list of appropriate advocates will be kept in the office for the use of staff and service users

i)    Service users wishing to use an advocate should inform the service in person or in writing of the person they wish to negotiate on their behalf

j)    The service user has the right to change their advocate at any time and should inform the service in person or in writing of this change

Cabonne Council CHSP Service will ensure that service users know of their rights to use an advocate:

a)   Service users will be made aware of their rights to use an advocate if they desire

b)   These rights will be explained verbally and in writing in a manner the service user can understand

Each service user has access to an advocate of his or her choice:

a)   Service users may use an advocate of their choice to negotiate on their behalf. This  may be a family member, a friend or an advocacy service

b)   Advocates may be used during assessments, reviews, and complaints or for any other communication between the service user and the service

Cabonne Council CHSP Service will assist service users to involve advocates to represent the interests of the service user, if this is the wish of the service user.

Advocates who have received an information pack regarding advocacy from the service will be accepted by the service as representing the interests of the service user.

 

Effective Management

Home Care Standard 1: EO 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7

Cabonne Council CHSP Services will ensure that service users receive the benefit of well-planned, efficient and accountable management.

 

Continuous Improvement

Home Care Standard 1: EO 1.5

 

Continuous improvement is integral to all aspects of service management and delivery. Continuous improvement assists the service to ensure that the changing needs of service users are met with quality, responsive and individualised services. The service has systems in place to demonstrate quality improvements.

 

Procedures:

·    The Coordinator will develop an annual Continuous Improvement Plan.

·    All employees and volunteers of the service are encouraged to contribute to continuous improvement activities of the service.

·    The Continuous Improvement Log will be used to record identified opportunities for continuous improvement activities in the day-to-day operations of the service.

·    The Continuous Improvement Log will record the date the improvement was identified; priority; the issue; strategies/actions; the person responsible and the date the actions are completed.

·    The Continuous Improvement Log is accessible to all staff who are expected to identify and record continuous improvement opportunities and strategies for addressing these.

·    The Coordinator regularly checks the Continuous Improvement Log (at least monthly) to monitor continuous improvement and to ensure that appropriate actions are taken and that the relevant policies and procedures are amended to reflect any changes and that these changes are evaluated to ensure they have achieved the desired outcomes.

·    The Coordinator is responsible for ensuring that ongoing consultation occurs with stakeholders including service users, carers, Committee members, employees, volunteers and the wider community.

·    Consultations will occur in various formats to ensure that many views and experiences of stakeholders are collected. These may include but are not limited to focus groups; surveys; informal comments and discussions; networking meetings; casual comments and feedback from service users and carers and public meetings.

·    The continuous improvement processes of the service include collection, collation and analysis of information, undertaking appropriate actions, and evaluation of these actions.

·    The monitoring processes include, but are not limited to:

Internal audits of feedback (complaints, satisfaction surveys etc)

Internal audits of operations

Review of the Risk Management Plan

Review of the Continuous Improvement Plan

Review of Accidents and Incidents Register

Review of Policies and Procedures

 

 

 

Planning and Evaluation

 

Home Care Standard 1: EO 1.3; 1.4, 1.5

Cabonne Council CHSP Service has a commitment to ongoing planning and evaluation of the service to ensure that the needs of the target group are being met effectively and efficiently.

The Coordinator will ensure that feedback is recorded appropriately and used to inform the annual evaluation and planning processes.

The planning and evaluation of the service is the responsibility of the Coordinator in conjunction with the Community Services Manager and the Community Services Committee.  They will ensure that the process includes a number of strategies to involve service users, carers, employees, volunteers and other stakeholders in the evaluation and planning processes.

 

These include, but are not limited to:

·    Ongoing monitoring of the service. This monitoring includes but is not limited to: monitoring incidents/accidents; monitoring feedback (complaints, compliments and suggestions; monitoring continuous improvement; staff performance appraisals; staff training outcomes; audits and reviews; monitoring of the demographic profile of the catchment area; identification of gaps in services and unmet needs in the community; formal and informal feedback from service users, carers, employees, volunteers and other stakeholders,

·    Formal and informal feedback is sought from service users at various times, including but not limited to: times when services are being provided; informally at community restaurants and social activities; the time of reassessment; by attendance at focus groups and invitations to meetings; and by participation in regular service satisfaction surveys and questionnaires. Service users are encouraged to provide feedback. Feedback is recorded and filed so that the Coordinator may include the information in the evaluation and planning processes.

·    Service user and carer input is sought through the newsletter.

·    Data will be collected on community needs (met and unmet) and future estimates of need through community consultations. This assessment of need will include special needs groups.

·    Service users and carers are encouraged to attend committee meetings and focus groups

·    Statistics will be kept on the current service user’s characteristics, complaints, waiting lists and people who have been refused a service

·    Data will be collected from the census and other information available from the Council’s planning processes

·    Monthly staff meetings will be held to discuss various events from the previous month, including but not limited to: review of the Continuous Improvement Log; review of feedback (complaints, compliments and suggestions); review of incidents/ accidents; review of policies and procedures.

·    Volunteers are encouraged to provide informal feedback and to participate in annual formal surveys;

·    Feedback from employees is sought through surveys, staff meetings and through involvement in planning days;

·    Feedback from other services is sought through local and regional networking meetings and CHSP forums

·    Feedback is sought from local relevant agencies including those supporting people with special needs including Aboriginal and Torres Strait Islander communities and organisations, Culturally and Linguistically Diverse community organisations and organisations for people with special needs. This will include information collected by referrals from and to other agencies and annual formal surveys;

·   Service provision may change or be modified as the result of service evaluation

·   Any changes will be monitored to measure their effectiveness

·   Service users will be informed of the results of surveys through newsletter items.

 

The Coordinator will ensure that all feedback and evaluation information is recorded appropriately and utilised to inform the evaluation and planning processes for the organisation.

 

The Coordinator is responsible for collation, analysis and evaluation of the data to identify trends, gaps, and areas for improvement as well as good practice and good ideas. This information will be used to measure the quality of past service provision and to inform the planning processes at various levels, including but not limited to the Annual Planning sessions; Strategic Planning; development of the annual Continuous Improvement Plan; staff and volunteer training and development plans; service development plans.

 

Management practices

Cabonne Council CHSP Service will employ accountable management practices, including but not limited to:

 Service users:

a)   Service user representation will be sought at committee level.

b)   Input from service users, carers and other stakeholders will be sought regarding proposed overall changes in service delivery. This will be communicated via the newsletter.

c)   Service users and carers will be encouraged to provide feedback on service delivery.

d)   A reply paid envelope to encourage response will accompany satisfaction surveys.

Financial Management:

a)   Council’s accounting staff will monitor all transactions.

b)   CHSP funding will be reported in Council's Budget Papers

c)   All monies will be subject to audit annually.

ff)    Employees and Volunteers:

a)   Employees will participate in an annual performance appraisal

b)   Employees will be encouraged to attend and have input into staff meetings

c)   All staff will be encouraged to attend training that is relevant to the position.

d)   Volunteers will participate in annual performance appraisals as recorded in Section 1: 3.1d

e)   The Coordinator will seek feedback from volunteers regarding training needs and service performance.

f)    Volunteers will be encouraged to attend volunteer meetings and information sessions

Reporting:

a)   The Coordinator will submit a written report to the Council’s Community Services Committee regularly.

b)   The Coordinator, in conjunction with the Community Service Manager will ensure that the service complies with all the reporting requirements of the funding body.

c)   The Coordinator will report verbally to the Council Community Services Manager at least monthly. 

d)   The service will comply with the requirements of the Home Care Standards.

 

Cabonne Council CHSP Service will ensure that service users receive services from appropriately skilled staff. The strategies will include but are not limited to:

a)   Council's staff selection process will be followed and the Council’s Human Resources Policies and Procedures will be followed.

b)   Staff with the relevant skills and experience will be selected with the position in mind.

c)   Staff will participate in the appropriate performance appraisal processes as determined by the Council’s HR Manual.

d)   Employees and volunteers will be encouraged to attend training and development (including workshops) that is appropriate to the position.

 

Cabonne Council CHSP Service will ensure that service users will have access to food that is safely handled.

Food should be handled in the safest possible manner

a)   Whenever possible hands should not touch food

b)   Clean utensils, that are durable, washable, unchipped and uncracked, should be used to prepare food

c)   Only microwave safe containers and materials should be used in a microwave

d)   Separate utensils should be used for raw and cooked food

e)   New gloves should be worn when alternating between raw and cooked food

f)    Protective gloves should always be worn when cleaning up

g)   Protective gloves should fit neatly and be disposable

h)   Separate cutting boards should be used for raw and cooked food

i)    At the end of each function, boards should be cleaned thoroughly and stored in an area free of dust and vermin

j)    Smoking is not permitted at any time when any food is being prepared

k)   A Safe Food Handling Plan will be kept and updated annually

 

 Duty Of Care V Dignity Of Risk

The service will ensure that duty of care is identified and the service user’s right to make informed choices and take calculated risks is recognised.

Definitions:

Duty of Care exists where a service user is reasonably likely to be affected by what the service does or does not do. Duty of Care is part of common law and an aspect of the law of negligence.

To establish negligence it must be shown that:

a)   A duty of care exists

b)   There has been a breach of duty, meaning that the incident could have reasonably been foreseen, and the service failed to take reasonable steps to prevent the incident from occurring

c)   That harm has been suffered, which was caused by a breach of the duty of care

Dignity of Risk refers to the service user’s right to make an informed choice to experience life and to take advantage of opportunities for learning, developing competencies and independence and, in doing so, takes a calculated risk.

The Coordinator will ensure that staff and volunteers recognise and understand Duty of Care to Service Users. This information will be presented in various ways, including, but not limited to: at orientation; in the Staff and Volunteer Handbooks; at staff meetings

The service will ensure that staff is aware of the basic elements of the law of negligence and understand the scope of their duty of care

The service will ensure that appropriate policy and procedure is in place to minimise the risk of harm, illness, injury or death of the service users. These policies and procedures will be regularly reviewed.

