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]