cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

 

20 February 2019

 

NOTICE OF Ordinary Council Meeting

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Tuesday 26 February, 2019 commencing at 2:00pm , at the Cabonne Council Chambers, Bank Street, Molong to consider the undermentioned business.

 

 

 

Yours faithfully

HJ Nicholls

ACTING GENERAL MANAGER

 

 

ORDER OF BUSINESS

 

1)       Open Ordinary Meeting

2)       Consideration of Mayoral Minute

3)       Consideration of Acting 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

 

 

 

 

 

 

 

 

 

 


 

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 26 February, 2019

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 4

ITEM 2      DECLARATIONS OF INTEREST....................................................... 4

ITEM 3      MAYORAL MINUTE - APPOINTMENTS........................................... 5

ITEM 4      COMMITTEE OF THE WHOLE........................................................... 5

ITEM 5      GROUPING OF REPORT ADOPTION.............................................. 6

ITEM 6      CONFIRMATION OF THE MINUTES................................................. 7

ITEM 7      COUNCILLOR PROFESSIONAL DEVELOPMENT........................ 7

ITEM 8      GOVERNANCE, RISK MANAGEMENT AND BUSINESS IMPROVEMENT COMMITTEE........................................................................................... 9

ITEM 9      DRAFT INTEGRATED PLANNING AND REPORTING TIMETABLE 10

ITEM 10    ENGAGEMENT OF THE NEW SOUTH WALES ELECTORAL COMMISSIONER TO CONDUCT COUNCIL ELECTIONS................................................. 11

ITEM 11    POLICY REGISTER - UPDATES TO CODE OF CONDUCT AND PROCEDURES FOR ADMINISTRATION OF CODE OF CONDUCT..................... 12

ITEM 12    AUSTRALIA DAY AWARDS COMMITTEE MEETING................ 13

ITEM 13    POLICY REGISTER - UPDATE TO MOBILE PHONE POLICY. 14

ITEM 14    2018 AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION (NSW) ANNUAL CONFERENCE................................................................... 15

ITEM 15    APPLICATION FOR EXPENDITURE FROM CANOWINDRA TOWN IMPROVEMENT FUND....................................................................... 15

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

ITEM 17    CHANGE OF DATE FOR APRIL 2019 COUNCIL MEETING..... 17

ITEM 18    QUARTERLY BUDGET REVIEW .................................................... 18

ITEM 19    MOLONG STREET STALL SHELTER - LICENCE AGREEMENT 19

ITEM 20    REQUESTS FOR DONATIONS........................................................ 20

ITEM 21    REQUEST TO BECOME A REFUGEE WELCOME ZONE......... 22

ITEM 22    CABONNE ACQUISITIVE ART PRIZE........................................... 23

ITEM 23    EVENTS ASSISTANCE PROGRAM................................................ 26

ITEM 24    LOCAL GOVERNMENT TOURISM CONFERENCE 2019.......... 29

ITEM 25    REQUEST FOR HERITAGE GRANT FUNDING - PAINT AND REPAIR FRONT OF HERITAGE LISTED DWELLING 'HAWTHORNE' AT 100 BANK STREET, MOLONG ............................................................................................. 30

ITEM 26    QUESTIONS FOR NEXT MEETING................................................ 31

ITEM 27    BUSINESS PAPER ITEMS FOR NOTING...................................... 32

ITEM 28    MATTERS OF URGENCY................................................................. 32

ITEM 29    COMMITTEE OF THE WHOLE SECTION OF THE MEETING... 33

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

Procedural

ITEM 3      REQUEST FOR CONSIDERATION OF WATER CHARGES FOR 691300008

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

ITEM 4      DEBT RECOVERY REPORT OF OUTSTANDING DEBTS

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

ITEM 5      EVALUATION OF WHEELED LOADERS

Procedural   

 

ANNEXURE ITEMS

 

ANNEXURE 6.1    December 18 2018 Ordinary Council Meeting Minutes         35

ANNEXURE 7.1    Councillor Induction and Professional Development Guidelines.......................................................................... 48

ANNEXURE 8.1    Governance Risk Management and Business Improvement Committee Constitution December 2018....... 118

ANNEXURE 8.2    20181031 GRM_BI minutes........................................... 126

ANNEXURE 11.1  Frequently Asked Questions............................. 129

ANNEXURE 11.2  Code of Conduct Policy......................................... 136

ANNEXURE 11.3  Code of Conduct -  Procedure for the Administration of Policy................................................................................. 180

ANNEXURE 11.4  Updates Made to Code of Conduct Policy. 214

ANNEXURE 11.5  Updates Made to Procedure for the Administration of the Code of Conduct Policy......................................... 215

ANNEXURE 12.1  December 18 2018 Australia Day Committee Meeting Minutes                                                                                                 217

ANNEXURE 13.1  Draft Mobile Phone Policy................................... 221

ANNEXURE 14.1  ALGWA Make Your Mark 2019 Program........... 233

ANNEXURE 16.1  IP_R Second Quarter Review 20182019............ 239

ANNEXURE 18.1  December 2018 Quarterly Budget Review... 292

ANNEXURE 20.1  Manildra Bowling Club.......................................... 302

ANNEXURE 20.2  Country Womens Association of NSW........... 304

ANNEXURE 20.3  St Johns Ambulance Cadets................................ 305

ANNEXURE 20.4  Breastscreen 2019 Donation............................... 306

ANNEXURE 20.5  AAA NAIDOC School Initiatives Proposal 2019 307

ANNEXURE 21.1  Refugee Council of Australia RWZ Info for Councils     310

ANNEXURE 22.1  Cabonne Acquisitive Art Prize terms and conditions       314

ANNEXURE 23.1  Fields of Cargo - Events Assistance Program Application Form - 11-01-2019............................................................ 317

ANNEXURE 23.2  Canowindra Creative Centre Inc - Event Assistance Program Application............................................... 320 

 


 

 

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 - 981192

 

 

Recommendation

 

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

 

Acting 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 DECLARATIONS OF INTEREST - 2019 - 981193

 

 

Recommendation

 

THAT the Declarations of Interest be noted.

 

Acting General Manager's REPORT

 

A call for Declarations of Interest.

 

 

ITEM 3 - 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 - 981194

 

 

Recommendation

 

THAT the information contained in the Mayoral Minute be noted.

 

Acting 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 4 - 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 - 981195

 

 

Recommendation

 

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

 

Acting 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 5 - 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 - 981196

 

 

Recommendation

 

THAT:

1.    Councillors call any items they wish to further consider

2.    Items 6 to 13 be moved and seconded.

 

 

Acting General Manager's REPORT

 

Items 6 to 13 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 6 - 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

1.  December 18 2018 Ordinary Council Meeting Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2019 - 981198

 

 

Recommendation

 

THAT the minutes of the Ordinary meeting held 18 December 2018 be adopted.

 

Acting General Manager's REPORT

 

The following minutes are attached for endorsement:

 

1.   Minutes of the Ordinary Council meeting held on 18 December 2018.

 

ITEM 7 - COUNCILLOR PROFESSIONAL DEVELOPMENT

REPORT IN BRIEF

 

Reason For Report

Review of training and professional development opportunities.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.e - Provide adequate training & professional development opportunities for councillors

Annexures

1.  Councillor Induction and Professional Development Guidelines    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCILLORS - 2017-2020\PROFESSIONAL DEVELOPMENT - CONFERENCES - 986009

 

 

Recommendation

 

THAT Council:

 

1.  Note the Councillor Induction and Professional Development Guidelines.

2.  Note the 2019 training plan.

3.  Adopt a Councillor Induction and Professional Development Policy

 

Acting General Manager's REPORT

 

Amendments made to the Local Government Act 1993 in August 2016 saw the inclusion in the prescribed role of councillors, under section 232, a responsibility “to make all reasonable efforts to acquire and maintain the skills necessary to perform the role of a councillor”.  In support of this, regulations have been made requiring councils to provide induction training and ongoing professional development for mayors and councillors.

 

The Office of Local Government has issued guidelines under section 23A of the Act to assist councils to develop and deliver induction training and ongoing professional development activities for their mayor and councillors in compliance with the regulations.

 

Under the guidelines, councils’ induction and professional development programs are to consist of three elements:  pre-election candidate sessions; induction program; and professional development program.  The guidelines are attached for council’s information.

 

Council also has statutory requirements to report each year in their annual report on the participation of the mayor and each councillor in the induction and professional development program during that year, to reflect its commitment to uphold these statutory requirements in all relevant council policies and allocate an annual budget to support induction and professional development activities.  Council currently provides for this in its councillors expenses and facilities policy and budget allocation, however may also consider adopting a formal policy to reflect its commitment to ongoing professional development and a draft policy statement is attached for consideration.  

 

A summary of induction and other training/professional development sessions that councillors have undertaken since their election to council, along with a suggested training plan for 2019 is attached.  The training plan aims to align professional development with councillors requirements under S232 of the Act and includes two mandatory sessions on the new Model Code of Conduct and Model Code of Meeting Practice.  Other relevant training sessions are noted which can be delivered by LG NSW either in-house or at their training centre in Sydney.  Other opportunities, particularly those being held in close regional areas will be promoted to councillors as they come up.  Opportunities to deliver relevant training and professional development is also be pursued through the Central NSW Joint Organisation.  It is also worth noting that the guidelines recognise that professional development activities come by way of learning and development from experience, for example, on-the-job training, problem solving, exposure and practice; development through professional networks and memberships; and structured programs such as training courses, workshops, seminars, and briefing sessions.

 

ITEM 8 - GOVERNANCE, RISK MANAGEMENT AND BUSINESS IMPROVEMENT COMMITTEE

REPORT IN BRIEF

 

Reason For Report

To advise of changes and adopt the updated 2018
Constitution of the Governance, Risk Management and Business Improvement Committee.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.5.c - Comply with internal audit requirements

Annexures

1.  Governance Risk Management and Business Improvement Committee Constitution December 2018

2.  20181031 GRM_BI minutes    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\AUDIT\GOVERNANCE RISK MANAGEMENT AND BUSINESS IMPROVEMENT COMMITTEE - 981399

 

 

Recommendation

 

THAT Council adopt the updated 2018 version of the Governance, Risk Management and Business Improvement Committee Constitution and the minutes from the meeting held 31 October 2018.

 

Director of Finance and Corporate Services' REPORT

 

Previously the Governance, Risk Management and Business Improvement Committee (GRM&BI) Constitution stated that the Committee replaced the Work, Health and Safety Committtee.

 

Cabonne Council staff have recently reformed a Work, Health and Safety Committee and have therefore updated the GRM&BI Constitution as such.

 

A copy of the amended Constitution is attached for Council’s information and adoption if considered appropriate.

 

The committee met on 31 October 2018, the minutes of the meeting are attached for the information of Councillors.

 

ITEM 9 - DRAFT INTEGRATED PLANNING AND REPORTING TIMETABLE

REPORT IN BRIEF

 

Reason For Report

To set key dates for the development of the operational plan and budget.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.e - Development of the Annual Budget

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\BUDGETING\CABONNE COUNCIL ANNUAL BUDGET - 991890

 

 

Recommendation

 

THAT Council hold an extraordinary Council meeting on 11 June 2019 as required under the Integrated Planning & Reporting process.

 

Director of Finance and Corporate Services' REPORT

 

Council staff are currently working on the 2019/20 Operational Plan and Budget. They are also recalibrating the three year delivery program and ten year Long Term Financial Plan.

 

These are the key operational documents which ensure Council’s long term financial sustainability. In order to deliver the IP&R documentation, Council will need to hold an extraordinary meeting on Tuesday 11 June 2019.

 

Relevant dates for Councillors are as follows:

 

Council to receive a draft copy of the 2019/20 Budget, Operational Plan, and recalibrated Delivery Program and LTFP (IP&R documents)

Wednesday 24 April 2019

April Council meeting – Draft IP&R documents considered/adopted by Council

Tuesday 30 April 2019

Advertise all IP&R documents for the statutory period of 28 days

Wednesday 1 May 2019 to Saturday 1 June 2019

Council to receive report on submissions

Wednesday 5 June 2019

June extraordinary meeting/workshop – Consideration of submissions

Tuesday 11 June 2019

Report on adoption of final IP&R reports sent to Councillors

Wednesday 19 June 2019

June Council meeting – consider/adopt final IP&R documents

Tuesday 25 June 2019

 

Council’s corporate services staff are available should Councillors want to discuss any items in relation to the IP&R documents.  