To ensure the safety of service users, all volunteers who drive the Commonwealth Home Support Program vehicle will have access to a mobile phone for emergency use.

a)   The mobile phone will be checked as part of the safety check procedure

b)   The mobile phone will be serviced as required

c)   All volunteer drivers who have access to the mobile phone will:

I.    Report to the Commonwealth Home Support Program staff if there is a problem with the phone

II.   Use the mobile phone only for emergency or important calls

III.  Keep the calls brief

IV.  Ensure that the phone is plugged into the car’s electrical system

V.   Switch the phone on when commencing a journey and off when the journey is completed

To allow service users the Dignity of Risk the Cabonne Commonwealth Home Support Program Service will ensure service users are given correct and relevant information about the benefits and risks involved in any activities to allow them to make informed choice

The well being of service users will be safeguarded as much as possible while they are attending any activity offered by the service.

a)   For all service activities the service will check venues and activities for safety and to identify the likelihood of risk

b)   Where a service user chooses to act in a way that could harm him or her and has an understanding of the risk, this will be noted on the said service user’s file

c)   Where a service user chooses to act in a way that could harm him or her and has little or no understanding of the risks involved, then the service user will be informed fully of the risks involved and any action taken by the staff will be documented

d)   Confidentiality may be breached by staff if the service user is at risk of harm, illness, injury or death and has no understanding of that risk

e)   Confidentiality may be breached if there is reason to believe that the service user is intending harm to another person

f)    The service will keep an accident and injury record to help identify “at risk” service users and “at risk” venues

g)   The service will take action to change situations that have resulted in injury or near injury to a service user

h)   Suitable measures will be taken to minimise risk factors

i)    Training will be provided to staff to develop their skills and knowledge to enable them to recognise and minimise risks without sacrificing benefits to service users

j)    Staff (paid and unpaid) will be chosen with care to ensure the safety of the service users

At social events

a)   The ratio of staff (paid or unpaid) and/or carers to service users when on a bus trip will be 1 to 14 service users or part thereof

b)   The ratio of staff (paid or unpaid) and/or carers to service users in wheel chairs will be 1  to 1 service users

c)   The ratio of staff (paid or unpaid) and/or carers to service users when at a social or learning activity will be:

1 to 20 service users or part thereof if the activity is sedentary, or

1 to 10 service users or part thereof if the event is active

d)   Should the service users be particularly frail, in the middle or advanced stages of a dementing illness or have other specific needs that warrant individual consideration and care, then a designated carer will be assigned to each service user as needed

Paid Staff

All staff will be required to have a current Police Check.

Council policies regarding the employment of suitable paid staff will be strictly adhered to including advertising the position, culling and interviewing applicants. See the Cabonne Council HR Procedures.

Volunteer Staff

All volunteers will be required to have a current Police Check.

Notification of incidents and issues

Policy:

As part of Cabonne Council CHSP Service’s commitment to minimising risk of harm to staff and service users, the service will respond appropriately to any incident that does occur and will notify the Department of Social Services of any serious incidents.

Procedures:

If a serious incident does occur as a result of, or during, the delivery of Cabonne Council CHSP services, the Coordinator and/or staff will:

1. Notify the Department

·    The Coordinator will notify the Department in writing, within 24 hours of the incident occurring or within 24 hours of them becoming aware of the incident. The Coordinator will refer to clause 35 of the Aged Care Funding Agreement and to the specific requirements for notices made under the Aged Care Funding Agreement as set out in clause 50 when preparing the notification for the Department.

·    The Coordinator will use his/her judgment to consider the specific circumstances of an event to determine whether a particular incident warrants notifying the Department.

·    Cabonne Council CHSP Service use the definitions as detailed in the CHSP Program Manual 2015 section 5.1.9 Notification of incidents and issues.

“Defining a serious incident:

A serious incident is an incident that occurs as a result of, or during, the delivery of CHSP services, and includes:

•         the unexpected death of a service user, staff member, subcontractor or volunteer;

•         a serious injury to a service user, staff member, subcontractor or volunteer;

•         allegations of conduct that may result in death, harm or injury, made in relation to a service provider’s organisation, staff, subcontractors or volunteers;

•         allegations of unlawful or criminal activity, made in relation to a service provider’s organisation, staff, subcontractors or volunteers; and

•         a serious fire, natural disaster, accident or other incident which will or is likely to prevent service provision, or which results in closure or significant damage to premises or property, or which poses a significant threat to the health and safety of service users, staff, subcontractors or volunteers.

2. Respond to the immediate needs of the individual and re-establish a safe environment; advise senior staff members.

·    Staff will ensure that the actions are documented in the Continuous Improvement Log and the Risk Register.

·    The Coordinator will ensure that the relevant Policies and Procedures are reviewed and amended as necessary to minimise the risk or to avoid recurrence of the incident.


 

Section 3 – Principles for Service Delivery

 

Home Care Standard1: EO 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8

Home Care Standard 2: EO 2.1, 2.2, 2.3, 2.4,

Home Care Standard 3: EO 3.1.,3.2, 3.3, 3.4., 3.5

 

The Cabonne CHSP Multi-Purpose Outlet, which encompasses Meal Services, Other Food Services, Social Support and Home Maintenance, will strive to deliver quality services in accordance with the following principles:

a)   Service users will remain the focus of the project at all times

b)   Each service user will be treated as an individual who has individual needs that may be determined by age, gender, cultural background, religion or other life circumstances

c)   Each service user has the right to access safe, responsive, effective and efficient services

d)   Each service user will have the right to make choices about their own lives

e)   Each service user will have the right to be treated with dignity and respect

f)    Each service user will have the right to have their own affairs treated with confidentiality and privacy

g)   Each service user will have access to the service on a non-discriminatory basis

h)   Each service user will have access to an advocate of their choice if this is required

i)    The community has the right to expect that the Cabonne Commonwealth Home Support Program Service is accountable to service users, to volunteers, to staff, to the funding body, to the auspice and to the community

POLICIES AND PROCEDURES FOR SERVICE DELIVERY

1. Social Support

1.1 Individual Service Provision

Service users who are assessed as needing an individual type service will have access to a quality service.

Procedure

When a service user is assessed as needing an individual type service (ie telephone support, visiting, shopping assistance, assistance with accessing services in their community etc) the following steps will be taken:

a)   The Coordinator will conduct a Home Safety Check at the service user’s home to identify any risks and to ensure safety to staff (paid and unpaid) if staff will need to enter in the course of delivering a service

b)   Service users will be assessed by the Coordinator (see ‘Assessment’ in Section 2, page 4) to assess needs and goals and to ensure that the service to be provided is the service they require

c)   The Coordinator will provide service users with a copy of the Service User Information Booklet

d)   If required, a volunteer will be matched to the service user

e)   Volunteers will be reimbursed for any costs incurred while engaged in providing the service

 

 

Fees

No fees will be attracted by the individual service types offered unless previously negotiated with the service user

 

 

List Shopping

 

Should it be necessary to do list shopping for a service user who is temporarily unable to accompany the volunteer then the following steps will be taken:

a)   The coordinator will arrange a staff member (paid or unpaid) to do the shopping. This will preferably be the volunteer already involved with the service user’s service provision

b)   Arrangements will be made and a time set to pick up the list

c)   Arrangements will be made with the shop to either:

i)  Bill the service, or

ii) Bill the service user direct

d)   The order may either be:

i)  Phoned through to the store, or

ii) The designated staff member will do the shopping

e)   If the service is billed, then:

i)  The tax invoice will be copied and the original given to the service user

ii)  An account will be sent to the service user from the service

f)    If the service user is billed by the shop then no further action is taken

g)   The shopping will be delivered to the service user’s home by either:

i) The staff member, or

ii) The store home delivery service

h)   All monies will be processed according to Council’s policies

i)    The relevant service user data will be recorded on the MDS

j)    Service units will be recorded for reporting and planning purposes

 

1.2 Social Outings and Activities

 

Service users who are socially or geographically isolated and/or would benefit from these services will have access to high quality social activities. These services aim to improve the social independence of these service users and to enable these service users to stay connected with their local communities

Procedure

a)   The Coordinator conducts venue safety checks for each venue or location where service users are taken by the service for an outing or activity.

b)   The Coordinator conducts an assessment of the service user to identify individual needs, capacities and goals.

c)   The Coordinator develops a service user risk profile that identifies the areas where the individual service user may need assistance.

d)   If the service user is assessed as being at very low risk, no action will be needed beyond the venue safety check

e)   If the service user is assessed as being at low to medium risk, procedures will be put in place to minimise the risk

f)    If a service user is assessed as being at high risk, he/she will not be accepted into the program unless he/she is accompanied by a carer or designated volunteer.  

g)   The Coordinator will consult with the service user to develop a Care Plan that identifies individual needs and goals and the services to be provided. The Care Plan will also indicate any special conditions which determine whether the service user is able to attend the outings and activities eg accompanied by a carer 

h)   Activities will be planned in consultation with the target population by using the information gained from surveys, community consultations, focus groups or service user individual input

i)    Venues will be chosen and assessed for safety

j)    If required, a group leader will be engaged

k)   Activities will be advertised in the Keeping in Touch or by mail out

l)    Service users will be informed of the nature of the activity, date, time, venue and any costs involved

m)  Service users will be given a RSVP date if appropriate

n)   If assistance with transport is needed, the service will arrange this

o)   All monies received will be receipted

p)   Money will be accounted against the appropriate Council Job Number

q)   Application will be made to the Council accounting department for any monies owing

r)    This debt will be accounted against the appropriate Council Job Number

s)   Council will send a cheque to the relevant service providers

t)    The relevant service user data will be recorded on the MDS

u)   Service units will be recorded for reporting and planning purposes

 

1.3 Home Maintenance - One-Off Events 

 

Service users will have access to quality one-off subsidised events where a need has been identified, be this either through the assessment process or self identified. All one-off events will be offered to service users through the Keeping in Touch newsletter or by mail-out. These events will support and develop the service user’s independence.

 

Procedure

Identified needs for one-off events are:

 

A.   Blanket and Large Items Wash

a)   Price will be negotiated with a local credited laundry

b)   Service users will be informed of what, where, when, how and costs involved

c)   Service users will book in for the service by the nominated date

d)   Articles will be collected and delivered as required

e)   Service users contributions will be receipted against the appropriate Council Job Number

f)    The laundry will bill the service and will be paid by cheque through the Council accounting system

g)   Relevant service user data will be recorded on the MDS

h)   Unit data will be recorded for reporting and planning purposes

 

B.   Low Level Maintenance Subsidy – Window Wash, Gutter Clean, Rose Pruning

a)   Price will be negotiated with a service provider or a volunteer recruited

b)   Local service provided will be used where possible to minimize travel costs

c)   Service users will be informed of the what, where, how, when and costs involved

d)   Service users will book in for the service by the nominated date

e)   Service users will receive Subsidy Vouchers

f)    Service users will be informed of the date, time of service and the name of the service provider

g)   Service user contributions will be receipted and accounted against the appropriate Council Job Number

h)   Vouchers will be used to verify the service provider’s claim

i)    Cost of service will be accounted against the appropriate Council Job Number

j)    Relevant service user data will be recorded on the MDS

k)   Unit data will be recorded for reporting and planning purposes

 

1.4 Lawn Mowing/ Handy Person Subsidy Service

 

Policy

Service users who are assessed as needing the lawn mowing / handy person subsidy will receive a safe and high quality service. This service aims to support and develop the service user independence.

 

Procedure

a)   The coordinator will approach service providers from the community and negotiate service costs

b)   CHSP staff will compile a list of service providers willing to offer a subsidised service to service users

c)   The list will state the name, address, phone number, cost and insurance status of each service provider

d)   Service users will be assessed by the Coordinator (see Assessment in Section 2, page 4)

e)   Service users who have been assessed as needing the subsidy service will receive information about the Cabonne CHSP Service, a copy of the Service User Information Booklet, information about the lawn mowing/ handy person subsidy, and the service provider list

f)    Service users will have the choice of service providers from the list

g)   Service users employ the service provider and will make contact when the service is required

h)   CHSP will subsidise the fee

i)    If required, CHSP will act as advocate for the service user and organize the service with the service provider of the service user’s choice. If this occurs, the service will inform the service of all outcomes from action taken

j)    Service user will receive a subsidy of ten dollars per hour to the value of $200.00 in any one financial year, or as otherwise negotiated with the Coordinator

k)   The Coordinator will ensure that service users with special needs understand the service and have access to services in a manner that is respectful of their needs. These services will be negotiated on a case by case basis.

l)    Service users will be issued with subsidy vouchers

m)  Information on service user satisfaction will be sought at least annually by way of service survey

n)   The service provider will receive information about the service including information about how the subsidy works, rights and responsibilities, claim forms

o)   The claim form will be filled in by the service provider, subsidy vouchers attached and returned to the CHSP for processing

p)   The claim forms are used to process service provider payment

q)   Vouchers verify the claim

r)    Application is made to the Council accounting department for subsidy monies owing to the service provider

s)   This debt will be accounted against the appropriate Council Job number

t)    Council will send a cheque or direct deposit to the service provider

u)   The service users contribution will be accounted against the appropriate Council Job Number

v)   When necessary, a waiting list (see details on Waiting Lists in Section 2, page 10) will be maintained and reviewed at least quarterly

w)  Service users on the waiting list are priority listed

x)   Service users on the waiting list are informed of their status following the review

y)   Service users may request a review of their subsidy needs at any time

2. Meal Services

The provision of this service has several aspects and offers service users choices of the type of meal service they wish to receive. The responsibility for service provision rests with each local Meals on Wheels Committee and the Cabonne CHSP Multi-Service Outlet.

Policy

Service users who have been assessed as needing a meal service will be able to access a safe, flexible, high quality meal service with a variety of food options. See details of Assessment in Section 2, page 4.

Service users in need of a meal service and who have not received formal assessment will receive the service for a short time until an assessment can be arranged.

 

2.1 Hot and Cold Delivered Meals

Procedure

Local Committees have the responsibility to:

a)   Organise the safe delivery of meals

b)   Prepare volunteer rosters

c)   Organise reimbursement of volunteers either by

           i) sending an account to the CHSP office and paying volunteers with their own cheque or,

           ii) by forwarding the Volunteer Signature Forms to the office

d)   Organise service user payments

e)   Ensure the receipting of all monies taken

f)    Arrange for the banking of monies to the appropriate Council Job Number

g)   Forward service user data to the office

Volunteer Deliverers have the responsibility to:

a)   Ensure meals are delivered to the service users in a safe manner. Volunteers are trained in the procedures for the safe delivery of meals.

b)   Inform paid staff of any concerns regarding the service user or the method used for food delivery. The Coordinator provides training and guidance to volunteers regarding the need to observe for changes in service users’ circumstances or abilities and the procedures for reporting these to the Coordinator.

Paid Staff has the responsibility to see that:

a)   Service users are assessed and a care plan completed. (See more details in Assessment in Section 2, page 4)

b)   The Coordinator assesses the service user’s home and surrounds to identify any risks and to ensure for safety to staff (paid and unpaid) if staff will need to enter in the course of delivering a meal

c)   Volunteers are informed of the principles of safe food handling as it applies to meal delivery. The Coordinator reminds volunteers of this information in the Newsletter and offers training in Safe Food Handling from time to time.

d)   Service user data is entered in his/her file and on the MDS

e)   Unit data is recorded for reporting and planning purposes

f)    Service user’s feedback is sought regarding the quality of the meals. This information is recorded and used to improve services and in the planning and evaluation of the service.

g)   Accounts are checked against data received from local committees

h)   Payments of accounts are arranged by following Council accounting procedures

i)    Payments are accounted against the appropriate Council job numbers

2.1.2 Quality Control of Hot and Cold Delivered Meals

Policy

A contract will be set in place with each service provider to ensure a high standard of service provision is maintained.

Procedure

a)The service provider who provides the meals is responsible for:

i) The supply of nutritionally balanced meals

ii) Monitoring the temperature at which meals are provided (65+)

iii) Checking temperatures randomly at least once per month

iv) Providing menu choice

 

b)The CHSP program is responsible for:

                  i)  The timely and safe delivery of meals

                  ii)  Menu selection

iii) Randomly checking the temperature of meals at the beginning and ending of each run (65+ for hot and under 6 for cold) to ensure meal temperatures remain in the safety zone during delivery

iv) Seeking feedback from service users annually (ie survey, focus groups, consultation, at time of reassessment or service review) to gauge service user satisfaction with the meals and the service. This information is recorded and used in service improvement and planning and evaluation processes.

v)   Randomly sampling meals for taste and presentation

vi)   Reporting data to the appropriate service provider if necessary

vii)  Negotiating changes following data collection if required

viii) Following up and resolving any service user complaints and negotiating changes with the service provider using the grievance as a guide

2.2 Frozen Meals

Policy

Service users who have been assessed as needing a meal service will be able to access a safe, flexible, high quality meal service with a variety of food options. See details of Assessment in Section 2, page 4.

Service users in need of a meal service and who have not received formal assessment will receive the service for a short time until an assessment can be arranged.

Procedure

1.   Each service user is provided with an information pack that includes:

i)          Menu and order form

ii)         How to order information

iii)         How to care for frozen foods information

iv)        Heating instructions

v)         Costs involved

 

2.   The service user may access this service by ordering using the order form, by telephone or by obtaining meals directly from the CHSP office

3.   Meals are sold to service users at cost price

4.   A receipt is written. The Food Services Officer is responsible for marking off stock sheets.

 

2.2.1 Quantity and Quality Control of Frozen Meals

 

1. Several steps are taken to ensure that that adequate stock is kept and a choice of menu is available:

a)   A stock sheet is kept

b)   All purchases are marked off against the sheet

c)   Information on the sheet is used when re-ordering

d)   A new stock sheet is produced after order is placed in freezers

e)   Meals are stacked in freezers with the closest “use by date” on top or to the front

f)    Meals are checked monthly to determine if there is any “out of date” stock

g)   Out of date stock are disposed of and accounted against the appropriate Council job number

 

2. Product testing is carried out to ensure that the taste and appearance of meals are appealing to service users:

a)   Four times each year meals are randomly selected (from meals nearing the use by date)

b)   Service users or volunteer are randomly selected to test the product and report results of the test to the Food Services Officer

c)   A staff member is selected to test the product and report results of the test at the following Staff Meeting

d)   Test meals are supplied free of charge and are accounted against the appropriate Council job number

e)   Information gained from these tests is relayed to the service provider

 

3. Freezers are maintained to ensure food is kept at the optimum quality:

a)   Freezers are maintained at below –17 degrees

b)   Weekly temperature checks are recorded

c)   Cabinet doors are kept firmly closed when not in use

d)   Freezers are thoroughly cleaned twice per year

e)   Maintenance is carried out annually ie motor cleaning

f)    When servicing is required an accredited service provider is used

 

4. Ordering – using the information on the stock sheet:

a)   An order is written on a frozen food order form

b)   The order form is faxed to the service provider

c)   The service provider is phoned to verify that the order has been received

d)   A new stock sheet is made and the old stock sheet is filed

e)   A requisition for the order amount is made in Synergysoft

f)    When the order is delivered the meals are checked against the order form and any disparity noted

g)   The meals are stacked into the freezers as quickly as possible making sure that the nearest use-by dates are either on top or to the front

h)   If a disparity is found in the order the service provider will be notified

i)    Once requisition is approved, the Purchase Order and Invoice are sent to Council for payment

 

 

 

3. Other Food Services

Policy

 

Home Care Standard 3: EO 3.5

 

Any service user who has been assessed as needing a food service other than a meal delivery will have access to flexible, high quality services relevant to his/her needs. These services aim to support and enhance service users’ functional and social independence. See more details on Assessment in Section 2, page 4.

 

Other Food Services may include but are not limited to: assistance with food shopping, stacking freezers, peeling vegetables, information on nutrition, budgeting, special diets, and referral.

 

Community Restaurants provide an opportunity for isolated service users to eat together in a safe supportive environment and are subject to the same conditions as found in Social Outings and Activities (1.2) The Community Restaurants enable service users to develop and sustain their social support networks and remain connected with their local communities.

 

Service users who have not received formal assessment will receive the service for a short time until an assessment can be arranged.

 

 

 

4. Food Safety Policy

Philosophy

Much of the service provision of the Cabonne Council CHSP Multi Purpose Outlet is concerned with the provision of food.  The Service is committed to Food Safety. It firmly believes in providing the service users with a quality and safe food product. The service wholly accepts its duty to comply with the ANZFA legislation, all other current, relevant legal requirements and the Meals on Wheels Food Safety Management System. We expect all suppliers to share this philosophy:

a)   All staff members will abide by the policy including all procedures and codes of practice laid down by the service. It is expected that they will make every effort to maintain all written procedures

b)   It is the aim of the Cabonne Commonwealth Home Support Program Service to operate with due diligence to food safety

4.2.1 Responsibilities and Duties of the Service

a) The Food Supplier will

·    Supply meals that are nutritious and of high quality

·    Comply with food safety requirements

·    Monitor meal temperature

·    Contact the co-ordinator if food safety concerns arise

b) The Service Staff will

·    Ensure a copy of current relevant legal food safety requirements is available  

·    Implement and review the Food Safety Policy regulations and practices on a regular basis

·    Act on any incidence that impacts on food safety

·    Ensure that all staff is trained in the requirements of food safety

·    Monitor records and forms to assess further staff training needs

·    Maintain a procedure of random temperature checks to ensure safe delivery of food

·    Abide by relevant legal food safety requirements

·    Maintain all records and systems an relation to food safety

·    Follow all personal hygiene rules

·    Keep all work areas clean and free from pests

·    Report incidents that impact on quality of food

·    Report if they are suffering from a communicable disease and take appropriate preventative actions

c) Volunteer deliverers will

·    Abide by the rules governing safe food delivery

·    Report any concerns to the coordinator or the contact person in their own area.