 

ITEM 10 - ENGAGEMENT OF THE NEW SOUTH WALES ELECTORAL COMMISSIONER TO CONDUCT COUNCIL ELECTIONS

REPORT IN BRIEF

 

Reason For Report

For Council to resolve to engage the NSW Electoral Commission (NSWEC) to conduct elections

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\ELECTIONS\ELECTORAL BODIES - NSW ELECTORAL COMMISSION - 985165

 

 

Recommendation

 

THAT Council:

 

1.   Pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

 

2.   Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

 

3.   Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

 

Administration Manager's REPORT

 

Under Section 296AA of the Act, each Council must resolve by 11 March 2019 either:

 

a)   To engage the NSWEC to administer the council’s elections, polls and referenda; or

 

b)   That the council’s elections are to be administered by the general manager of the council.

 

Where a council resolves to engage the NSWEC to administer its elections, polls and referenda, the election arrangement with NSWEC will apply to the 2020 ordinary election and every election, poll and referendum including any by-election or countback election until the contract is automatically terminated 18 months before the following ordinary election of councillors.

 

The election arrangement is a standardised contract for all councils. The service schedule and costs schedule of the standardised contract will vary between councils and are made by the NSWEC in consultation with each council. The contract with the NSWEC must be finalised no later than 15 months before the next ordinary elections (ie 11 June 2019).

 

ITEM 11 - POLICY REGISTER - UPDATES TO CODE OF CONDUCT AND PROCEDURES FOR ADMINISTRATION OF CODE OF CONDUCT

REPORT IN BRIEF

 

Reason For Report

For Council to consider adoption of the draft Code of Conduct Policy and draft Procedures for the Administration of the Code of Conduct Policy.

Policy Implications

Yes - will become Council's current versions of these documents

Budget Implications

Nil

IPR Linkage

4.5.1.f - Adhere to Council's Code of Conduct and Code of Meeting Practice

Annexures

1.  Frequently Asked Questions

2.  Code of Conduct Policy

3.  Code of Conduct -  Procedure for the Administration of Policy

4.  Updates Made to Code of Conduct Policy

5.  Updates Made to Procedure for the Administration of the Code of Conduct Policy    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 989299

 

 

Recommendation

 

THAT Council adopt the:

 

1.   Draft Code of Conduct Policy; and

 

2.   Draft Procedures for Administration of the Code of Conduct Policy.

 

Administration Manager's REPORT

 

The 2018 Model Code of Conduct for Local Councils in NSW and the associated Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW were prescribed on 14 December 2018.

 

Draft versions of these updated policies are attached and it is recommended that council adopt these if considered appropriate. Also attached is the Frequently Asked Questions document relating to the Model Code of Conduct and Procedure for Administration of the Model Code of Conduct Policy, as well as a table of updates for each of these policies.

 

Key changes include:

 

·    it incorporates the pecuniary interest provisions previously contained in the Local Government Act 1993 and Regulation

·    new standards relating to discrimination and harassment, bullying, work health and safety, behaviour at meetings, access to information and maintenance of council records

·    new rules governing the acceptance of gifts including mandatory reporting

·    a new ongoing disclosure requirement for councillors and designated persons requiring disclosure of new interests in returns of interests within three months of becoming aware of them

·    councillors will be required to disclose in their returns of interests whether they are a property developer or a close associate of a property developer.

 

ITEM 12 - AUSTRALIA DAY AWARDS COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of Australia Day Awards Committee Recommendations.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  December 18 2018 Australia Day Committee Meeting Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\AUSTRALIA DAY 2019 - 989808

 

 

Recommendation

 

THAT the report and recommendations of the Australia Day Awards Committee Meeting of Cabonne Council held on 18 December, 2018 be adopted.

 

Administration Manager's REPORT

 

Attached is the report of the Australia Day Awards Committee Meeting of Cabonne Council held on 18 December, 2018.

 

 

ITEM 13 - POLICY REGISTER - UPDATE TO MOBILE PHONE POLICY

REPORT IN BRIEF

 

Reason For Report

For Council to consider adoption of the draft Mobile Phone Policy

Policy Implications

Yes - will become Council's current policy

Budget Implications

Nil

IPR Linkage

4.5.2.d - Provide effective communications and information systems

Annexures

1.  Draft Mobile Phone Policy    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 992930

 

 

Recommendation

 

THAT Council adopt the draft Mobile Phone Policy.

 

Administration Manager's REPORT

 

Council’s current Mobile Phone Policy has been reviewed as it is incompatible with new Local Government Procurement pricing. The review has resulted in the following key changes:

 

·    Removal of specific dollar amounts in Personal Use section and instead refers to a general ‘contract amount’.

·    An added Bring Your Own Device section to cover the use of private devices for Council purposes. Includes details on device requirements, necessary approvals and details of possible allowance.

·    An added requirement for mobile phones to be returned to IT department, rather than the Manager, upon resignation/termination of employment.

·    An added requirement for on call staff to use a Council issued mobile phone for on call duties.

·    An added requirement that SMS is not to be used for contact with Council’s customers due to the inability to capture SMS for record keeping requirements.

 

The draft Mobile Phone Policy is annexed to this report.

 

ITEM 14 - 2018 AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION (NSW) ANNUAL CONFERENCE

REPORT IN BRIEF

 

Reason For Report

Seeking Councillors' interest in attending the ALGWA NSW Annual Conference in Sydney 4-6 April 2019.

Policy Implications

Nil

Budget Implications

To be funded from existing councillor professional development budget.

IPR Linkage

4.5.1.e Provide adequate training & professional development opportunities for Councillors.

Annexures

1.  ALGWA Make Your Mark 2019 Program    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\LOCAL GOVERNMENT WOMENS ASSOCIATION - 985064

 

 

Recommendation

 

THAT interested councillors be authorised to attend the 2019 ALGWA (NSW) Conference.

 

Acting General Manager's REPORT

 

The 2019 ALGWA (NSW) Conference will be hosted by Liverpool City Council held in Casula from 4-6 April 2019.

 

The Australian Local Government Women’s Association NSW Branch (ALGWA) supports and promotes women in local government through advocacy, advice and action. The Annual Conference is an opportunity to come together and engage in learning and networking that will assist in personal and professional development.

 

The conference will be hosted over three days at the Casula Powerhouse Arts Centre.  The conference program is attached.

 

Any councillor interested in attending should nominate to be authorised to attend.

 

 

ITEM 15 - APPLICATION FOR EXPENDITURE FROM CANOWINDRA TOWN IMPROVEMENT FUND

REPORT IN BRIEF

 

Reason For Report

To advise on request for funding from the Canowindra Town Improvement Fund.

Policy Implications

Nil

Budget Implications

$3,300 from the Canowindra Town Improvement Fund.

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\MUSEUM AND GALLERIES MANAGEMENT\CANOWINDRA AGE OF FISHES MUSEUM - 987662

 

 

Recommendation

 

THAT Council determine whether it wishes to agree to the request for an allocation from the Canowindra Town Improvement Fund.

 

Acting General Manager's REPORT

 

Clr Walker has written to Council seeking financial support from the Canowindra Town Improvement Fund of $3,300 to assist in finalising the installation of solar panels on the Age of Fishes building.  Councillors will be aware this project has been funded by a grant from Newcrest and an allocation of $18,000 from the Canowindra Town Improvement Fund.  Final quotes received has realised a shortfall of $3,300 due to cabling and trenching to allow the panels to remain on the new fossil storage facility.

 

Clr Walker has indicated that the assistance would finalise the project and the benefit to the Age of Fishes Museum is a saving estimated at $3,000 per month for electricity costs.

 

ITEM 16 - INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN SECOND QUARTER REVIEW

REPORT IN BRIEF

 

Reason For Report

To provide Council with the second quarter review for the 2018/2019 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.  IP_R Second Quarter Review 20182019    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\PLANNING\INTEGRATED PLANNING AND REPORTING 2018-2019 - 992188

 

 

Recommendation

 

THAT, subject to any alterations the Council deems necessary at the February Council meeting, the update of the Operational Plan to 31 December 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 second quarter updates for the Integrated Planning & Reporting Operational Plan for 2018/2019 are attached, which show the culmination of the actions and strategies undertaken during that quarter.

 

ITEM 17 - CHANGE OF DATE FOR APRIL 2019 COUNCIL MEETING

REPORT IN BRIEF

 

Reason For Report

Request for Council to change the date of the April 2019 Council meeting to facilitate the IP&R process.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.e - Development of the Annual Budget

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 988126

 

 

Recommendation

 

THAT Council alter the date of its April ordinary meeting from 23 April to 30 April 2019.

 

Director of Finance and Corporate Services' REPORT

 

The ordinary meeting of Council for the month of April is scheduled for Tuesday 23 April 2019.

 

Changing the date to 30 April 2019 would allow time for staff to put the Draft Budget and Operational Plan to the ordinary meeting and alleviate the need to have a special meeting on 7 May 2019.

 

It is therefore recommended that the April ordinary meeting of council be held on Tuesday 30 April. 

 

 

ITEM 18 - QUARTERLY BUDGET REVIEW

REPORT IN BRIEF

 

Reason For Report

To advise Council of the present position of the 2018/2019 Budget and to submit changes to the budget for approval and inclusion.

Policy Implications

Nil

Budget Implications

Yes

IPR Linkage

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

Annexures

1.  December 2018 Quarterly Budget Review    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\QUARTERLY FINANCIAL STATEMENTS - QBR - 992882

 

 

Recommendation

 

THAT Council note the variances in the report and authorise those changes to be included in the 2018/2019 Council Budget.

 

Finance Manager's REPORT

 

The quarterly budget review is presented to Council to provide fair and reasonable information to the Councillors and the community, with regard to the current state of the budget.

 

The review format, as was used in the September report, has been continued and it is hoped that the information is reader friendly.

 

The impact of the variances listed on pages 5 & 6 of the attached document are shown in the projected end of year result. The overall impact on the budget, due to the changes listed in the report, is a favorable credit balance of $494,114.

 

This quarter saw an increase to the Financial Assistance Grant of $270,691 with the funding being split between $67,003 to be expended on local roads and $203,688 on general expenditure/maintenance.

 

Grant Funding of $71,717 was received from the Office of Local Government for future management of its Crown lands reserves. $10,909 in funding was also received for the removal of noxious weeds from Crown lands.

 

RMS Funding of $1,125,435 will be received to cover roadworks budgeted for $499,950 along Burrendong Way – north of Archer Road and $625,485 for the Cargo Road shoulder widening project.

 

RMS will also fund half of the costs relating to road works at Cargo Road (Spring Creek) with total budget of $605,000 and half of the costs relating to road works at Cargo Road (Edinboro Lane) with total budget of $195,000. The balance of funding for these projects will be funded from the road maintenance block grant.

 

An expenditure of $134,428 for the December 2018 quarter has been requested as being funded by reserves. This includes $53,056 in sundry water and sewer asset purchases, $29,622 for road works/footpaths and $51,750 for the purchase and implementation of an integrated management system as required by the RMS.

 

Other budget changes and reallocations have been minor and the overall position of the 2018/2019 Budget has improved from the start of the 2018/2019 Financial year.

 

Council’s original budget anticipated a budget deficit of $780,748. With re-votes, September QBR changes and December QBR changes we anticipate a surplus of $1,358,819. Much of the turn-around in the budget relates to an increase in overhead internal income from the re-votes at the start of the year and the likelihood of council achieving this does depend on completing budgeted capital projects.

 

 

ITEM 19 - MOLONG STREET STALL SHELTER - LICENCE AGREEMENT

REPORT IN BRIEF

 

Reason For Report

Seeking Council authorisation to enter into a licence agreement for the Molong Street Stall Shelter

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.4.1.c - Provide assistance to community groups

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\FUNDRAISING\STREET STALLS - 990573

 

 

Recommendation

 

THAT Council:

1.   Enter into a licence agreement with the landowners of the property known as Lot 201 DP 1044929, Bank Street, Molong for the part of the property that is the Molong Street Stall Shelter;

 

2.   Authorise the Acting General Manager to determine the term of the agreement;

 

3.   Enter into a licence fee of $1 per annum; and

 

4.   Council authorise the affixing of the Council Seal to the Licence Agreement documents.

 

Administration Manager's REPORT

 

For many years’ local schools, community groups, special interest groups, businesses, Council and other government agencies have been able to use the Molong Street Stall Shelter for fundraising and other activities as per the guidelines detailed in Council’s Event Management Policy.