4.2.2Training

·    All paid staff receive training in Safe Food Handling Practices

·    All volunteers are offered training in Safe Food Handling Practices

·    Volunteers will be reminded of Safe Food Handling Practices annually via the Newsletter

5. Hygiene Policy

Staff, care-givers and volunteers will at all times follow proper hygiene procedures to eliminate the risk of transmission of infections such as gastroenteritis, hepatitis A and B. These hygiene procedures when followed are more than adequate to prevent the transmission of H.I.V.

A.   Cuts or lesions (e.g. dermatitis or eczema) on the hands should be covered or disposable gloves worn when dealing with faeces, urine or blood.  Healthy skin provides an adequate barrier to infection so it is important to look after skin (e.g. use hand cream after washing hands).

B.   The service will encourage the following procedures to be carried out at all times by the care-giver, staff, volunteers and Service Users to:

a) Always wash hands

I.    Before preparing food

II.   Before eating

III.  After toileting

IV.  Before (if possible) and after giving first aid

b) Wash blood, faeces and urine off skin with warm soapy water

c) Clean up any spilt blood or faeces with a bleach solution of 1 part household bleach to 10 parts water

d) Soak any bloodied cloths or implements used for First Aid in the recommended bleach solution.

C.         Staff (paid and unpaid) will be encouraged to receive immunisation for:

a) Hepatitis B

b) Tetanus

c) Influenza

6. Service User Input into Service Provision

Each service user will have the opportunity to provide feedback regarding the way a service is provided:

a)   Service users will be surveyed three to four months after commencement of service to gauge service user satisfaction

b)   The Coordinator will reassess service users at least every 12 months (see Reassessment in Section 2, page 8 ) to identify changes in service user needs, abilities and goals. The reassessment will include a review of the care plan to ensure it continues to meet individual service user needs and promotes independence.

c)   Service users input will be sought at least annually by survey, focus groups or at time of reassessment

d)   Service to service users may be amended as a result of service users input and/ or the reassessment process.

e)   Service provision details will be recorded in the service user’s file

f)    Units of service provision will be recorded in DEX

A safety check on service user’s homes will be carried out

7. Recording of Service User Service Units

Policy

Service units will be recorded by relevant staff and placed in the MDS folder for entry on the DEX data base

8. Harassment in the Workplace Policy

See Council’s Staff Policy


Item 15 Ordinary Meeting 24 July 2018

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Item 18 Ordinary Meeting 24 July 2018

Item 18 - Annexure 2

 

 

cabonne logo

 

 

 

CABONNE COUNCIL

PO Box 17 MOLONG NSW 2866

TELEPHONE :  02 6392 3200

FACSIMILE: 02 6392 3260

Email: council@cabonne.nsw.gov.au

Website: www.cabonne.nsw.gov.au

 

 

 

Event Assistance Program Application Form

 

1. Details of the Organisation

Name of Organisation

Molong Advancement Group Inc

Organisation Address

House Number/Name/ PO Box

 

 

Street/Road

P O Box 263

 

 

City

 

State

 

Postcode

Molong

 

NSW

 

2866

Telephone

 

Fax

 

Email

02 63668593

 

 

 

marjboll@skymesh.com.au

Contact Person

 

Position in Organisation

Marj Bollinger

 

Vice Chair

Is the organisation   yes  registered for GST 

Does the organisation have an ABN?   ¨ yes 12620 434 931        

Does the organisation have insurance, including public liability cover?    yes         

 

What is the aim of your organisation?

Working cooperatively for the future of Molong through representation, promotion and education

 

 

 

 

Does your organisation have a plan/strategy?          ¨ no

 (Please attach if yes)

 

 

 

 

 

 

 

2.   Event Title

Name of the event

Molong Village Markets

 

 

 

 

Funding Category Applying For (Please tick)

1 Flagship Event       1 Core Event       1 Developing Event

 

3. Details of the Proposal

Please provide a general description of the event.

Molong Advancement Group conduct Village Markets three times a year, now at the Recreation Ground where the event has tripled in size since moving there from the Village Green. The event attracts stallholders form a wide field that include Mudgee, Dubbo, Wellington, Parkes, Forbes, Cowra, Blayney Cabonne, Bathurst and Orange to name some.

Visitation has also increased considerably according to stallholders who have observed to number of passing vehicles that stop to come into the Markets and enquire about Molong.

 

 

 

 

 

 

 

 

 


Where and when is the event to take place?

Molong Recreation Ground 29 July 2018

 

 

 

 


How will the event raise the profile of the Cabonne Council?

The Markets are more visible to passing traffic since moving to the Rec this is attracting patrons to stop to visit the Markets and discover what Molong has to offer and experience our hospitality. This in turn has prompted people to go to the CBD after the Markets rather than passing straight through.

Main Street businesses have verified this as they have reported increased sales on Market Days as well as observations of the number of vehicles parked in Bank Street as opposed to the normally vacant spaces on Sundays.

 

 

 

 

 


What local business opportunities will be created?

As stated above, increased visitations to Molong on Market Days provides opportunities for local businesses who are open to benefit from people who chose to stop rather than passing through.

 

 

 

 

 

 

 

 

 


How many people are expected to attend the event from within and outside the Shire?

It is difficult to estimate the number of attendees as to date we have not been able to monitored entry points to be able to place a number entering the ground. However the April Markets attracted 66 stallholders who occupied 72 sites coming from as far afield as, Mudgee, Dubbo, Wellington, Parkes, Forbes, Cowra, Blayney Cabonne, Bathurst and Orange.

All stallholders were spoken to prior to them leaving the ground and reported having had a ‘successful’ day with many commenting on the large number of people who had mentioned they were travellers passing through and hadn’t stopped before and didn’t know what a nice place Molong was. One comment was, ’We don’t know where we are, just stopped when we saw the Markets but this is a lovely little place, what else is here.

 

 

 

 


What benefits will be returned to the Cabonne Community

All proceeds raised by Molong Advancement Group on the day are returned to the Molong Community in many different ways. Be it supporting individuals or other community organisations or contributing towards grant application projects.

Some examples would be Donating First Aid equipment to the Hockey Club, Financial support for the completion of the Cenotaph on the Village Green and numerous upgrades at the Rec that included the picket fence.

 

 

 

 

 

 

 

 


Please list any other community groups involved with this event?

Many MAG members are also members of other organisations that include Rotary, Molong Show Society and sporting groups.

 

 

 

 

 

 


4. Assistance requested

Type of assistance

Details

Value of Assistance exclusive of GST

(Council  to provide estimate for in kind items)

Funding to cover promotion and advertising for the Markets

 

 

 

 

Printing brochures, posters and flyers, Radio, Television, newspaper  and Social Media

$2,000.00

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

$

Total Assistance requested

 

 

 

$2,000.00

 

Will you require payment of EAP grant prior to lodging the Acquittal Form (please tick)

¨ yes          ¨ no

 

 

5. Supporting Information

The following supporting information is attached with this application:

APPLICANT

Please tick P

 

INFORMATION

COUNCIL

YES  

NO

YES

NO

 

 

A quote outlining project costs (if applicable)

 

 

 

 

Two (2) letters of support

 

 

 

 

6. Applicants Signature

The applicant, or the applicant’s agent, must sign the application

Name

 

Position in Organisation

Marj Bollinger

 

Vice Chair

Signature

 

Date

 

25 June, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OFFICE USE ONLY

Tick P

 

Date

Name

Signature

 

Letter of Acknowledgement

 

 

 

 

Referral to ED & T Committee & Council

 

 

 

 

Determination of Application

 

 

 

 

Acceptance Form received

 

 

 

 

Project Completed

 

 

 

 

Grant acquittal completed and returned.

 

 

 

 

Funding provided to applicant

 

 

 

 


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GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 24 July, 2018

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      INVESTMENTS SUMMARY................................................................. 2

ITEM 2      RATES SUMMARY................................................................................ 2

ITEM 3      RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING    2

ITEM 4      COMMUNITY FACILITATION FUND................................................. 2

ITEM 5      REVIEW OF CABONNE HEALTH SERVICES................................ 2

ITEM 6      REVIEW OF ACCOMMODATION FOR AGED PEOPLE IN CABONNE      2

ITEM 7      HERITAGE ADVISOR'S REPORT..................................................... 2

ITEM 8      ENGINEERING AND TECHNICAL SERVICES REPORT - JULY UPDATE         2

ITEM 9      DEVELOPMENT APPLICATIONS RECEIVED DURING JUNE 2018 2

ITEM 10    DEVELOPMENT APPLICATIONS APPROVED DURING JUNE 2018         2

ITEM 11    MEDIAN PROCESSING TIMES 2018................................................ 2

ITEM 12    BURIAL STATISTICS........................................................................... 2  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    Investments Summary June 2018............................. 2

ANNEXURE 2.1    Rates graph June 2018.................................................. 2

ANNEXURE 3.1    Council................................................................................... 2

ANNEXURE 3.2    Traffic Light Report Summary............................... 2

ANNEXURE 7.1    Heritage Advisors Report - July 2018................. 2

ANNEXURE 8.1    Engineering Capital Works and Expenditure report July  2018............................................................................................ 2 

 


 

 

ITEM 1 - INVESTMENTS SUMMARY

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to Council's Investment Schedule.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.b. Maximise secure income through investments

Annexures

1.  Investments Summary June 2018    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 938552

 

Finance Manager's REPORT

 

Council’s investments as at 30 June 2018 stand at a total of $44,452,294.

 

Council’s average interest rate for the month was 2.50%. The effect of the low cash rate is having a negative impact on term deposit rates offered by financial institutions. The Reserve Bank’s official cash rate remained steady at 1.50% during the month of June. However, Council’s average rate is higher than Council’s benchmark rate of the 30 Day Bank Bill Swap Rate of 2.01%. 

 

Council’s investments are held with multiple Australian financial Institutions with varying credit ratings according to Council’s Investment Policy. The annexure to this report shows a break up of each individual institution that Council invests with and its “Standard and Poor’s” Credit Rating.

 

The Schedule of Investments for June 2018 is attached for Council’s information.

 

 

ITEM 2 - RATES SUMMARY

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to Council's Rates collections.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.a - Level of rate of collection

Annexures

1.  Rates graph June 2018    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 940863

 

Senior Rates Officer's REPORT

 

Rate Collection Summary to 30 June 2018 is attached for Council’s information.  The percentage collected is 94.7%, which is the same as 30 June 2017.