 

Council held a 20 year licence agreement with the landowners of Lot 201 DP 1044929 for the Molong Street Stall Shelter, which has now expired.

 

It is recommended that Council enter into another 20 year licence agreement (or other term, as determined by the Acting General Manager) for the above mentioned land and that Council pay to the land owner a fee of $1 per annum, if demanded.

 

Council accepts the Molong Street Stall Shelter under Council’s Public Liability insurance cover and property insurance cover. Any excess claims would be covered from the Street Stall Usage charge Income Account. Council is also responsible for any ongoing maintenance/upgrades to the shelter.

 

 

ITEM 20 - REQUESTS FOR DONATIONS

REPORT IN BRIEF

 

Reason For Report

For Council to consider the requests received for donations.

Policy Implications

NIL

Budget Implications

To be funded from existing budget allocations

IPR Linkage

4.4.1.c - Provide assistance to community groups

Annexures

1.  Manildra Bowling Club

2.  Country Womens Association of NSW

3.  St Johns Ambulance Cadets

4.  Breastscreen 2019 Donation

5.  AAA NAIDOC School Initiatives Proposal 2019    

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2019 - 991158

 

 

Recommendation

 

THAT Council donate:

 

1.  $500 to Manildra Bowling Club to assist with lighting;

2.  $300 to the CWA for the Sponsorship of the school’s Public Speaking competition;

3.  $500 to the St Johns Ambulance Cadets to attend the Western Region Youth Camp;

4.  $360 to Breastscreen NSW for transportation costs;

5.  $250 to NAIDOC Week School Initiatives.

 

Acting Community Services Manager's REPORT

 

Manildra Bowling Club is a small local club with 345 members. To stay viable the club has taken on new directions to boost its income. This has included TAB and Keno facilities, along with restarting a netball competition, which has not operated in Manildra for nine years. There are currently nine teams in the competition, which includes teams from Molong and Cudal.

 

To support the twilight netball competition, the club has installed new lighting at a cost of $3,717.22. The significant cost of these lights has added to the financial burden the club is currently facing.

 

Central Western Group, CWA have written to Council seeking a donation towards their annual public speaking contest for schools to be held at James Sheehan Catholic High School, Orange on 21 May 2019.

 

The contest involves 60 schools and approximately 250 students from Year 3 to Year 12 from the Central West including Cabonne.

 

The day is run by volunteers from the CWA and is well regarded by the participants and schools. The donation is sought to go towards the running of the event. Council has made donations towards the running of this event for many years and local schools participate in it. In 2018 Council made a donation of $300 to this event.

 

St John Ambulance Molong Cadets will be attending the Western Region Youth Camp from 14 – 18 April 2019 at Silverton, NSW. This Camp is fully programmed and includes First Aid, leadership activities, outdoor education and skill developments as well as problem solving and peer support.

 

The camp fee is $200 per Cadet. A quote received for coach transport is for $6,300 plus driver meals and accommodation. This is a significant amount for a small organisation to fundraise alone.

 

The Cadets are already an asset to Molong having volunteered their First Aid skills during local community events.

 

Breastscreen NSW have written to Council seeking a donation towards the cost of transporting their Mobile Breast Screen van from Grenfell to Canowindra on 29 April 2019. The cost of transporting the van will be $360. 

 

Breastscreen vans play an important role in screening for breast cancer and early diagnosis greatly increases the survival rate for this disease. The visits to Cabonne prompts many people, who may not otherwise have participated, to take advantage of the screening.

 

NAIDOC Week School Initiatives conducts a range of activities for school children during NAIDOC week which is to be held between 7 and 14 July 2019.

 

NAIDOC (National Aboriginal and Islanders Day Observance Committee) Week is a major event that celebrates Aboriginal culture across Australia. In the local area Aboriginal groups often celebrate NAIDOC week at a later date.

 

The competitions have received mixed support from local schools with only four schools in Cabonne participating in 2018 with 255 entries being received. The activities available include colouring-in, short story and creative/essay writing competitions. Entry is open to all primary and secondary school students.  Local schools conduct NAIDOC week themed activities in line with the curriculum, whether or not they use the resources provided by NAIDOC Week School Initiatives.  NAIDOC Week School Initiatives calculate their expenses for this local government area to be $450 to cover printing and distribution costs for the contests.

 

 

Should Council wish to make these donations there remains $5,265 in the s.356 budget for donations this financial year.

 

Donations so far this year are:

 

$250          Eugowra Mural Committee

$377.10     Canowindra Men’s Shed, Garbage Collection

$134          2017/2018 Rental of Council tennis courts

$500          Orange Lions Club - 2019 Camel Races

$1,050            Prizes for School Presentations

 

ITEM 21 - REQUEST TO BECOME A REFUGEE WELCOME ZONE

REPORT IN BRIEF

 

Reason For Report

To inform Councillors of a request for Cabonne Council to become a Refugee Welcome Zone

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

0.0.0 - Item without specific IPR action

Annexures

1.  Refugee Council of Australia RWZ Info for Councils    

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 990811

 

 

Recommendation

 

THAT Council supports the Mums 4 Refugees request to become a Refugee Welcome Zone.

 

Community Engagement and Development Manager's REPORT

 

The Mums 4 Refugees – Orange Working Group has asked Cabonne Council to consider becoming a Refugee Welcome Zone.

 

The group advises that a Refugee Welcome Zone is a Local Government Area which has made a commitment in spirit to welcoming refugees into the community, upholding the human rights of refugees, demonstrating compassion for refugees and enhancing cultural and religious diversity in the community.

 

Although the number of people seeking asylum, and from refugee backgrounds, in the Central West is relatively small, refugees have made enormous contributions and a positive economic impact on regional communities across Australia.

 

Refugee Welcome Zones are an initiative of the Refugee Council of Australia.

To become a Refugee Welcome Zone would require Council to sign a Refugee Welcome Zone Declaration for the commitments mentioned above.

 

The declaration does not confer any formal obligations on Council and Refugee Welcome Zones are not required to uphold any statutory responsibilities or financial commitments.

 

Although signatories to the declaration are not required to undertake specific activities, any initiatives which help create a welcoming atmosphere and assist the settlement of refugees in their area are welcomed and encouraged.

 

A detailed description of a Refugee Welcome Zone, list of initiatives and a copy a draft Refugee Welcome Zone Declaration are attached.

More than 140 Australian councils have become Refugee Welcome Zones, including Bathurst, Dubbo, Lithgow, Cowra and Parkes.

 

ITEM 22 - CABONNE ACQUISITIVE ART PRIZE

REPORT IN BRIEF

 

Reason For Report

To inform Council of proposed arrangements for the inaugural Cabonne Acquisitive Art Prize to be held in 2019-20

Policy Implications

Nil

Budget Implications

An amount of up to $20,000 to be included in Council's 2019-2020 Budget.

IPR Linkage

4.4.1.c - Provide assistance to community groups

Annexures

1.  Cabonne Acquisitive Art Prize terms and conditions    

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 992115

 

 

Recommendation

 

THAT Council:

1.  Determine a draft budget for the 2019-20 Cabonne Acquisitive Art Prize

2.  Determine dates and timelines for the 2019-20 Cabonne Acquisitive Art Prize

 

Community Engagement and Development Manager's REPORT

 

Background

 

At its Ordinary Meeting on 28 August 2018, Council resolved to:

 

1.   Conduct an Acquisitive Art Prize competition for artists living in the Cabonne LGA;

2.   Commence the Acquisitive Art Prize competition from July 2019; and

3.   Seek sponsorship from local businesses.

 

An acquisitive art prize is an art competition where the major prize involves the purchase of the winning artwork by the competition organiser. Many councils throughout Australia conduct similar competitions. The main objective is to foster the arts in their Local Government Areas and provide the councils with an ongoing art collection.

 

Entries in the Cabonne competition would be on display at an exhibition to run for 7-10 days’ duration and a function would be held at the end of the exhibition to announce the winning entries. It is proposed that the exhibition and official function to be hosted by a different Cabonne village each year, similar to the Cabonne Daroo Business Awards.

 

Council would have to determine a budget for prizes, promotion and advertising, exhibition costs and judging expenses. It would then make an allocation in Council’s 2019-20 for that amount. Costs would be partly offset by competitor’s entry fees.

 

Council also would have to determine where the artworks would be permanently displayed after being acquired each year.

 

Current Situation

 

Because of her extensive experience in conducting art exhibitions, Cr Oldham has assisted Council’s Community Engagement and Development Manager develop a draft timetable and conditions of entry for the inaugural Cabonne Acquisitive Art Prize in 2019-20. A copy of the draft terms and conditions is attached as an annexure.

 

Key components include:

 

Proposed Budget

 

Prizes

Cabonne Acquisitive Art Prize                       $4,000

People’s Choice Prize                                    $1,000

High School Student Prize                            $500

Primary School Pupil Prize                            $500

 

Ancillary Expenses

Promotion and Advertising                            $4,000

Exhibition and Official Opening Costs         $9,000

Possible Judging Expenses                          $1,000

 

Total                                                                  $20,000

 

(Costs would be partly offset by entry fees. A fee of $30, including GST, for each work has been proposed in the initial year. Further income would be derived by encouraging the public to vote for the People’s Choice at a cost of $2 per vote).

 

Key Dates Proposed

 

Applications Open                                           6 September 2019

Applications Close                                          8 November 2019

Works to be Submitted                                   7 February 2020

Selection Notification                                      28 February 2020

Exhibition Opens                                             14 March 2020

Announcement, Official Opening                 19 March 2020

Exhibition Closes                                            21 March 2020

 

(These are draft dates to be confirmed later to avoid possible clashes with other events being organised during the same period).

 

Judging

 

Council would have to determine the judging method. There are several options, including:

a.   Enlisting the services of an experienced, independent judge; or

b.   Councillors judging the winning entries.

Engaging an independent, experienced judge would probably commit Council to travel and accommodation expenses.

 

These costs would not apply should Council determine that Councilors judge the winning entries, however the appointment of an independent judge could add more credibility to the competition and remove any claims of bias.

 

 

ITEM 23 - EVENTS ASSISTANCE PROGRAM

REPORT IN BRIEF

 

Reason For Report

For Council to consider applications for funding under the 2018-2019 Events Assistance Program

Policy Implications

Nil

Budget Implications

Up to $1,000 to be funded from the 2018-2019 Events Assistance Program

IPR Linkage

4.4.1.c - Provide assistance to community groups

Annexures

1.  Fields of Cargo - Events Assistance Program Application Form - 11-01-2019

2.  Canowindra Creative Centre Inc - Event Assistance Program Application    

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\EVENTS ASSISTANCE PROGRAM 2018 - 2019 - 991566

 

 

Recommendation

 

THAT Council:

 

1.   Approve $500 funding under the 2018-19 Events Assistance Program to Canowindra Creative Centre Inc for the Make, Bake & Grow Market.

 

2.   Approve $500 funding under 2018-19 Events Assistance Program to Fields of Cargo for Celebrating 150 Years Anniversary of Cargo.

 

 

Community Engagement and Development Manager's REPORT

 

Council has received two applications under the 2018/2019 Events Assistance Program (EAP).

 

Council’s Tourism and Community Development Coordinator has provided the following assessments.

 

 

Application 1

 

Organisation:                     Canowindra Creative Centre Inc

Event:                                   Make, Bake, Grow Market

Date:                                     27 & 28 April 2019

Requested Amount:          $500

Reason for Funding:        Contribution towards marketing and promoting the event

 

 

Event Description:

 

Council previously supported this event last financial year under the Events Assistance Program for $500. It has been reported that the event is growing and attracting new visitors to the area, has strong community participation and is a good compliment that provides additional activities at the Canowindra Balloon Challenge for visitors.

 

The Make, Bake, Grow Market focuses on showcasing the diversity of locally made and produced products. The Market is held over two days in the Canowindra Services Club Auditorium in Gaskill St. It provides an opportunity for visitors to walk the main street and appreciate the craftsmanship of local people and to engage with the community members and various stallholders.

 

Assessment

 

The submitted application meets the grant criteria of the Events Assistance Program as a developing event that attracts visitors to the Cabonne village and makes a significant contribution to local businesses and community groups and the welfare of the whole community.

 

The level of funding for a developing support event is up to $500.