 

 

 

ITEM 3 - RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING

REPORT IN BRIEF

 

Reason For Report

To provide Council with a report on progress made in actioning its resolutions up to last month's Council meeting and any committee meetings held.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.a. Provide quality administrative support and governance to councillors and residents

Annexures

1.  Council

2.  Traffic Light Report Summary    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\RESOLUTION REGISTER - 941517

 

General Manager's REPORT

 

InfoCouncil generated reports are annexed including actions up to the previous month’s meetings resolutions.

 

Progress comments are provided until the final action comment which will also show “COMPLETE”: that item will then be removed from the register once resolved by the council.

 

Attached also is the “traffic light” indicator system that enables the council to identify potential areas of concern at a glance.

 

Councillors should raise any issues directly with the directors as per the mayor’s request.

 

 

ITEM 4 - COMMUNITY FACILITATION FUND

REPORT IN BRIEF

 

Reason For Report

To report on approved expenditure under the Community Facilitation Fund (CFF).

Policy Implications

Nil

Budget Implications

Within existing budget allocation

IPR Linkage

3.3.5.a. Review community need for new and upgraded facilities

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\COMMUNITY FACILITATION FUND - 941455

 

General Manager's REPORT

 

Council adopted guidelines for the Community Facilitation Fund (CFF) in March 2015.  The CFF was created for smaller community projects not originally included in the council’s budget, to be allocated at the discretion of the Mayor and Deputy Mayor.

 

As a reminder, the guidelines for the CFF are as follows:

 

1.   Projects where no existing vote for the works has been allocated or the vote is insufficient to complete the project.

 

2.   Recipients must be community based not-for-profit groups.

 

3.   Mayor and Deputy Mayor to jointly approve funds (with the General Manager as proxy if one is not available).

 

4.   Allocation of funds to be reported to the next available council meeting.

 

5.   Limit of $3,000 per allocation unless other approved by council.

 

There were NIL allocation of funds made in the past month.

 

ITEM 5 - REVIEW OF CABONNE HEALTH SERVICES

REPORT IN BRIEF

 

Reason For Report

Undertake a review of the health services in Cabonne

Policy Implications

NIl

Budget Implications

Nil

IPR Linkage

3.2.3.a Undertake review of Health services

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PUBLIC HEALTH\SERVICE PROVISION\HEALTH CENTRES - 939562

 

Community Services Manager's REPORT

 

Cabonne Shire has an extensive array of health and medical services and support available to residents. Along with the following services, Cabonne also has four pharmacies and only one dentist.

 

In the 2016 Census, health care ranked as the second highest employer at 12.8%.

 

CANOWINDRA

Community Health Centre

Services available include:

o District and Community Nurse

o Dietician

o Dementia counsellor

o Speech therapist

o Audiometry

o Psychiatrist

o Social worker

o Drug and alcohol information and referral

o Diabetes educator

o Sexual health

o Women’s health clinic

 

Soldier’s Memorial Hospital

Services available include:

o Emergency services

o Acute and long-term beds

o Occupational therapist

o Physiotherapist

o Day centre

 

Canowindra Medical Practice & Skin Clinic

o GP clinic - four GPs

o Skin clinic

o Monday - Friday, 9.00am - 5.00pm

 

Dr Nicholas O’Ryan Medical Practice

o GP clinic

o Nurse

o Visiting psychology service

o Monday - Friday, 9.00am - 5.30pm

 

CARGO

Community Nurse home visits from Canowindra Community Health

 

CUDAL

Cudal Health Service

Services available include:

o Emergency services

o Acute care

o General medicine

o Community nurse

o Regular GP clinic

o Open Tuesday 9.00am – 11.00am and Thursday 9.00am – 1.00pm

o There are no beds, only a Community Health Service

 

 

CUMNOCK

o Community nurse clinic by Health One Molong

o Child and family clinic

o Open Monday and Wednesday 8.30am – 5.00pm

 

EUGOWRA

Eugowra Memorial Multi-Purpose Service

Services available include:

o Primary health

o Emergency services

o Acute care

o Palliative care

o Aged care

o Respite services

o Allied health

o Oral health

o Community nurse

 

Dr Vikki Wymer Medical Practice

o GP Clinic

o Open Monday 9.00am - 5.00pm, Tuesday 9.00am - 11.00am, and      Thursday 9.00am - 4.00pm

 

MANILDRA

Community Health Centre

Services available include:

o GP clinic

o Psychology clinic

o Podiatry

o Child and family clinic

o Open Tuesday and Friday 9.00am – 1.00pm

 

MOLONG

Waluwin Health One

Services available include:

o General practice

o Physiotherapy

o Psychology services

o Podiatry

o Pathology

o Dietician

o Maternal, child and family health

o Occupational therapy

o Speech pathology

o Walk-in non-emergency clinic

o Community nurse

o Open Monday - Friday 8.30am - 5.30pm

 

Molong Health Service

Services available include:

o Emergency services

o General medicine

o Palliative

o Respiratory

o Aged care

o Respite

 

Molong Medical Practice

o GP Clinic

o Skin Cancer Clinic

 

YEOVAL

Community Health Centre

o GP clinic

o Psychology clinic

o Podiatry

o Child and family clinic

o Open Tuesday and Friday 9.00am - 1.00pm

 

ITEM 6 - REVIEW OF ACCOMMODATION FOR AGED PEOPLE IN CABONNE

REPORT IN BRIEF

 

Reason For Report

To document the provision of accommodation for aged people in Cabonne

Policy Implications

NIL

Budget Implications

NIL

IPR Linkage

3.2.1.a Identify challenges and opportunities for aged care facilities /services

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVIDERS\AGED CARE SERVICES - 939027

 

Community Services Manager's REPORT

 

There are a variety of aged accommodation services within Cabonne. This includes hostels and nursing homes, resident funded aged care units, Multi-Purpose Health Facilities and rental units.

 

Accommodation available to aged people within Cabonne is as follows:

 

UPA Molong

·    Molong Lodge Retirement Village

o 22 modern and comfortable two-bedroom units.

o The village on Hill Street also has access to the UPA Community Centre, security, Medi-Alert and 24-hour on-site maintenance.

o Residents pay a substantial bond to be accommodated at the Village, with this bond being mostly refunded upon vacating.

o There is also a fortnightly maintenance charge for the upkeep of the units.

 

·    Prunus Lodge

o 28 bed Residential Aged Care Facility.

o Prunus Lodge recently underwent renovations and refurbishments with all 28 rooms being private and spacious with an ensuite.

o A Refundable Accommodation Deposit (RAD), otherwise known as a bond, is required and is based on income and assets test. No RAD is required for respite residents.

o A daily fee is also payable which is 85% of the basic pension. This fee is indexed by the Government and is increased twice per year in line with pension increases.

 

·    Rose Cottage – is incorporated within Prunus Lodge and is a secure, dementia specific 12-bed unit.

 

UPA Yeoval

·    Consists of Hazelholme Hostel, Yeoval Community Nursing Home and a UPA Yeoval Home Care Service.

·    The Home Care Service administers 12 Level 1 – Level 4 Home Care Packages to residents of Yeoval and surrounding villages.

·    A Refundable Accommodation Deposit (RAD), otherwise known as a bond, is required and is based on income and assets test. No RAD is required for respite residents.

·    A daily fee is also payable which is 85% of the basic pension. This fee is indexed by the Government and is increased twice per year in line with pension increases.

 

Moyne Aged Care Plus, Canowindra

·    The Salvation Army runs Moyne Aged Care Plus Nursing Home and Hostel at Canowindra. There are a total of 63 beds within the complex catering to a variety of care needs, including Respite. Moyne is currently at full capacity, with six on the waiting list.

·    Moyne offers single, twin, triple and quad rooms. Both the single and shared double rooms have en-suites.

·    Facilities available to residents include a full-time Chaplain, village bus, hairdresser, library and gymnasium.

·    A Refundable Accommodation Deposit (RAD), otherwise known as a bond, is required and is based on income and assets test. No RAD is required for respite residents.

·    A daily fee is also payable which is 85% of the basic pension is. This fee is indexed by the Government and is increased twice per year in line with pension increases.

 

Manildra Lions Club

·    There are 11 single units, 2 two-bedroom units and a cottage available through the Lions Club for pensioners.

·    Tenants pay four weeks bond to enter plus weekly rent.

·    All units / cottage are at full capacity.

·    The Lions Club at Manildra caters for various local events, such as the Manildra Show, Australia Day, Christmas Fireworks and clearing sales, to raise money for maintenance.

 

Molong Yarn Market

·    The Molong Yarn Market has seven self-contained units available for aged people.

·    There is a small upfront fee alongside a weekly maintenance fee.

 

Acacia Lodge, Boree Lodge & Durack Court

·    A s.355 Committee has been delegated the care, control and management of Acacia Lodge, Boree Lodge and Durack Court.

·    Acacia Lodge in Edward Street, Molong has three two-bedroom units and a three-bedroom cottage.

·    Boree Lodge in Wall Street, Cudal has four two-bedroom units.

·    Durack Court in Edward Street, Molong has three two-bedroom units.

·    All units / cottages are at full capacity, with two on the waiting list for Molong.

·    All units / cottage is available to pensioners at a discounted weekly rental. An entrance bond is also required from tenants.

 

Western NSW Local Health District

·    Eugowra Memorial Multi-Purpose Service

o provides continuity of care. The MPS offers both permanent care, respite care, a day centre and visiting allied health services.

o The structure of the MPS allows the integrated range of health services, including acute care, subacute (palliative and respite), aged care, emergency care, primary health and community nursing services.

·    The Molong Hospital

o Reconstruction and refurbishment of the Residential Care ward is complete. This has enhanced the existing area which is now more modern and comfortable. There are now 18 aged care beds with one being dedicated to respite care. All rooms are single occupancy with en-suites.

 

Eugowra Self-Care Units

·    A s.355 Committee has been delegated the care, control and management of the Eugowra Self-Care Units. There are five one-bedroom units in Nanima Street, Eugowra.

·    The committee have a long term plan to expand and have been in talks with Council in regards to suitable land to purchase which fits the regulations for Aged Units.

 

There is a wide range of accommodation options for aged people within Cabonne and this area has been successful in attracting retirees to live locally. A high factor of this has been the close proximity to health services.

 

Council’s continued support of its communities through provision of aged services and improving accessibility throughout villages helps make Cabonne an attractive place for older people to live.