 

 

Application 2

 

Organisation:                     Fields of Cargo Committee

Event:                                   The Cargo Fields of Gold Anniversary celebration

Date:                                     16 March 2019

Requested Amount:          $500

Reason for Funding:        Contribution towards event expenses and marketing

 

 

Event Description

 

The Fields of Cargo Committee aim to celebrate the 150 year anniversary of the Cargo Goldfields. The committee has organised the November Shorn Bush Band and the Cobb & Co Coach to add interest and attraction to the village celebrations. Other activities planned include a book launch, photo competition, pop up museum and community dance to take place in the Cargo community hall. These activities will add interest and attractions for visitors to the village which enables them to support the stalls and local businesses.

 

The Cargo Fields of Gold Anniversary celebration is a great opportunity for the community to unite, to celebrate Cargo’s history, to reflect and work together for the future. The organising committee is involved with a number of community groups which include: Cargo Men’s Shed, Cargo Rugby League Football Club, Cargo Public School, Cargo Markets and the Gardening Club.

 

Assessment

 

The Cargo Fields of Gold celebration event will take place in a small village located in Cabonne shire that provides an ideal opportunity for the village to celebrate its past history and come together for its future.

 

The 150 Year Anniversary celebration event meets the Events Assistance Program guidelines for a developing event with the level of funding up to $500.

 

 

 

Events Assistance Program Expenditure

 

2018 - 2019 Funding Allocation                                             $52,851

 

Funding approved in 2018 - 2019

 

Canowindra Baroquefest                                                  $3,000

Molong Village Markets                                                     $500

Cargo Village Markets                                                       $500

Australian National Field Days                                        $2,500

Canowindra Christmas in July                                         $500

Central West Charity Tractor Trek                                   $1,500

Molong Spring Arts Festival                                             $500

Canobolas Endurance Riders Bullio Cup                      $500

MAG 2018 Banjo Paterson Dinner, Molong                  $1,000

2019 Canowindra International Balloon Challenge      $20,000

2018 Orange Wine Festival                                              $2,000

Yeoval Rally Till It Rains                                                   $500

2019 Banjo Paterson Poetry Festival                                       $1,000

Canowindra Coming Together                                         $500

MADIA – Manildra Christmas Party                                 $1,000

Bard on the Beach- Shakespeare under the Stars       $500

Mullion Creek Christmas Party                                        $350

Eugowra Pony Club Gymkhana                                       $500

 

 

Total Expenditure to date                                                        $36,850

Remaining Funds                                                                      $16,001

 

ITEM 24 - LOCAL GOVERNMENT TOURISM CONFERENCE 2019

REPORT IN BRIEF

 

Reason For Report

To determine Council's attendance at the 2019 Local Government Tourism Conference in Terrigal NSW.

Policy Implications

Nil

Budget Implications

Approximately $1,100 per delegate from Council's Tourism Budget

IPR Linkage

2.2.1.a. Promote strategies listed in the Tourism Plan

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\CONFERENCES\LGNSW TOURISM CONFERENCE - 991911

 

 

Recommendation

 

THAT Council:

1.   Authorise Council’s Tourism and Community Development Coordinator to attend the NSW Local Government Tourism Conference in Terrigal from 17-19 March 2019.

2.   Nominates a Councillor delegate or delegates to attend the NSW Local Government Tourism Conference in Terrigal from 17-19 March 2019.

 

 

 

Community Engagement and Development Manager's REPORT

 

Council’s Tourism and Community Development Coordinator has provided the following report:

 

The annual NSW Local Government Tourism Conference will be held in Terrigal co- hosted by Central Coast Council from Sunday 17 March 2019 to Tuesday 19 March 2019.

 

The conference theme is Experience Changes Perception! This theme aligns with the NSW Government’s $2M NSW Road Trips campaign to entice travelers to experience rural and regional offerings off the major highways. This year’s theme concentrates on creating tourist experiences.

 

The theme will also explore and addresses how tourists make assumptions about destinations and how to change visitor perceptions.

 

Program highlights include how to build Council support relevant to Visitor Information Centres, Destination NSW presentation, Visitor Economy Action Plan, case studies covering cultural heritage, innovation and activation and experience.

 

There will be topic streams covering technology and marketing – how does this influence your actual experience, the driving market, and product development and niche tourism.

 

There will be a number of site visits to various attractions in the area, including:

 

1.   Agritourism: a customised food trail

2.   Wedding Tourism: how to be a wedding destination

3.   Shared Pathways: celebrating and enjoying natural spaces

 

The Local Government Tourism Conference is an ideal platform for Councillors and council staff to meet and listen to the experts and peers and to find out how other councils are engaging and managing their tourism industry and space.

 

In previous years, Council’s Tourism and Community Development Coordinator has attended the Local Government Tourism Conference, along with Council’s delegate to the Cabonne Country Tourism Advisory Committee.

 

Council’s delegate to the  Cabonne Country Tourism Advisory Committee is Cr Jenny Weaver.

 

Cr Ian Davison has also requested to attend the conference.

 

The total cost of registration, travel and accommodation for delegates is estimated to be about $1,100 per delegate.

 

ITEM 25 - REQUEST FOR HERITAGE GRANT FUNDING - PAINT AND REPAIR FRONT OF HERITAGE LISTED DWELLING 'HAWTHORNE' AT 100 BANK STREET, MOLONG

REPORT IN BRIEF

 

Reason For Report

To obtain council endorsement for a local heritage grant application.

Policy Implications

NIL

Budget Implications

NIL

IPR Linkage

4.3.2.b - Deliver heritage conservation programs

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\HERITAGE GRANTS 2019 - 984353

 

 

Recommendation

 

THAT $1500 be granted by Council from its 2018/2019 heritage grants program to the landholders of 100 Bank Street, Molong to paint and repair the front of a heritage listed dwelling, also known as ‘Hawthorne’. 

 

 

Senior Town Planner's REPORT

 

Council has received an application for funding under the Cabonne Local Heritage Fund for external works to a heritage listed building at 100 Bank Street, Molong.

 

The subject building (dwelling) is situated within the Bank Street Heritage Conservation Area and is a heritage listed site (I179) under the Cabonne LEP 2012.

 

The proponent sought advice on repairs and maintenance of the building from Council’s Heritage Advisor at an on-site meeting held 1 October 2018. The proponent has submitted a draft schedule of works to Council with an application for funding under the Local Heritage Grants Program. The proposed external alterations, including minor repair works and painting, is consistent with advice from Councils heritage advisory service and October heritage report. The application is supported on the basis of meeting the criteria for works which will enhance the streetscape and the building. In this instance the building contributes to the heritage streetscape and is situated in a prominent location. It is recommended that $1,500 be allocated towards the proposed works. 

 

 

 

ITEM 26 - 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 - 981203

 

 

Recommendation

 

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

 

Acting 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 27 - 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 - 981204

 

 

Recommendation

 

THAT:

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

2.   The balance of the items be noted.

 

Acting 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 28 - 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 - 981205

 

 

Recommendation

 

THAT Councillors call any matters of urgency.

 

Acting 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 29 - 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 - 981207

 

 

Recommendation

 

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

 

Acting 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 6 Ordinary Meeting 26 February 2019

Item 6 - Annexure 1

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 7 Ordinary Meeting 26 February 2019

Item 7 - Annexure 1

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 8 Ordinary Meeting 26 February 2019

Item 8 - Annexure 1

 

GOVERNANCE, RISK MANAGEMENT AND BUSINESS IMPROVEMENT COMMITTEE

TERMS OF REFERENCE

1.       OBJECTIVE

The objective of the Governance, Risk Management and Business Improvement Committee (Committee) is to provide independent assistance to Cabonne Council on risk management, internal controls, governance, compliance and audit, workplace health and safety and business improvement.

This Committee replaces the previous Council committee of:

·        Internal Audit

Business improvement is a cycle of improving the way organisations operate. Audit is one tool to identify non-compliance, risk and opportunities for improvement.

CONTINUOUS IMPROVEMENT CYCLE                                              AUDIT CYCLE

 


Risk AnalysisAudit TeamConduct TeamProcess AnalysisAudit Results – Continuous Improvement Program

 

2.       ROLES AND RESPONSIBILITIES

The Committee has no executive powers, except those expressly provided by the Council. In carrying out its responsibilities, the Committee must at all times recognise that primary responsibility for management of Council rests with the Council and the General Manager as defined by the Local Government Act.

The responsibilities of the Committee may be revised or expanded by the Council from time to time. The Committee’s responsibilities include oversight of three key Council programs:

RISK MANAGEMENT &

AUDIT

WORKPLACE HEALTH &

SAFETY

BUSINESS IMPROVEMENT

RISK MANAGEMENT & AUDIT

Risk –

ü   Review whether management has in place a current and comprehensive risk management framework, and associated procedures for effective identification and management of business and financial risks, including fraud;

 

ü   Review whether a sound and effective approach has been followed in developing strategic risk management plans for major projects or undertakings;

 

ü   Review the impact of the risk management framework on its control environment and insurance arrangements;

 

ü   Review whether a sound and effective approach has been followed in establishing business continuity planning arrangements, including whether plans have been tested periodically.

 

ü   Review whether management has adequate internal controls in place, including over external parties such as contractors and advisors;

 

ü   Review whether management has in place relevant policies and procedures, and these are periodically reviewed and updated;

 

ü   Progressively review whether appropriate processes are in place to assess whether policies and procedures are complied with;

 

ü   Review whether appropriate policies and procedures are in place for the management and exercise of delegations; and

 

ü   Review whether management has taken steps to embed a culture which is committed to ethical and lawful behavior.

Audit –

ü  Satisfy itself the annual financial reports comply with applicable Australian Accounting Standards including all relative legislative requirements and supported by appropriate management sign-off on the statements and the adequacy of internal controls;

 

ü  Review the external audit opinion, including whether appropriate action has been taken in response to audit recommendations and adjustments;

 

ü  Provide input and feedback on the financial statements and performance audit coverage proposed by external audit, and provide feedback on the external audit services provided;

 

ü   Review all external plans and reports in respect of planned or completed external audits, and monitor the implementation of audit recommendations by management;

 

ü   Consider significant issues raised in relevant external audit reports and better practice guides, and ensure appropriate action is taken;

 

ü   Act as a forum for communication between the Council, General Manager, senior management, internal audit and external audit;

 

ü   Review the internal audit coverage and internal audit plan, ensure the plan has considered the risk management plan, and approve the plan;

 

ü   Review all audit reports and consider significant issues identified in audit reports and action taken on issues raised, including identification and dissemination of better practices;

 

ü  Monitor the implementation of internal audit recommendations by management;

 

ü   Periodically review the internal audit charter to ensure appropriate organisational structures, authority, access and reporting arrangements are in place; and

 

ü  Periodically review the performance of internal audit.

 

WORKPLACE HEALTH & SAFETY

ü   Monitor Councils Workplace Health and Safety policies, procedures and programs;

 

ü  Advice on Workplace Health and Safety training and education;

 

ü  The provision of information to the employees on the importance of safety in the workplace;

 

ü   Health and safety matters which have been formally referred to the immediate Supervisor and have not been acted upon;

 

ü  Register of Injury review;

ü  Workplace inspections, evaluations and audits;

 

ü  Workplace design;

 

ü  Work systems;

 

ü  Operating procedures;

 

ü  Emergency procedures and drills;

 

ü  Technological change;

 

ü  Personal protective and safety equipment;

 

ü   Rectification of unsafe and unhealthy conditions; and

 

ü  Other issues as outlined in the current legislation and regulations.

 

BUSINESS IMPROVEMENT

Monitor Business Improvement initiatives, programs or activities as they relate to the risk management framework and internal audit, including:

ü  Organisational Reviews;

 

ü  Service delivery reviews;

 

ü  Establishment of performance criteria and development of monitoring and reporting against performance across a range of indicators;

 

ü  Business Improvement Program (BIP); and

 

ü  Promotion of business improvement outcomes and advocating for a continuous improvement culture within Cabonne.

3.       AUTHORITY

The Council authorises the Committee, within the scope of its roles and responsibilities, to:

·        Obtain any information it needs from any employee or external party (subject to their legal obligations to protect information).

 

·        Discuss any matters with the external auditor or other external parties (subject to confidentiality considerations).

 

·        Request the attendance of any employee or councilor at Committee meetings.

 

·        Obtain external legal or other professional advice considered necessary to meet its responsibilities.

4.       COMPOSITION AND TENURE

The Committee will consist of the following:

Members (voting)

·            Mayor

·            Two Independent external members (not a member of the Council) with relevant experience or qualifications (note the independent members are paid for their services).

Attendee (non-voting)

·        General Manager

·        Director of Finance & Corporate Services and/or an appointed Secretariat of the Audit Committee

·        Risk Officer

·        WHS Representative on an as needs basis

Invitees (non-voting) for specific Agenda items

·        Representatives of the external auditor

·        Other officers may attend by invitation as requested by the Committee.

The independent external members will be appointed for the term of Council, after which they will be eligible for extension or re-appointment following a formal review of their performance.

The members of the Committee, taken collectively, will have a broad range of skills and experience relevant to the operations of the Council. At least one member of the Committee shall have accounting or related financial management experience, with understanding of accounting and auditing standards in a public sector environment.

5.       FORMAT OF THE MEETINGS

As this committee meeting has three key focus areas the meetings will be constructed such that WHS representatives will only be required to attend the meeting for items relating to this function.

6.       RESPONSIBILITIES OF MEMBERS

Members of the Committee are expected to:

·        Understand the relevant legislation and regulatory requirements appropriate to the council of Cabonne Council;

 

·        Contribute the time needed to study and understand the papers provided;

 

·        Apply good analytical skills, objectivity and good judgement;

 

·        Express opinions frankly, ask questions that go to the fundamental core of issues, and pursue independent lines of enquiry.

7.       REPORTING

At the first Committee meeting after 30 June each year, the Committee will provide a report of:

·        The performance of Risk and Internal Audit programs for the financial year as measured against agreed key performance indicators.

 

·        The approved Internal Audit Plan of work for the previous financial year showing the current status of each audit.

 

·        The performance of Workplace Health and Safety programs for the financial year as measured against agreed key performance indicators.

 

·        The performance of Continuous Improvement programs for the financial year as measured against key performance indicators.

 

·        The Committee may at any time, consider any other matter it deems of sufficient importance to do so. In addition, at any time an individual Committee member may request a meeting with the Chair of the Committee.

The secretary of the Committee (Director of Finance and Corporate Services should provide a report to full council following each meeting providing copy of minutes and outcomes being achieved through this Committee).

8.       MEETINGS

The need for any additional meetings will be decided by the Chair of the Committee, though other committee members may make requests to the Chair for additional meetings.

A forward meeting plan, including meeting dates and agenda items, will be agreed by the Committee each year.

9.       ATTENDANCE AT MEETINGS AND QUORUMS

A quorum will consist of a majority of Committee members, including at least one independent member. Meetings can be held in person, by telephone, video or web conference.

A person/team conducting the internal or financial audit will be invited to attend meetings as determined by the Committee. The Committee may also request the Director of Finance and Corporate Services or any other employees to participate for certain agenda items, as well as the external auditor.

10.     SECRETARIAT

The Secretariat for this Committee is the responsibility of the Director of Finance and Corporate Services and is the link between the Committee and the day to day operations and staff of the Council. The Secretariat will ensure the agenda for each meeting and supporting papers are circulated, at least one week before the meeting, and ensure minutes of the meetings are prepared and maintained. Minutes shall be approved by the Chair and circulated to each member within three weeks of the meeting being held.

11.     CONFLICTS OF INTEREST

Committee members must declare any conflicts of interest at the start of each meeting or before discussion of a relevant agenda item or topic. Details of any conflicts of interest should be appropriately minuted.

Where members or invitees at Committee meetings are deemed to have a real or perceived conflict of interest, it may be appropriate they be excused from the Committee deliberations on the issue where the conflict of interest may exist. The final arbiter of such a decision is the Chair of the Committee.

12.     INDUCTION

New members will receive relevant information and briefings on their appointment to assist them to meet their Committee responsibilities.

13.     ASSESSMENT ARRANGEMENTS

The Chair of the Committee will initiate a review of the performance of the Committee at least once every two years. The review will be conducted on a self-assessment basis (unless otherwise determined by the Chair), with appropriate input from management and any other relevant stakeholders, as determined by the Chair.

14.     REVIEW OF COMMITTEE CONSTITUTION

At least once every two years the Committee will review this Governance, Risk Management and Business Improvement Committee Constitution. The Committee will approve any changes to this Constitution.

Approved:

Committee Meeting Date:

 


Item 8 Ordinary Meeting 26 February 2019

Item 8 - Annexure 2

 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 11 Ordinary Meeting 26 February 2019

Item 11 - Annexure 1

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 11 Ordinary Meeting 26 February 2019

Item 11 - Annexure 2

 

Code of Conduct Policy

1.  Document Information

Version Date
(Draft or Council Meeting date)

4 February 2019

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

Council has adopted the following Code of Conduct based on the OLG Model Code of Conduct for Local Councils in NSW December 2018.

3.  Approvals

Title

Date Approved

Signature

Director of Finance & Corporate Services 

 

 

4.  History

Unless otherwise indicated, printed or downloaded versions of this document are uncontrolled.  Before using this document check it is the latest version by referring to Council’s Policy Register at www.cabonne.nsw.gov.au.

Minute No.

Summary of Changes

New Version Date

94/6/56

From the Department of Local Government & Co-operatives

20/06/94

96/1/22

Adopted by new Council in accordance with the requirements of the LGA 1993

15/01/96

99/10/9

Adopted by new Council in accordance with the requirements of the LGA 1993

18/10/99

05/01/9

Adopted new Model Code of Conduct as recommended by DLG

17/01/05

08/07/11

Adopted new Model Code of Conduct as recommended by DLG

21/07/08

09/07/12

 

Associated Updated Guidelines For The Model Code Of Conduct For Local Councils In NSW (October 2008)

20 July 2009

10/02/17

Readopted by Council

15 February 2010

10/05/18

Readopted by Council reformatted with numbering to be consistent with DLG Model Code numbering. and an amendment requiring the General Manager to provide quarterly rather than annual reports (12.33).

17 May 2010

13/02/24

Amended to DLG Model Code of Conduct March 2013 (Note: reporting reverted to annually in Procedures for the Administration of the Code of Conduct for Cabonne Council). 

19 February 2013

13/09/30

Readopted as per s165(4)

17 September 2013

16/04/26

Updated for changes following from the commencement of the Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015 including addition of an expanded definition of misconduct (Part 9) and clarification of councillors’ participation in voting during planning decisions in which a pecuniary interest is involved (4.29).

Also updated references (various) to Division of Local Government to Office of Local Government (OLG) and clarified the public officer’s responsibilities (7.1).

26 April 2016

18/07/14

Readopted as per s165(4)

24 July 2018

 

 

 

5.  Reason

Refer to Introduction section of policy

6.  Scope

Refer to Policy statement

7.  Associated Legislation

The Local Government Act 1993

Local Government (General) Regulation 2005

8.  Definitions

Refer to Definitions within Code - Part 9

9.  Responsibilities

9.1.     Mayor

The Mayor is responsible for the role and functions assigned to the Mayor by the Code of Conduct.

9.2.     General Manager

The General Manager is responsible for the overall control and implementation of the Code of Conduct as well as for the role and functions assigned to the general manager by the procedures.

9.3.     Directors and Managers

Directors and managers are responsible for the control of the Code of Conduct and procedures within their area of responsibility.

9.4.     Supervisors

Are required to ensure compliance with the Code of Conduct and ensure compliance by subordinate staff.

9.5.     Employees

Are required to ensure compliance with the Code of Conduct.

9.6.     Councillors

Are required to ensure compliance with the Code of Conduct.

9.7.     Others

Administrators, independent conduct reviewers, members of council committees including the conduct review committee and delegates of the council are required to ensure compliance with the Code of Conduct.

10.  Related Documents

Document Name

Document Location

DLG Model Code of Conduct for Local Councils in NSW – December 2018

OLG website

Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW – December 2018

OLG website

Procedures for the Administration of the Code of Conduct for Cabonne Council

Council’s Policy Register

Public Interest Disclosures (Internal Reporting) Policy

Council’s Policy Register

Councillor Interaction with Staff Policy

Included in Council’s Human Resources Manual

 


 

 

11.  Policy Statement

Council has adopted a policy of adopting the following Code of Conduct based on the Model Code of Conduct for Local Councils in NSW December 2018

 

CODE OF CONDUCT

TABLE OF CONTENTS

 

PART 1      INTRODUCTION.. 4

PART 2      DEFINITIONS. 5

PART 3      GENERAL CONDUCT OBLIGATIONS. 7

PART 4      PECUNIARY INTERESTS. 10

PART 5      NON-PECUNIARY CONFLICTS OF INTEREST. 17

PART 6      PERSONAL BENEFIT. 21

PART 7      RELATIONSHIPS BETWEEN COUNCIL OFFICIALS. 23

PART 8      ACCESS TO INFORMATION AND COUNCIL RESOURCES. 26

PART 9      MAINTAINING THE INTEGRITY OF THIS CODE. 29

SCHEDULE 1: DISCLOSURES OF INTERESTS AND OTHER MATTERS IN WRITTEN RETURNS SUBMITTED UNDER CLAUSE 4.21. 32

SCHEDULE 2: FORM OF WRITTEN RETURN OF INTERESTS SUBMITTED UNDER CLAUSE 4.21. 39

SCHEDULE 3: FORM OF SPECIAL DISCLOSURE OF PECUNIARY INTEREST SUBMITTED UNDER CLAUSE 4.37  42

 

 

PART 1     INTRODUCTION

 

This Model Code of Conduct for Local Councils in NSW (“the Model Code of Conduct”) is made under section 440 of the Local Government Act 1993 (“LGA”) and the Local Government (General) Regulation 2005 (“the Regulation”).

The Model Code of Conduct sets the minimum standards of conduct for council officials. It is prescribed by regulation to assist council officials to:

•     understand and comply with the standards of conduct that are expected of them

•     enable them to fulfil their statutory duty to act honestly and exercise a reasonable degree of care and diligence (section 439)

•     act in a way that enhances public confidence in local government.

 

Section 440 of the LGA requires every council (including county councils) and joint organisation to adopt a code of conduct that incorporates the provisions of the Model Code of Conduct. A council’s or joint organisation’s adopted code of conduct may also include provisions that supplement the Model Code of Conduct and that extend its application to persons that are not “council officials” for the purposes of the Model Code of Conduct (eg volunteers, contractors and members of wholly advisory committees).

A council’s or joint organisation’s adopted code of conduct has no effect to the extent that it is inconsistent with the Model Code of Conduct. However, a council’s or joint organisation’s adopted code of conduct may prescribe requirements that are more onerous than those prescribed in the Model Code of Conduct.

Councillors, administrators, members of staff of councils, delegates of councils, (including members of council committees that are delegates of a council) and any other person a council’s adopted code of conduct applies to, must comply with the applicable provisions of their council’s code of conduct. It is the personal responsibility of council officials to comply with the standards in the code and to regularly review their personal circumstances and conduct with this in mind.

Failure by a councillor to comply with the standards of conduct prescribed under this code constitutes misconduct for the purposes of the LGA. The LGA provides for a range of penalties that may be imposed on councillors for misconduct, including suspension or disqualification from civic office. A councillor who has been suspended on three or more occasions for misconduct is automatically disqualified from holding civic office for five years.

Failure by a member of staff to comply with a council’s code of conduct may give rise to disciplinary action.

PART 2     DEFINITIONS

In this code the following terms have the following meanings:

LGA                                       the Local Government Act 1993

 

administrator                         an administrator of a council appointed under the LGA other than an administrator appointed under section 66

committee                              see the definition of “council committee”

complaint                              a code of conduct complaint made for the purposes of clauses 4.1 and 4.2 of the Procedures.