 

ITEM 7 - HERITAGE ADVISOR'S REPORT

REPORT IN BRIEF

 

Reason For Report

Providing councillors with a copy of the Heritage Advisor's report.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.3.2.b - Heritage advisory service provided

Annexures

1.  Heritage Advisors Report - July 2018    

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\REPORTS\HERITAGE - 2018 - 939349

 

Director of Environmental Services' REPORT


A copy of the Heritage Advisor’s Report for July 2018 is attached for the information of the council.

 

 

ITEM 8 - ENGINEERING AND TECHNICAL SERVICES REPORT - JULY UPDATE

REPORT IN BRIEF

 

Reason For Report

To update Council on works in progress in the Engineering and Technical Services Department

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.a Provide quality administrative support and governance to councillors and residents

Annexures

1.  Engineering Capital Works and Expenditure report July  2018    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\REPORTING\ENGINEERING AND TECHNICAL SERVICES REPORTING - 941104

 

Director of Engineering & Technical Services' REPORT

 

Please find attached to this report an update of the 2018-2019 works in progress in the Engineering and Technical Services Department.

 

 

ITEM 9 - DEVELOPMENT APPLICATIONS RECEIVED DURING JUNE 2018

REPORT IN BRIEF

 

Reason For Report

Details of development applications received during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 938310

 

Director of Environmental Services' REPORT

 

Development Applications have been received during the period 01/06/2018 to 30/06/2018 as detailed below.

 

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

Section 68 Only x 6

$----

Modification to Subdivision

$----

Modification to 10 Lot Rural Subdivision

$----

Depot (Storage of Buses)

$----

Subdivision

$----

Change of Use

$----

Food and Drink Premises (Licensed Premises)

$----

Boundary Adjustment

$----

Farm Shed

$45,000

Alterations & Additions to a Dwelling

$8,500

Awning over Swimming Pool

$50,000

Dual Occupancy (Manufactured Dwelling)

$101,418

Above Ground Swimming Pool

$19,000

Dwellings (x2) and Subdivision

$340,000

Carport

$10,800

Storage Shed

$20,000

Dwelling

$267,150

Alterations & Additions to Existing Dwelling

$300,000

Carport and Enclose Existing Carport

$10,295

Dwelling

$400,000

Dwelling

$400,000

Alterations & Additions to Existing Motel

$450,000

Alterations & Additions to Existing Church

$467,095

TOTAL: 28

$2,889,258

 

 

 

 

SUMMARY OF COMPLYING DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

Single Storey Dwelling with Attached Porch

$358,775

TOTAL: 1

$358,775

GRAND TOTAL: 29

$3,248,033

 

 

ITEM 10 - DEVELOPMENT APPLICATIONS APPROVED DURING JUNE 2018

REPORT IN BRIEF

 

Reason For Report

Details of development applications approved during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 938240

 

Director of Environmental Services' REPORT

 

Development Applications have been approved during the period 01/06/2018 to 30/06/2018 as detailed below.

         

SUMMARY OF APPROVED DEVELOPMENT APPLICATIONS

 

TYPE

ESTIMATED VALUE

Section 68 Only x 3

$-----

Modification to Temporary Primitive Camping Ground

$-----

3 Lot Subdivision

$-----

5 Lot Rural Subdivision

$-----

Depot (Storage of Buses)

$-----

Dwelling

$462,920

Alterations & Additions to Existing Dwelling

$140,000

Farm Shed

$45,000

Agricultural Produce Industry (Winery) & Signage

$700,000

Storage Shed

$18,000

Machinery Shed with Workshop & Amenities

$260,000

Above Ground Swimming Pool

$19,000

Alterations & Additions to a Dwelling

$8,500

Carport

$10,800

Awning over Swimming Pool

$50,000

Farm Stay Accommodation

$300,000

Demolition of Dwelling

$20,000

Alterations & Additions to Community Facility

$900,000

TOTAL: 20

$2,934,220

 

 

SUMMARY OF APPROVED COMPLYING DEVELOPMENT APPLICATIONS

                                            

TYPE

ESTIMATED VALUE

Single Storey Dwelling with attached Porch

$358,775

TOTAL: 1

$358,775

 

GRAND TOTAL: 21

$3,292,995

Previous Month: 51

$5,457,539

 

 

ITEM 11 - MEDIAN PROCESSING TIMES 2018

REPORT IN BRIEF

 

Reason For Report

To provide information on median processing times.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Assess and determine development applications,construction certificate applications and Onsite Sewerage Management Systems (OSMS) to meet agreed service levels

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 939348

 

Director of Environmental Services' REPORT

 

Summary of median Application Processing Times over the last five years for the month of June:

 

YEAR

MEDIAN ACTUAL DAYS

2013

21.5

2014

13

2015

46

2016

32

2017

30

 

Summary of median Application Processing Times for 2018:

 

MONTH

MEDIAN ACTUAL DAYS

January

36

February

24.5

March

22

April

21.5

May

31

June

24.5

July

 

August

 

September

 

October

 

November

 

December

 

 

 

ITEM 12 - BURIAL STATISTICS

REPORT IN BRIEF

 

Reason For Report

To provide information on burial statistics.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.3.1.a - Maintain cemeteries in accordance with community requirements

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PUBLIC HEALTH\CEMETERIES\REPORTING -  BURIAL STATISTICS - 938917

 

Director of Environmental Services' REPORT

 

YEAR

NO OF BURIALS

2006/07

59

2007/08

62

2008/09

57

2009/10

65

2010/11

40

2011/12

54

2012/13

54

2013/14

80

2014/15

66

2015/16

64

2016/17

41

July

7

August

8

September

9

October

7

November

4

December

4

January

4

February

0

March

6

April

7

May

4

June

7

Total

67

  


Item 1 Ordinary Meeting 24 July 2018

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Item 8 Ordinary Meeting 24 July 2018

Item 8 - Annexure 1

 

 

ENGINEERING EXPENDITURE and PROJECTS FOR 2017/2018

 

 

JULY 2018 REPORT

Budget

Actuals

14 - Administration

$4,864,500

 

Plant Fund Plant Purchases

$3,333,886

$2,128,644

Replace Council's Website

$69,000

$40,500

Connellys Store Upgrade – internal upgrade.

$72,436

$8,580

Telephone System Replacement landline

$80,500

$64,081

Orange  Depot -Installation of Security Fence and Gate

$34,500

$33,540

Orange Depot - Lunchroom & Storage for Equipment

$11,500

$8,398

Refurbishment of Canowindra HACC Office and Library

$31,533.00

$6,588

Yeoval Depot - Supply and Install Air Conditioner

$2,990

$2,231

Cumnock  Depot - Supply and Install Air Conditioner

$2,990

$2,227

Replace Waluwin Alarm and Access Control System

$17,250

$14,891

Redundant Network Links - Using the NBN install  redundant network links to offices, depots

$57,500

$4,606 

Purchase of Asset Management Software and Necessary Training

$100,000

$46,800

GS Scan Vehicle tester

$17,250

$13,600

Hitech Support - 40 Hours Assistance

$9,775

$8,480

Configuration of Spectrum Spatial Analyst - Exponaire's replacement

$57,500

$0

Upgrade Caterpillar Diagnostic Computer Software

$17,250

$7,405

16 - Public Order & Safety

$413,694

 

Moorbel Bush Fire shed

$38,287

$111,476

The Ponds  Extension

$22,111

$1,840

Lidster Fire Station

$193,426.00

$107,089

Cumnock RFS Station

$400,000

$169,956

North Bangaroo RFS Station

$200,000

$79,254

19 - Environment

$3,303,126

 

Install Solar Security at Council's 6 Waste Management Facilities

$207,000

$0 

Voluntary Purchase –  5 Betts Street, Molong

$300,000

$194,836

Molong Floodplain - Flood Levee

$66,551.00

$31,681

Canowindra Stormwater Drainage - Stage 1

$200,000

$413.50

Puzzle Flat Creek Levee

$2,426,625

$248.80

Eugowra Storm Water - Plan for 17/18 Budget

$88,000

$0 

22 - Housing & Community Amenities

$131,611

 

Molong Cemetery - Upgrade/complete internal driveways and pathways

$47,086

$12,993 

24 - Cabonne Water

$15,617,364

 

Water Assets - Electronic Meter Roll Out

$244,088

$0

Water Assets - Telemetry Base Infrastructure

$73,140

$18,775

Water Assets - Molong  Cumnock and Yeoval Installation of Gateways  and Receivers for New Meter Conn

$54,280

$0

Water Assets - Molong  Cumnock and Yeoval  Base Infrastructure for  Integration of Smart   Meters

$78,545

$12,345

Reservoir Cleaning

$11,500

$11,406

Calibration of Water treatment plant

$11,500

$3,676

Turbidity meter testing

$14,950

$0

Contingency plant for Backwash system

$23,000

$0

Online Chlorine Monitoring

$0.00

$0

26 - Small Town Sewer

$373,750

 

STSS Assets - Cudal STP - Inlet Structure

$40,250

$23,792

Inlets and Outlets for the 4 Town Sewer

$92,000

$0 

Telemetry installation for Sewer

$92,000

$17,355

Additional E1 replacements & repair of pumps

$115,000

$56,506

STSS  Assets - Manildra STP Inlet Structure

$34,500

$21,143

27 - Cabonne Sewer

$886,793

 

Sewer Assets - All Weather Bypass and Thistle St Pump Station Electrical Upgrade

$120,060

$0

Sewer Assets - Canowindra Sewer - Sludge  Disposal Treatment Rectification

$80,577

$96,945

Sewer Assets - Molong STP - Sludge  Disposal Treatment Rectification

$140,000

$78,852

Sewer Assets - Eugowra STP Inlet Structure -   Construct New Inlet Structure

$34,626

$0 

Sewer Assets - Mechanical Mixers - Upgrade of Aeration System at the Molong STP

$132,030

$0 

Sewer Assets - Main pump at Canowindra STP

$0.00

$0 

Sewer Assets - Safety issues at Canowindra STP

$0.00

$0 

Sewer Assets - Thistle Street Pump station

$0.00

$0 

28 - Recreation & Culture

$4,513,447

 

Village Enhancement Program (VEP) 2017/2018

$218,320.00

$3,374

Cudal Hall Refurbishment (continued from 2016/2018)

$79,258.00

$79,258

Cumnock Showground - New Amenities Building

$168,601.00

$159,994

Age of Fishes Museum - Fossil Storage Facility

$594,192.00

$353,787

Molong Library -  Establishment /Refurbishment / Construction

$1,203,736.00

$62,536

Pool Cleaners - 4 shallow pool cleaners for the wading pools

$10,925

$8,340

Manildra Pool -  Remove and Replace Loose edges on tiles around small and large pools