 

council                                  includes county councils and joint organisations

 

council committee               a committee established by a council comprising of councillors, staff or other persons that the council has delegated functions to

 

council committee

member                                 a person other than a councillor or member of staff of a council who is a member of a council committee other than a wholly advisory committee

 

council official                      includes councillors, members of staff of a council, administrators, council committee members, delegates of council and, for the purposes of clause 4.16, council advisers

councillor                              any person elected or appointed to civic office, including the mayor and includes members and chairpersons of county councils and voting representatives of the boards of joint organisations and chairpersons of joint organisations

 

conduct                                 includes acts and omissions

delegate of council             a person (other than a councillor or member of staff of a council) or body, and the individual members of that body, to whom a function of the council is delegated

 

designated person              a person referred to in clause 4.8

 

election campaign               includes council, state and federal election campaigns

 

environmental planning

instrument                             has the same meaning as it has in the Environmental Planning and Assessment Act 1979

general manager                  includes the executive officer of a joint organisation

joint organisation                 a joint organisation established under section 400O of the LGA

local planning panel            a local planning panel constituted under the Environmental Planning and Assessment Act 1979

mayor                                     includes the chairperson of a county council or a joint organisation

members of staff

of a council                           includes members of staff of county councils and joint organisations

the Office                               Office of Local Government

personal information           information or an opinion (including information or an opinion forming part of a database and whether or not recorded in a material form) about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion

the Procedures                     the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW prescribed under the Regulation

the Regulation                      the Local Government (General) Regulation 2005

voting representative           a voting representative of the board of a joint organisation

wholly advisory

committee                              a council committee that the council has not delegated any functions to

 

PART 3     GENERAL CONDUCT OBLIGATIONS

 

General conduct

3.1    You must not conduct yourself in a manner that:

a) is likely to bring the council or other council officials into disrepute

b) is contrary to statutory requirements or the council’s administrative requirements or policies

c) is improper or unethical

d) is an abuse of power

e) causes, comprises or involves intimidation or verbal abuse

f)  involves the misuse of your position to obtain a private benefit

g) constitutes harassment or bullying behaviour under this code, or is unlawfully discriminatory.

 

3.2    You must act lawfully and honestly, and exercise a reasonable degree of care and diligence in carrying out your functions under the LGA or any other Act. (section 439).

 

Fairness and equity

3.3    You must consider issues consistently, promptly and fairly. You must deal with matters in accordance with established procedures, in a non-discriminatory manner.

 

3.4    You must take all relevant facts known to you, or that you should be reasonably aware of, into consideration and have regard to the particular merits of each case. You must not take irrelevant matters or circumstances into consideration when making decisions.

 

3.5    An act or omission in good faith, whether or not it involves error, will not constitute a breach of clauses 3.3 or 3.4.

 

Harassment and discrimination

3.6    You must not harass or unlawfully discriminate against others, or support others who harass or unlawfully discriminate against others, on the grounds of sex, pregnancy, breastfeeding, race, age, marital or domestic status, homosexuality, disability, transgender status, infectious disease, carer’s responsibilities or political, religious or other affiliation.

 

3.7    For the purposes of this code, “harassment” is any form of behaviour towards a person that:

a)   is not wanted by the person

b)   offends, humiliates or intimidates the person, and

c)   creates a hostile environment.

 

Bullying

3.8    You must not engage in bullying behaviour towards others.

 

3.9    For the purposes of this code, “bullying behaviour” is any behaviour in which:

a)   a person or a group of people repeatedly behaves unreasonably towards another person or a group of persons and

b)   the behaviour creates a risk to health and safety.

 

3.10  Bullying behaviour may involve, but is not limited to, any of the following types of behaviour:

a)   aggressive, threatening or intimidating conduct

b)   belittling or humiliating comments

c)   spreading malicious rumours

d)   teasing, practical jokes or ‘initiation ceremonies’

e)   exclusion from work-related events

f)    unreasonable work expectations, including too much or too little work, or work below or beyond a worker's skill level

g)   displaying offensive material

h)  pressure to behave in an inappropriate manner.

 

3.11  Reasonable management action carried out in a reasonable manner does not constitute bullying behaviour for the purposes of this code. Examples of reasonable management action may include, but are not limited to:

a)   performance management processes

b)   disciplinary action for misconduct

c)   informing a worker about unsatisfactory work performance or inappropriate work behaviour

d)   directing a worker to perform duties in keeping with their job

e)   maintaining reasonable workplace goals and standards

f)    legitimately exercising a regulatory function

g)   legitimately implementing a council policy or administrative processes.

 

Work health and safety

3.12  All council officials, including councillors, owe statutory duties under the Work Health and Safety Act 2011 (WH&S Act). You must comply with your duties under the WH&S Act and your responsibilities under any policies or procedures adopted by the council to ensure workplace health and safety. Specifically, you must:

a)   take reasonable care for your own health and safety

b)   take reasonable care that your acts or omissions do not adversely affect the health and safety of other persons

c)   comply, so far as you are reasonably able, with any reasonable instruction that is given to ensure compliance with the WH&S Act and any policies or procedures adopted by the council to ensure workplace health and safety

d)   cooperate with any reasonable policy or procedure of the council relating to workplace health or safety that has been notified to council staff

e)   report accidents, incidents, near misses, to the general manager or such other staff member nominated by the general manager, and take part in any incident investigations

f)    so far as is reasonably practicable, consult, co-operate and coordinate with all others who have a duty under the WH&S Act in relation to the same matter.

 

Land use planning, development assessment and other regulatory functions

3.13  You must ensure that land use planning, development assessment and other regulatory decisions are properly made, and that all parties are dealt with fairly. You must avoid any occasion for suspicion of improper conduct in the exercise of land use planning, development assessment and other regulatory functions.

 

3.14  In exercising land use planning, development assessment and other regulatory functions, you must ensure that no action, statement or communication between yourself and others conveys any suggestion of willingness to improperly provide concessions or preferential or unduly unfavourable treatment.

 

Binding caucus votes

3.15  You must not participate in binding caucus votes in relation to matters to be considered at a council or committee meeting.

 

3.16  For the purposes of clause 3.15, a binding caucus vote is a process whereby a group of councillors are compelled by a threat of disciplinary or other adverse action to comply with a predetermined position on a matter before the council or committee, irrespective of the personal views of individual members of the group on the merits of the matter before the council or committee.

 

3.17  Clause 3.15 does not prohibit councillors from discussing a matter before the council or committee prior to considering the matter in question at a council or committee meeting, or from voluntarily holding a shared view with other councillors on the merits of a matter.

 

3.18  Clause 3.15 does not apply to a decision to elect the mayor or deputy mayor, or to nominate a person to be a member of a council committee or a representative of the council on an external body.

 

Obligations in relation to meetings

3.19  You must comply with rulings by the chair at council and committee meetings or other proceedings of the council unless a motion dissenting from the ruling is passed.

 

3.20  You must not engage in bullying behaviour (as defined under this Part) towards the chair, other council officials or any members of the public present during council or committee meetings or other proceedings of the council (such as, but not limited to, workshops and briefing sessions).

 

3.21  You must not engage in conduct that disrupts council or committee meetings or other proceedings of the council (such as, but not limited to, workshops and briefing sessions), or that would otherwise be inconsistent with the orderly conduct of meetings.

 

3.22  If you are a councillor, you must not engage in any acts of disorder or other conduct that is intended to prevent the proper or effective functioning of the council, or of a committee of the council. Without limiting this clause, you must not:

a)   leave a meeting of the council or a committee for the purposes of depriving the meeting of a quorum, or

b)   submit a rescission motion with respect to a decision for the purposes of voting against it to prevent another councillor from submitting a rescission motion with respect to the same decision, or

c)   deliberately seek to impede the consideration of business at a meeting.

 

 

 

PART 4     PECUNIARY INTERESTS

 

What is a pecuniary interest?

4.1    A pecuniary interest is an interest that you have in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to you or a person referred to in clause 4.3.

 

4.2    You will not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision you might make in relation to the matter, or if the interest is of a kind specified in clause 4.6.

 

4.3    For the purposes of this Part, you will have a pecuniary interest in a matter if the pecuniary interest is:

(a) your interest, or

(b) the interest of your spouse or de facto partner, your relative, or your partner or employer, or

(c)  a company or other body of which you, or your nominee, partner or employer, is a shareholder or member.

 

4.4    For the purposes of clause 4.3:

(a) Your “relative” is any of the following:

i)    your parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

ii)   your spouse’s or de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

iii)  the spouse or de facto partner of a person referred to in paragraphs (i) and (ii).

(b) “de facto partner” has the same meaning as defined in section 21C of the Interpretation Act 1987.

 

4.5    You will not have a pecuniary interest in relation to a person referred to in subclauses 4.3(b) or (c):

(a) if you are unaware of the relevant pecuniary interest of your spouse, de facto partner, relative, partner, employer or company or other body, or

(b) just because the person is a member of, or is employed by, a council or a statutory body, or is employed by the Crown, or

(c)  just because the person is a member of, or a delegate of a council to, a company or other body that has a pecuniary interest in the matter, so long as the person has no beneficial interest in any shares of the company or body.

 

What interests do not have to be disclosed?

4.6    You do not have to disclose the following interests for the purposes of this Part:

(a) your interest as an elector

(b) your interest as a ratepayer or person liable to pay a charge

(c)  an interest you have in any matter relating to the terms on which the provision of a service or the supply of goods or commodities is offered to the public generally, or to a section of the public that includes persons who are not subject to this code

(d) an interest you have in any matter relating to the terms on which the provision of a service or the supply of goods or commodities is offered to your relative by the council in the same manner and subject to the same conditions as apply to persons who are not subject to this code

(e) an interest you have as a member of a club or other organisation or association, unless the interest is as the holder of an office in the club or organisation (whether remunerated or not)

(f)  if you are a council committee member, an interest you have as a person chosen to represent the community, or as a member of a non-profit organisation or other community or special interest group, if you have been appointed to represent the organisation or group on the council committee

(g) an interest you have relating to a contract, proposed contract or other matter, if the interest arises only because of a beneficial interest in shares in a company that does not exceed 10 per cent of the voting rights in the company

(h) an interest you have arising from the proposed making by the council of an agreement between the council and a corporation, association or partnership, being a corporation, association or partnership that has more than 25 members, if the interest arises because your relative is a shareholder (but not a director) of the corporation, or is a member (but not a member of the committee) of the association, or is a partner of the partnership

(i)   an interest you have arising from the making by the council of a contract or agreement with your relative for, or in relation to, any of the following, but only if the proposed contract or agreement is similar in terms and conditions to such contracts and agreements as have been made, or as are proposed to be made, by the council in respect of similar matters with other residents of the area:

i)    the performance by the council at the expense of your relative of any work or service in connection with roads or sanitation

ii)   security for damage to footpaths or roads

iii)  any other service to be rendered, or act to be done, by the council by or under any Act conferring functions on the council, or by or under any contract

(j)   an interest relating to the payment of fees to councillors (including the mayor and deputy mayor)

(k)  an interest relating to the payment of expenses and the provision of facilities to councillors (including the mayor and deputy mayor) in accordance with a policy under section 252 of the LGA,

(l)   an interest relating to an election to the office of mayor arising from the fact that a fee for the following 12 months has been determined for the office of mayor

(m)        an interest of a person arising from the passing for payment of a regular account for the wages or salary of an employee who is a relative of the person

(n) an interest arising from being covered by, or a proposal to be covered by, indemnity insurance as a councillor or a council committee member

(o) an interest arising from the appointment of a councillor to a body as a representative or delegate of the council, whether or not a fee or other recompense is payable to the representative or delegate.

 

4.7    For the purposes of clause 4.6, “relative” has the same meaning as in clause 4.4, but includes your spouse or de facto partner.

 

What disclosures must be made by a designated person?

4.8    Designated persons include:

(a) the general manager

(b) other senior staff of the council for the purposes of section 332 of the LGA

(c)  a person (other than a member of the senior staff of the council) who is a member of staff of the council or a delegate of the council and who holds a position identified by the council as the position of a designated person because it involves the exercise of functions (such as regulatory functions or contractual functions) that, in their exercise, could give rise to a conflict between the person’s duty as a member of staff or delegate and the person’s private interest

(d) a person (other than a member of the senior staff of the council) who is a member of a committee of the council identified by the council as a committee whose members are designated persons because the functions of the committee involve the exercise of the council’s functions (such as regulatory functions or contractual functions) that, in their exercise, could give rise to a conflict between the member’s duty as a member of the committee and the member’s private interest.

 

4.9    A designated person:

(a) must prepare and submit written returns of interests in accordance with clauses 4.21, and

(b) must disclose pecuniary interests in accordance with clause 4.10.

 

4.10  A designated person must disclose in writing to the general manager (or if the person is the general manager, to the council) the nature of any pecuniary interest the person has in any council matter with which the person is dealing as soon as practicable after becoming aware of the interest.

 

4.11  Clause 4.10 does not require a designated person who is a member of staff of the council to disclose a pecuniary interest if the interest relates only to the person’s salary as a member of staff, or to their other conditions of employment.

 

4.12  The general manager must, on receiving a disclosure from a designated person, deal with the matter to which the disclosure relates or refer it to another person to deal with.

 

4.13  A disclosure by the general manager must, as soon as practicable after the disclosure is made, be laid on the table at a meeting of the council and the council must deal with the matter to which the disclosure relates or refer it to another person to deal with.

 

What disclosures must be made by council staff other than designated persons?

4.14  A member of staff of council, other than a designated person, must disclose in writing to their manager or the general manager the nature of any pecuniary interest they have in a matter they are dealing with as soon as practicable after becoming aware of the interest.

 

4.15  The staff member’s manager or the general manager must, on receiving a disclosure under clause 4.14, deal with the matter to which the disclosure relates or refer it to another person to deal with.

 

What disclosures must be made by council advisers?

4.16  A person who, at the request or with the consent of the council or a council committee, gives advice on any matter at any meeting of the council or committee, must disclose the nature of any pecuniary interest the person has in the matter to the meeting at the time the advice is given. The person is not required to disclose the person’s interest as an adviser.

 

4.17  A person does not breach clause 4.16 if the person did not know, and could not reasonably be expected to have known, that the matter under consideration at the meeting was a matter in which they had a pecuniary interest.

 

What disclosures must be made by a council committee member?

4.18  A council committee member must disclose pecuniary interests in accordance with clause 4.28 and comply with clause 4.29.

 

4.19  For the purposes of clause 4.18, a “council committee member” includes a member of staff of council who is a member of the committee.

 

What disclosures must be made by a councillor?

4.20  A councillor:

(a) must prepare and submit written returns of interests in accordance with clause 4.21, and

(b) must disclose pecuniary interests in accordance with clause 4.28 and comply with clause 4.29 where it is applicable.

 

Disclosure of interests in written returns

4.21  A councillor or designated person must make and lodge with the general manager a return in the form set out in schedule 2 to this code, disclosing the councillor’s or designated person’s interests as specified in schedule 1 to this code within 3 months after:

(a) becoming a councillor or designated person, and

(b) 30 June of each year, and

(c)  the councillor or designated person becoming aware of an interest they are required to disclose under schedule 1 that has not been previously disclosed in a return lodged under paragraphs (a) or (b).

 

4.22  A person need not make and lodge a return under clause 4.21, paragraphs (a) and (b) if:

(a) they made and lodged a return under that clause in the preceding 3 months, or

(b) they have ceased to be a councillor or designated person in the preceding 3 months.

 

4.23  A person must not make and lodge a return that the person knows or ought reasonably to know is false or misleading in a material particular.

 

4.24  The general manager must keep a register of returns required to be made and lodged with the general manager.

 

4.25  Returns required to be lodged with the general manager under clause 4.21(a) and (b) must be tabled at the first meeting of the council after the last day the return is required to be lodged.

 

4.26  Returns required to be lodged with the general manager under clause 4.21(c) must be tabled at the next council meeting after the return is lodged.

 

4.27  Information contained in returns made and lodged under clause 4.21 is to be made publicly available in accordance with the requirements of the Government Information (Public Access) Act 2009, the Government Information (Public Access) Regulation 2009 and any guidelines issued by the Information Commissioner.

 

Disclosure of pecuniary interests at meetings

4.28  A councillor or a council committee member who has a pecuniary interest in any matter with which the council is concerned, and who is present at a meeting of the council or committee at which the matter is being considered, must disclose the nature of the interest to the meeting as soon as practicable.

 

4.29  The councillor or council committee member must not be present at, or in sight of, the meeting of the council or committee:

(a) at any time during which the matter is being considered or discussed by the council or committee, or

(b) at any time during which the council or committee is voting on any question in relation to the matter.

 

4.30  In the case of a meeting of a board of a joint organisation, a voting representative is taken to be present at the meeting for the purposes of clauses 4.28 and 4.29 where they participate in the meeting by telephone or other electronic means.

 

4.31  A disclosure made at a meeting of a council or council committee must be recorded in the minutes of the meeting.

 

4.32  A general notice may be given to the general manager in writing by a councillor or a council committee member to the effect that the councillor or council committee member, or the councillor’s or council committee member’s spouse, de facto partner or relative, is:

(a) a member of, or in the employment of, a specified company or other body, or

(b) a partner of, or in the employment of, a specified person.

Such a notice is, unless and until the notice is withdrawn or until the end of the term of the council in which it is given (whichever is the sooner), sufficient disclosure of the councillor’s or council committee member’s interest in a matter relating to the specified company, body or person that may be the subject of consideration by the council or council committee after the date of the notice.

 

4.33  A councillor or a council committee member is not prevented from being present at and taking part in a meeting at which a matter is being considered, or from voting on the matter, merely because the councillor or council committee member has an interest in the matter of a kind referred to in clause 4.6.

 

4.34  A person does not breach clauses 4.28 or 4.29 if the person did not know, and could not reasonably be expected to have known, that the matter under consideration at the meeting was a matter in which they had a pecuniary interest.

 

4.35  Despite clause 4.29, a councillor who has a pecuniary interest in a matter may participate in a decision to delegate consideration of the matter in question to another body or person.

 

4.36  Clause 4.29 does not apply to a councillor who has a pecuniary interest in a matter that is being considered at a meeting if:

(a) the matter is a proposal relating to:

(i)         the making of a principal environmental planning instrument applying to the whole or a significant portion of the council’s area, or

(ii)        the amendment, alteration or repeal of an environmental planning instrument where the amendment, alteration or repeal applies to the whole or a significant portion of the council’s area, and

(b) the pecuniary interest arises only because of an interest of the councillor in the councillor’s principal place of residence or an interest of another person (whose interests are relevant under clause 4.3) in that person’s principal place of residence, and

(c)  the councillor made a special disclosure under clause 4.37 in relation to the interest before the commencement of the meeting.

 

4.37  A special disclosure of a pecuniary interest made for the purposes of clause 4.36(c) must:

(a) be in the form set out in schedule 3 of this code and contain the information required by that form, and

(b) be laid on the table at a meeting of the council as soon as practicable after the disclosure is made, and the information contained in the special disclosure is to be recorded in the minutes of the meeting.

 

4.38  The Minister for Local Government may, conditionally or unconditionally, allow a councillor or a council committee member who has a pecuniary interest in a matter with which the council is concerned to be present at a meeting of the council or committee, to take part in the consideration or discussion of the matter and to vote on the matter if the Minister is of the opinion:

(a) that the number of councillors prevented from voting would be so great a proportion of the whole as to impede the transaction of business, or

(b) that it is in the interests of the electors for the area to do so.

 

4.39  A councillor or a council committee member with a pecuniary interest in a matter who is permitted to be present at a meeting of the council or committee, to take part in the consideration or discussion of the matter and to vote on the matter under clause 4.38, must still disclose the interest they have in the matter in accordance with clause 4.28.

 


PART 5     NON-PECUNIARY CONFLICTS OF INTEREST

 

What is a non-pecuniary conflict of interest?

 

5.1    Non-pecuniary interests are private or personal interests a council official has that do not amount to a pecuniary interest as defined in clause 4.1 of this code. These commonly arise out of family or personal relationships, or out of involvement in sporting, social, religious or other cultural groups and associations, and may include an interest of a financial nature.

 

5.2    A non-pecuniary conflict of interest exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your official functions in relation to a matter.

 

5.3    The personal or political views of a council official do not constitute a private interest for the purposes of clause 5.2.

 

5.4    Non-pecuniary conflicts of interest must be identified and appropriately managed to uphold community confidence in the probity of council decision-making. The onus is on you to identify any non-pecuniary conflict of interest you may have in matters that you deal with, to disclose the interest fully and in writing, and to take appropriate action to manage the conflict in accordance with this code.

 

5.5    When considering whether or not you have a non-pecuniary conflict of interest in a matter you are dealing with, it is always important to think about how others would view your situation.

 

Managing non-pecuniary conflicts of interest

5.6    Where you have a non-pecuniary conflict of interest in a matter for the purposes of clause 5.2, you must disclose the relevant private interest you have in relation to the matter fully and in writing as soon as practicable after becoming aware of the non-pecuniary conflict of interest and on each occasion on which the non-pecuniary conflict of interest arises in relation to the matter. In the case of members of council staff other than the general manager, such a disclosure is to be made to the staff member’s manager. In the case of the general manager, such a disclosure is to be made to the mayor.

 

5.7    If a disclosure is made at a council or committee meeting, both the disclosure and the nature of the interest must be recorded in the minutes on each occasion on which the non-pecuniary conflict of interest arises. This disclosure constitutes disclosure in writing for the purposes of clause 5.6.

 

5.8    How you manage a non-pecuniary conflict of interest will depend on whether or not it is significant.

 

5.9    As a general rule, a non-pecuniary conflict of interest will be significant where it does not involve a pecuniary interest for the purposes of clause 4.1, but it involves:

a)   a relationship between a council official and another person who is affected by a decision or a matter under consideration that is particularly close, such as a current or former spouse or de facto partner, a relative for the purposes of clause 4.4 or another person from the council official’s extended family that the council official has a close personal relationship with, or another person living in the same household

b)   other relationships with persons who are affected by a decision or a matter under consideration that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship.

c)   an affiliation between the council official and an organisation (such as a sporting body, club, religious, cultural or charitable organisation, corporation or association) that is affected by a decision or a matter under consideration that is particularly strong. The strength of a council official’s affiliation with an organisation is to be determined by the extent to which they actively participate in the management, administration or other activities of the organisation.

d)   membership, as the council’s representative, of the board or management committee of an organisation that is affected by a decision or a matter under consideration, in circumstances where the interests of the council and the organisation are potentially in conflict in relation to the particular matter

e)   a financial interest (other than an interest of a type referred to in clause 4.6) that is not a pecuniary interest for the purposes of clause 4.1

f)    the conferral or loss of a personal benefit other than one conferred or lost as a member of the community or a broader class of people affected by a decision.

 

5.10  Significant non-pecuniary conflicts of interest must be managed in one of two ways:

a)   by not participating in consideration of, or decision making in relation to, the matter in which you have the significant non-pecuniary conflict of interest and the matter being allocated to another person for consideration or determination, or

b)   if the significant non-pecuniary conflict of interest arises in relation to a matter under consideration at a council or committee meeting, by managing the conflict of interest as if you had a pecuniary interest in the matter by complying with clauses 4.28 and 4.29.

 

5.11  If you determine that you have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest you must also explain in writing why you consider that the non-pecuniary conflict of interest is not significant and does not require further action in the circumstances.

 

5.12  If you are a member of staff of council other than the general manager, the decision on which option should be taken to manage a non-pecuniary conflict of interest must be made in consultation with and at the direction of your manager. In the case of the general manager, the decision on which option should be taken to manage a non-pecuniary conflict of interest must be made in consultation with and at the direction of the mayor.

 

5.13  Despite clause 5.10(b), a councillor who has a significant non-pecuniary conflict of interest in a matter, may participate in a decision to delegate consideration of the matter in question to another body or person.

 

5.14  Council committee members are not required to declare and manage a non-pecuniary conflict of interest in accordance with the requirements of this Part where it arises from an interest they have as a person chosen to represent the community, or as a member of a non-profit organisation or other community or special interest group, if they have been appointed to represent the organisation or group on the council committee.

 

Political donations

5.15  Councillors should be aware that matters before council or committee meetings involving their political donors may also give rise to a non-pecuniary conflict of interest.

 

5.16  Where you are a councillor and have received or knowingly benefitted from a reportable political donation:

a)   made by a major political donor in the previous four years, and

b)   the major political donor has a matter before council,

you must declare a non-pecuniary conflict of interest in the matter, disclose the nature of the interest, and manage the conflict of interest as if you had a pecuniary interest in the matter by complying with clauses 4.28 and 4.29. A disclosure made under this clause must be recorded in the minutes of the meeting.

 

5.17  For the purposes of this Part:

a)   a “reportable political donation” has the same meaning as it has in section 6 of the Electoral Funding Act 2018

b)   “major political donor” has the same meaning as it has in the Electoral Funding Act 2018.

 

5.18  Councillors should note that political donations that are not a “reportable political donation”, or political donations to a registered political party or group by which a councillor is endorsed, may still give rise to a non-pecuniary conflict of interest. Councillors should determine whether or not such conflicts are significant for the purposes of clause 5.9 and take the appropriate action to manage them.