$20,700

$17,961

Canowindra Pool  - Upgrade power to Kitchen Powerboard

$2,875

$2,654

Eugowra Pool - Replace 4 Pumps

$15,870

$11,795

Regulation Signage for 6 pools as per Pool Audit

$47,100.00

$10,816

Safety Equipment  - Defibrillators  and   Backboards  for all Pools

$31,625

$23,771

Cumnock Pool - Replace Collapsed Inlet Lines to Wading Pools

$11,500

$13,705

Manildra Pool - New Chlorine Acid Controller

$11,500

$11,533

Cudal Pool - Remove and Replace loose edges on tiles

$6,900

$7,967

Molong  Pool - Remove and replace loose edge tiles around small pool

$11,500

$7,796

Molong Multipurpose Sports Facility - Lighting

$269,147.00

$231,109

32 - Mining Manufacturing & Construction

$307,874

 

Molong Quarry Limestone Storage Shed

$307,874

$297,610

34 - Transport and Communication

$9,894,185

 

 Local Road Construction - Urban Reseal Program

$334,906

235,956

 

 

 

Local Road Construction - Rural Reseal Program

$1,108,340

$921,120 

Davys Plains Road

$92,583

$58,039

Gowan Road

$17,137

$15,840

Kerrs Creek Road

$12,500

$3,578

Ophir Road

$11,000

$7,041

Vittoria Road

$34,500

$28,092

Baldry Road

$174,000

$142,180

Belgravia Road

$24,000

$18,490

Borenore Road

$18,000

$10,129

Bowan Park Road Lot 1

$12,000

$12,133

Bowan Park Road Lot 2

$24,000

$22,034

Cadia Road

$46,400

$27,904

Davys Plains Road

$29,000

$24,445

Euchareena Road

$30,000

$22,012

Eurimbla Road

$87,000

$81,030

Garra Road

$47,000

$41,434

Griffin Road

$32,500

$27,131

Gumble Road

$97,000

$44,684

John Carroll Lane

$13,500

$5,461

Kurrajong Road

$45,000

$39,764

Long Point Road

$57,000

$55,792

Longs Corner Road

$69,000

$36,559

Lower Lewis Ponds Road

$24,000

$16,998

Lyndale Road

$15,440

$6,622

Moorbel Drive

$65,500

$50,408

Packham Drive

$28,000

$17,828

Square Road

$66,000

$48,288

Thomas Kite Road

$20,000

$12,092

Vittoria Road

$39,000

$22,800

Wellington Street – Molong

$45,000

$30,346

Rural Road Reseal Additional

 

 

Strathmore Lane

$61,000

$4,162

Tantallon Road

$173,756

$0

Strathnook Lane

$56,000

$174

Kjollers Road

$65,000

$2,440

Local Road Construction - Heavy Patching

$1,286,150

$869,208 

Baldry Road

$57,500

$67,855

Betts Street, Molong

$90,000

$61,798

Bowan Park Road

$63,000

$48,006

Four Mile Creek Road

$33,000

$23,550

Gavins Lane

$60,000

$32,965

Gazzard Road

$48,000

$8,207

Gumble Road

$51,000

$34,724

Icely Road

$135,000

$83,435

Long Point Road (at Burrendong Way intersection)

$10,000

$138

Longs Corner Road

$67,800

$52,652

Mulyan Road

$18,300

$15,515

Obley Rod

$70,320

$45,186

Ophir Road

$75,000

$86,973

Orchard Road

$30,000

$18,493

Packham Drive

$65,000

$44,720

Paytens Bridge Road

$81,000

$55,936

Strathnook Lane

$49,500

$29,586

Thomas Kite Lane, Windera

$30,771

$30,808

Additional Heavy Patching –not allocated

 

 

Forest Reefs Road

$100,000

$64,259

Pye Street Eugowra

$85,000

$64,960

Griffin Road

$70,000

$0

Deervale Lane

$85,000

$0

Davys Plains Road

$56,000

$1,803

Obley Road

$100,000

$2,777

Betts Street Molong AC Works

$32,000

$567

Packham Drive

$73,000

$344

Local Road Construction - Gravel Resheeting

$924,352

$638,421 

Avenel Road

$25,005

$26,243

Baldry Road

$20,338

$17,592

Bowans Lane

$14,998

$16,087

Bulgus Road

$32,200

$9,424

Carrolls Road

$32,200

$18,379

Cashen Lane

$32,200

$16,528

Cowriga Road

$32,200

$17,782

East Guyong Road

$25,189

$20,874

Favell Road

$32,200

$21,241

Glasson Road

$12,842

$16,359

Gowan Road

$32,200

$8,452 

Greenbah Road

$32,200

$16,371

Heckendorf Road

$19,284

$16,177

Kangaroobie Road

$48,300

$22,084 

Kildara Road

$31,799

$25,845 

Lookout Road

$35,650

$13,960

Meadow Bank Road

$21,244

$17,899

Pinecliffe Road

$29,873

$24,153 

Reedy Creek Road

$28,125

$28,546

Rocky Ponds Road

$23,408

$24,044

Rutherford  Lane

$21,149

$18,520 

Scenic Drive

$24,900

$24,900

Seales Lane

$65,683

$22,894

Strathmore Lane

$22,494

$18,106 

Trajere Road

$9,854

$12,103

Yellowbox Road

$41,507

$41,507

Projects as determined:-

$192,840

$27,262

Byng Road

$32,000

$15,349

Bocobra Road

$32,000

$12,218

Nanami Lane

$20,139

$1,861

Lemmons Lane

$28,000

$21,952

Rutherford Road

$28,000

$18,887

Waldergrave Road

$28,000

$325

Byng Road

$28,000

$8,761

Lockwood Road

$28,000

$7,748

Reedy Creek Road

$28,000

$4,991

Yellowbox Road

$28,000

$10,971

Fish Fossil Road

$28,000

$11,168

Nanami Lane (Cargo Road end)

$28,000

$5,798

Nyora Lane, Molong

$28,000

$17,552

Springvale Lane, Molong

$28,000

$18,528

Garra Cemetery Road (off Packham Drive)

$28,000

$18,061

Barrowong Road

$28,000

$8,772

Pratten Road

$28,000

$16,793

 

 

 

Local Road Construction - Submission list

65,450

Extension of Seal for Griffin Road

$65,450

$56,889 

Local Road Construction - Road To Recovery

$1,421,807

 

Belgravia Road Sealing $400,000 R2R, $485,500 Council

$861,057.00

$427,595

Gumble Road Sealing

$280,700

$274,004

Packham Drive Stage 4, R2R

$279,977

$25,955

Bocobra Road Shape & Seal R2R

$111,980

$97,393

Ophir Road - Road Widening Reconstruct Longitudinal Drainage & Seal

$341,774

$67,616

Davys Plains Road - Intersection Improvements Gavins Lane

$598,930

$621,719

Belgravia Road, Stage 3

$

$27,033

Icely Road

$

$27,529

Regional Road Construction - RMS Safety Program

$900,000

 

Cargo Road overtaking lanes - Quarry Hill

$900,000

$806,488

Regional Road Construction - RMS Repair Program

$440,000

 

MR238 (Nangar Road) Widen 4.3-6.6km from Warraderry Way (50/50 with RMS)

$580,000 

$302,896

Regional Road Construction - Heavy Patch & Reseal Program

$611,355

 

Heavy Patching - Cargo Road

$70,000

$70,828

Heavy Patching - Warraderry Way

$180,000

$116,409

Heavy Patching - Burrendong Way

$180,000

$60,938

Reseals - Nangar Road

$100,800

$63,194

Reseals - Banjo Patterson Way

$81,000

$63,879

State Roads

 

 

MR377 The Escort Way - Reedy Creek Stage 2

$616,000

 $426,816

HW7 - North Molong Rehabilitation

$1,597,695

$1,515,658

Heavy Patching

$529,000 

$397,627

Reseals

$950,000 

$735,556 

MR359 Shoulder (segment 50)

$132,984 

$41,627

MR359 Prime and seal Boree Creek Bridge, Peabody Road, new signage

$99,705

$21,743

MR377 The Escort Way - Reedy Creek Stage 3

$438,166

$268,931

MR377 Main Street Cudal, Install new blisters, pram ramps

$61,943

$53,668

MR61 reshape surface drains

$131,000

$120,436

MR310 replace Wire Rope with Guard Rail Safety Fence

$75,000

$23,078

HW7 Mitchell Highway – Heavy Patching for RMS

$377,848

$281,825

HW7 additional Heavy Patching

$34,675

$16,883

MR310 additional Heavy Patching

$42,427

$20,994

MR359 additional Heavy Patching

$60,217

$40,419

SH7 Install blisters, pram ramps, footpath, Kerb & Guttering near Rec entrance Watson St

$105,660

$102,991

Bridge Construction - Local Bridges

$1,581,250

 

Eurimbla Bridge, Cumnock

$876,250 

$638,261

Eurimbla Bridge Approaches

$705,000

$364,851

Stormwater Drainage Construction

$165,000

 

Culvert works from AMP list

$178,250

$69,013

Drainage for William Street,  Molong

$165,000

$113,131

 

 

STATE ROADS

MR377 Reedy Creek Stage 2

Works have been completed on The Escort Way Reedy Creek Shoulder Widening and Pavement Rehabilitation. Council’s contractor undertook sealing of 640m on the 20 July, and the remaining 400m was sealed on the 8 August. These works included a 350-metre long concrete dish drain at the base of the rock face cutting. 

MR377 Reedy Creek Stage 3

Works have commence on 12th April 2018, for the .600km section on MR377- The Escort Way, Reedy Creek Shoulder Widening and Pavement Rehabilitation. Sealing completed Tuesday 8th May 2018

North Molong Pavement Rehabilitation

Preliminary investigation works have been completed on the pavement rehabilitation works on the Mitchell Highway from the intersection of Edward Street and Hill Street to the 60/100 speed zone at North Molong. The length of the project is 1.7km.  These works will be carried out under the Roads Maintenance Council Contract (RMCC) with Council and is fully funded by the RMS.  Council has commenced widening of the drainage structures. The asphaltic pavement works were undertaken by RMS’s contractor and the works commenced on 13 November 2017 and will be completed by the 1st December 2017. The line marking to be undertaken by Council’s contractor, Monday 4th December. 

Council commenced pavement works in early January 2018.  Drainage works including culvert extensions and concrete dish drains are also under construction.

The project also includes the replacement of the safety barrier fence at Boree Hollow Creek bridge, the guard rail over the rail bridge and at the Moss Hollow Creek bridge.  Additional safety rail was placed near the intersection at Thistle Street and Reynolds Street.

Moss Hollow Bridge to the Molong Sewage Treatment Works was sealed on the 9 February, 2018. 

The 810 metres of concrete kerb throughout the job was completed on the 20th February, 2018.

As works have been completed, a handover with RMS has finalised this project.

 

Heavy Patching and Reseals

The Routine Maintenance budget for State Roads was $515,000.

The State Roads Heavy Patching programme commenced 9 October, 2017 at Eugowra, and works were completed on all RMS State roads 17th November.  Additional Asphaltic Concrete works were undertaken at Eugowra’s Pye Street intersection due to the turning of heavy vehicles.

RMS have allocated $529,000 for Heavy Patching and $950,000 for Reseals on State Roads, with all works completed.

Heavy patching was also undertaken for the RMS on The Mitchell Highway near Wellington, and further funding allowed additional heavy patching to be completed on State Highway 7 within Molong, on MR359 - Peabody Road, and on MR310 Canowindra Road.

This extra heavy patching funding totalled $515,167.00

The blister, pram ramps, footpath and kerb and guttering has been completed in the Main Street of Cudal, and also at the intersection of Hill and Gidley Street in Molong.

REGIONAL ROADS

Cargo Road Overtaking Lanes

Works commenced on 3 July 2017 at the Quarry Hill Overtaking Lane, south of Cargo.  Vegetation and culvert works have been completed.  The overtaking lane is north bound towards Cargo.  Bitumen sealing was completed on the 15 September, and Council’s contractors completed linemarking and safety rail on the 5 October 2017. 

Final seal was completed 6th April 2018, and linemarking was completed 26th April 2018

RMS REPAIR Program 2017/2018

The RMS REPAIR program for 2017/2018 is to fund shoulder widening on MR238 Nangar Road 4.3 to 6.6km from Warraderry Way intersection.  This is a 50/50 contribution from RMS and Council for a total of $580,000 for this project. The project commenced on the 7 May, 2018 and sealing was completed by Council’s contractors on the 13 June 2018.

NSW Government Fixing Country Roads – Banjo Patterson Way Widening Project

Banjo Paterson Way Widening Project was successful under Round Three of the NSW Governments Fixing Country Roads Program for $4,010,629 and a contribution from Cabonne Council of $545,858.  Design and development is currently under way in the 2017/2018 financial year, with construction works to be undertaken over the next two financial years.  This project has four stages, with Council to undertake works at Stage 2 in the first instance, commencing on the 23 July 2018.

Heavy Patching

Heavy Patching on Cargo Road, Burrendong Way and Warrederry Way regional roads has been completed.  The reseal program was  undertaken by Council’s contractors and completed on the 4th and 5th April 2018.

LOCAL ROADS

Roads to Recovery

Council has completed the final section of road works on Belgravia Road, including vegetation clearing, drainage works and sealing of 1.6 kms.  The 3.8km stage 1 and 2 of this project is now completed. 

Belgravia Road Stage 3 tree vegetation work has been completed, and the Councils road construction crew commenced earthworks on the 9 July, 2018.

The 1.45km of Gumble Road Sealing was completed on 21 December 2017.

Davys Plains Road - Gavins Lane intersection works commenced with the clearing and drainage works completed.  This also involved the excavation works to place gabion rock and gio fabric under the road base.  Works recommenced in late March to complete this project.  The road works are now completed. The safety guard rail has installed by Council’s contractor Summit Fencing.

Bocobra Road, from the Henry Way Parkes end, has been completed with 2.9km sealed on the 23 October, 2017.

The final seal for Packham Drive and Ophir Road were completed in March, 2018.

Gravel Resheeting

The Gravel Resheeting program has been completed.

Additional roads allocated to be resheeted (from the May council Meeting) were Burrawong Road, Byng Road, Fish Fossil Drive, Garra Cemetary Road, Gowan Road, Lemmons Road, Lockwood Road, Nanami Lane, Nyora Road, Pratten Road, Reedy Creek Road, Rutherford Road, Springvale Lane, Waldergrave Road, Yellowbox Road.  These works have been completed.

Maintenance Grading

Maintenance grading works have been completed on Archer Road, Bocobra Road.

Sealing

Spring Hill Road Sealing (revoted from 2016/17 budget) has been completed.  Reseals have been completed on the following roads - Square Road, Moorbel Drive, Bowan Park Road, Borenore Road, Long Point Road, Belgravia Road, Kerrs Creek Road, Longs Corner Road, Cadia Road, Davys Plains Road, Toogong Street in Toogong, Boree Street in Cudal, Hamilton Street in Cargo, Parks, Smith and Gidley Streets in Molong.  Total being $420,000.

Additional local roads allocated to be resealed (from the May council Meeting) were Belmore Street- Canowindra, Short Street – Canowindra, Strathmore Lane and Kjollers Road.  Total being $371,000. These works have been completed.

Heavy Patching

Heavy Patching has been completed on Baldry Road, Bowan Park Rod, Four Mile Creek Road, Gavins Lane, Gazzard Road, Gumble Road, Icely Road, Long Point/Burrendong Way, Longs Corner Road, Mulyan Road, Obley Road, Ophir Road, Orchard Road, Packham Drive, Patens Bridge Road, Strathnook Lane, Thomas Kite Lane, Forest Reefs Road, Pye Street Eugowra.  Works have commenced at Betts Street Molong from Euchareena Road to the Multi Purpose Centre.

Additional local roads allocated for heavy patching (from the May council Meeting) were Griffin Road, Deevale Lane, Davys Plains Road, Obley Road, Betts Street and Packham Drive.  Total being $426,000.  These works have been completed.

DRAINAGE

Ophir Road table drainage scouring works have been completed.

The new culvert structure and approaches have been completed on Burgoon Lane.

Mill Street Stormwater Drainage, Canowindra

Works commenced early July, 2017 to improve 420m of drainage at Mill Street Canowindra.  These works have been completed.

Stormwater Drainage for William Street, Molong

The new stormwater drainage culvert and approaches have been completed in Molong.

Gidley Street Molong Upgrade of Drainage Infrastructure.

Stage 1 - Stormwater Drainage Works commenced by Council’s Contractor in Gidley Street, Molong, on the 17 July, 2017.  The works are between Hill Street and Bank Street to upgrade the drainage infrastructure. These works are completed.

BRIDGES

Eurimbla Bridge, Cumnock.

The contractor has completed the bridge construction and Council has completed the construction of the road approaches to the Bridge 22 June, 2018.

Footpath work

Belmore Street, Canowindra – completed June 2018 , 145 L/M

Charlotte Street, Canowindra – completed June 2018, 90 L/M

Riddle St, Molong – Completed June 2018,  75 L/M

Bevan Lane, Mullion Creek – started 9th July 2018

King St, Yeoval – Completed June 2018, 30 L/M

Forbes St, Yeoval – Completed June 2018, 88 L/M

 

Kerb & Gutter 

Charlotte St, Canowindra – Completed June2018, 90 L/M

 

Blisters

Hill St, Molong – Completed June 2018

Wellington St, Molong – Completed June 2018

Main St, Cudal – Completed June 2018

King St, Yeoval –  (two sets) Completed June 2018

 

 

Central Tablelands water security for the Regions – Orange to molong Pipeline Project stage 1

·        The design and construction Ammerdown (Orange) to Molong Creek Dam Pipeline and associated break tank have been completed.

·        The design of Molong to Cumnock and Yeoval pipeline has been completed.

·        Approximately 35 km of pipeline have been laid, commencing from Molong and progressing towards Cumnock and Yeoval villages. The construction of the Molong Gidley Street pump station building and the Cumnock and Yeoval chlorine dosing buildings are in progress. 

 

NOXIOUS WEEDS DEPARTMENT

Work carried out since the last report.

·        Blackberry spraying program has finished up as large frosts have arrived.

·        Some tree sucker control work has been conducted on Long Point Road and Packham Drive 

·        Council’s grass control program has begun treating Serrated Tussock, African Love Grass, Chilean Needle Grass and Whiskey Grass

·        A program of Control of Century plant along Council roadsides has started 

 

URBAN SERVICES AND UTILITIES SECTION UPDATE

·        Fluoride dosing unit has been commissioned internally awaiting external sign off.

·        Tree planting program is ongoing.

·        Upper Bank St garden beds nearing completion.

·        Water main breaks completed as required.

·        New private water and sewer connections completed as required.

·        Sewer main breaks and chokes completed as required.

·        Hydrant inspection program completed.

·        Sheps garden corner project progressing.

·        E-one units repaired and replaced as required.

·        Tree pruning works completed as required.

·        Leaf removal works completed as required.

·        Major cleaning works on amenities buildings completed.

·        Hall maintenance works completed as required.

·        Multi-Purpose sports field turf works scoped and costed.

·        Cudal office gardens renovations are completed.

·        Project scoping, quotation and ordering has commenced into a number of projects identified in the recently allocated VEP works.

·        Thistle Street sewerage pump station retender commenced.

·        Effluent testing for all sites in Cabonne completed.

PROJECTS UPDATE

The current status of the main projects are as follows:

1.      Age of Fishes Museum Storage Facility

·        Roof sheeting installation completed

·        Frame for Mezzanine commenced

·        Awnings sheeted

·        Wall sheet installation completed

·        Hardstand area completed

·        Dish drain concreting completed

·        Vehicle layback concreting completed

2.      HACC Building - Awning

·        Roof frame completed

·        Roof sheeting installation completed

3.      Orana House

·        Tenders have been called

4.      Molong Truck Wash

·        DA has been submitted

·        Fee proposals have been evaluated for design consultancy services

5.      Pipeline – Molong to Cumnock and Yeoval

·        Construction is in progress

6.      Molong Sewer Pump Station

·        Re-Tender

7.      Molong Library

·        DA has been approved

·        Detailed design is in progress

8.       Management of Canowindra Swimming Pool

·        Tender evaluation has been completed

TECHNICAL SERVICES SECTION

·        Council has completed the Long Point Road Feasibility Study and this is with Mr Gee for potential funding.

·        Eugowra easements are ongoing. Documentation has been finalised and the plan lodged at Land Titles Office. Approvals are being sought from relevant land owners.

·        Council working closely with JHR to complete acquisition of land in Molong on the creek opposite mechanics, draft environmental report has been completed. Contract has been prepared and Council has signed their section, this has been sent to JHR for them to also sign.

·        Cargo Road, Bowan Park Road have been finalised.

·        Eurimbla Bridge acquisition is close to completion. Payment has been made and we are waiting on Exchange.

·        SMEC has completed flood report and this is being reviewed by Council and OEH. This is currently with OEH for reviewal