 

5.19  Despite clause 5.16, a councillor who has received or knowingly benefitted from a reportable political donation of the kind referred to in that clause, may participate in a decision to delegate consideration of the matter in question to another body or person.

 

Loss of quorum as a result of compliance with this Part

5.20  A councillor who would otherwise be precluded from participating in the consideration of a matter under this Part because they have a non-pecuniary conflict of interest in the matter is permitted to participate in consideration of the matter if:

a)   the matter is a proposal relating to:

i)    the making of a principal environmental planning instrument applying to the whole or a significant portion of the council’s area, or

ii)   the amendment, alteration or repeal of an environmental planning instrument where the amendment, alteration or repeal applies to the whole or a significant portion of the council’s area, and

b)   the non-pecuniary conflict of interest arises only because of an interest that a person has in that person’s principal place of residence, and

c)   the councillor discloses the interest they have in the matter that would otherwise have precluded their participation in consideration of the matter under this Part in accordance with clause 5.6.

 

5.21  The Minister for Local Government may, conditionally or unconditionally, allow a councillor or a council committee member who is precluded under this Part from participating in the consideration of a matter to be present at a meeting of the council or committee, to take part in the consideration or discussion of the matter and to vote on the matter if the Minister is of the opinion:

a)   that the number of councillors prevented from voting would be so great a proportion of the whole as to impede the transaction of business, or

b)   that it is in the interests of the electors for the area to do so.

 

5.22  Where the Minister exempts a councillor or committee member from complying with a requirement under this Part under clause 5.21, the councillor or committee member must still disclose any interests they have in the matter the exemption applies to, in accordance with clause 5.6.

 

Other business or employment

5.23  The general manager must not engage, for remuneration, in private employment, contract work or other business outside the service of the council without the approval of the council.

 

5.24  A member of staff must not engage, for remuneration, in private employment, contract work or other business outside the service of the council that relates to the business of the council or that might conflict with the staff member’s council duties unless they have notified the general manager in writing of the employment, work or business and the general manager has given their written approval for the staff member to engage in the employment, work or business.

 

5.25  The general manager may at any time prohibit a member of staff from engaging, for remuneration, in private employment, contract work or other business outside the service of the council that relates to the business of the council, or that might conflict with the staff member’s council duties.

 

5.26  A member of staff must not engage, for remuneration, in private employment, contract work or other business outside the service of the council if prohibited from doing so.

 

5.27  Members of staff must ensure that any outside employment, work or business they engage in will not:

a)   conflict with their official duties

b)   involve using confidential information or council resources obtained through their work with the council including where private use is permitted

c)   require them to work while on council duty

d)   discredit or disadvantage the council

e)   pose, due to fatigue, a risk to their health or safety, or to the health and safety of their co-workers.

 

Personal dealings with council

5.28  You may have reason to deal with your council in your personal capacity (for example, as a ratepayer, recipient of a council service or applicant for a development consent granted by council). You must not expect or request preferential treatment in relation to any matter in which you have a private interest because of your position. You must avoid any action that could lead members of the public to believe that you are seeking preferential treatment.

 

5.29  You must undertake any personal dealings you have with the council in a manner that is consistent with the way other members of the community deal with the council. You must also ensure that you disclose and appropriately manage any conflict of interest you may have in any matter in accordance with the requirements of this code.

 

PART 6     PERSONAL BENEFIT

 

6.1    For the purposes of this Part, a gift or a benefit is something offered to or received by a council official or someone personally associated with them for their personal use and enjoyment.

 

6.2    A reference to a gift or benefit in this Part does not include:

a)   a political donation for the purposes of the Electoral Funding Act 2018

b)   a gift provided to the council as part of a cultural exchange or sister-city relationship that is not converted for the personal use or enjoyment of any individual council official or someone personally associated with them

c)   attendance by a council official at a work-related event or function for the purposes of performing their official duties, or

d)   free or subsidised meals, beverages or refreshments of token value provided to council officials in conjunction with the performance of their official duties such as, but not limited to:

i)          the discussion of official business

ii)         work-related events such as council-sponsored or community events, training, education sessions or workshops

iii)        conferences

iv)        council functions or events

v)         social functions organised by groups, such as council committees and community organisations.

 

Gifts and benefits

6.3    You must avoid situations that would give rise to the appearance that a person or body is attempting to secure favourable treatment from you or from the council, through the provision of gifts, benefits or hospitality of any kind to you or someone personally associated with you.

 

6.4    A gift or benefit is deemed to have been accepted by you for the purposes of this Part, where it is received by you or someone personally associated with you.

 

How are offers of gifts and benefits to be dealt with?

6.5    You must not:

a)   seek or accept a bribe or other improper inducement

b)   seek gifts or benefits of any kind

c)   accept any gift or benefit that may create a sense of obligation on your part, or may be perceived to be intended or likely to influence you in carrying out your public duty

d)   subject to clause 6.7, accept any gift or benefit of more than token value as defined by clause 6.9

e)   accept an offer of cash or a cash-like gift as defined by clause 6.13, regardless of the amount

f)    participate in competitions for prizes where eligibility is based on the council being in or entering into a customer–supplier relationship with the competition organiser

g)   personally benefit from reward points programs when purchasing on behalf of the council.

 

6.6    Where you receive a gift or benefit of any value other than one referred to in clause 6.2, you must disclose this promptly to your manager or the general manager in writing. The recipient, manager, or general manager must ensure that, at a minimum, the following details are recorded in the council’s gift register:

a)   the nature of the gift or benefit

b)   the estimated monetary value of the gift or benefit

c)   the name of the person who provided the gift or benefit, and

d)   the date on which the gift or benefit was received.

 

6.7    Where you receive a gift or benefit of more than token value that cannot reasonably be refused or returned, the gift or benefit must be surrendered to the council, unless the nature of the gift or benefit makes this impractical.

 

Gifts and benefits of token value

6.8    You may accept gifts and benefits of token value. Gifts and benefits of token value are one or more gifts or benefits received from a person or organisation over a 12-month period that, when aggregated, do not exceed a value of $50. They include, but are not limited to:

a)   invitations to and attendance at local social, cultural or sporting events with a ticket value that does not exceed $50

b)   gifts of alcohol that do not exceed a value of $50

c)   ties, scarves, coasters, tie pins, diaries, chocolates or flowers or the like

d)   prizes or awards that do not exceed $50 in value.

 

Gifts and benefits of more than token value

6.9    Gifts or benefits that exceed $50 in value are gifts or benefits of more than token value for the purposes of clause 6.5(d) and, subject to clause 6.7, must not be accepted.

 

6.10  Gifts and benefits of more than token value include, but are not limited to, tickets to major sporting events (such as international matches or matches in national sporting codes) with a ticket value that exceeds $50, corporate hospitality at a corporate facility at major sporting events, free or discounted products or services for personal use provided on terms that are not available to the general public or a broad class of persons, the use of holiday homes, artworks, free or discounted travel.

 

6.11  Where you have accepted a gift or benefit of token value from a person or organisation, you must not accept a further gift or benefit from the same person or organisation or another person associated with that person or organisation within a single 12-month period where the value of the gift, added to the value of earlier gifts received from the same person or organisation, or a person associated with that person or organisation, during the same 12-month period would exceed $50 in value.

 

6.12  For the purposes of this Part, the value of a gift or benefit is the monetary value of the gift or benefit inclusive of GST.

 

“Cash-like gifts”

6.13  For the purposes of clause 6.5(e), “cash-like gifts” include but are not limited to, gift vouchers, credit cards, debit cards with credit on them, prepayments such as phone or internet credit, lottery tickets, memberships or entitlements to discounts that are not available to the general public or a broad class of persons.

 

Improper and undue influence

6.14  You must not use your position to influence other council officials in the performance of their official functions to obtain a private benefit for yourself or for somebody else. A councillor will not be in breach of this clause where they seek to influence other council officials through the proper exercise of their role as prescribed under the LGA.

 

6.15  You must not take advantage (or seek to take advantage) of your status or position with council, or of functions you perform for council, in order to obtain a private benefit for yourself or for any other person or body.

 

PART 7     RELATIONSHIPS BETWEEN COUNCIL OFFICIALS

 

Obligations of councillors and administrators

7.1    Each council is a body politic. The councillors or administrator/s are the governing body of the council. Under section 223 of the LGA, the role of the governing body of the council includes the development and endorsement of the strategic plans, programs, strategies and policies of the council, including those relating to workforce policy, and to keep the performance of the council under review.

 

7.2    Councillors or administrators must not:

a)   direct council staff other than by giving appropriate direction to the general manager by way of council or committee resolution, or by the mayor or administrator exercising their functions under section 226 of the LGA

b)   in any public or private forum, direct or influence, or attempt to direct or influence, any other member of the staff of the council or a delegate of the council in the exercise of the functions of the staff member or delegate

c)   contact a member of the staff of the council on council-related business unless in accordance with the policy and procedures governing the interaction of councillors and council staff that have been authorised by the council and the general manager

d)   contact or issue instructions to any of the council’s contractors, including the council’s legal advisers, unless by the mayor or administrator exercising their functions under section 226 of the LGA.

 

7.3    Despite clause 7.2, councillors may contact the council’s external auditor or the chair of the council’s audit risk and improvement committee to provide information reasonably necessary for the external auditor or the audit, risk and improvement committee to effectively perform their functions.

 

Obligations of staff

7.4    Under section 335 of the LGA, the role of the general manager includes conducting the day-to-day management of the council in accordance with the strategic plans, programs, strategies and policies of the council, implementing without undue delay, lawful decisions of the council and ensuring that the mayor and other councillors are given timely information and advice and the administrative and professional support necessary to effectively discharge their official functions.

 

7.5    Members of staff of council must:

a)   give their attention to the business of the council while on duty

b)   ensure that their work is carried out ethically, efficiently, economically and effectively

c)   carry out reasonable and lawful directions given by any person having authority to give such directions

d)   give effect to the lawful decisions, policies and procedures of the council, whether or not the staff member agrees with or approves of them

e)   ensure that any participation in political activities outside the service of the council does not interfere with the performance of their official duties.

 

Inappropriate interactions

7.6    You must not engage in any of the following inappropriate interactions:

a)   councillors and administrators approaching staff and staff organisations to discuss individual or operational staff matters (other than matters relating to broader workforce policy), grievances, workplace investigations and disciplinary matters

b)   council staff approaching councillors and administrators to discuss individual or operational staff matters (other than matters relating to broader workforce policy), grievances, workplace investigations and disciplinary matters

c)   subject to clause 8.6, council staff refusing to give information that is available to other councillors to a particular councillor

d)   councillors and administrators who have lodged an application with the council, discussing the matter with council staff in staff-only areas of the council

e)   councillors and administrators approaching members of local planning panels or discussing any application that is either before the panel or that will come before the panel at some future time, except during a panel meeting where the application forms part of the agenda and the councillor has a right to be heard by the panel at the meeting

f)    councillors and administrators being overbearing or threatening to council staff

g)   council staff being overbearing or threatening to councillors or administrators

h)  councillors and administrators making personal attacks on council staff or engaging in conduct towards staff that would be contrary to the general conduct provisions in Part 3 of this code in public forums including social media

i)    councillors and administrators directing or pressuring council staff in the performance of their work, or recommendations they should make

j)    council staff providing ad hoc advice to councillors and administrators without recording or documenting the interaction as they would if the advice was provided to a member of the community

k)   council staff meeting with applicants or objectors alone AND outside office hours to discuss planning applications or proposals

l)    councillors attending on-site inspection meetings with lawyers and/or consultants engaged by the council associated with current or proposed legal proceedings unless permitted to do so by the council’s general manager or, in the case of the mayor or administrator, unless they are exercising their functions under section 226 of the LGA.

 


 

 

 

 

PART 8     ACCESS TO INFORMATION AND COUNCIL RESOURCES

 

Councillor and administrator access to information

8.1    The general manager is responsible for ensuring that councillors and administrators can access information necessary for the performance of their official functions. The general manager and public officer are also responsible for ensuring that members of the public can access publicly available council information under the Government Information (Public Access) Act 2009 (the GIPA Act).

 

8.2    The general manager must provide councillors and administrators with the information necessary to effectively discharge their official functions.

 

8.3    Members of staff of council must provide full and timely information to councillors and administrators sufficient to enable them to exercise their official functions and in accordance with council procedures.

 

8.4    Members of staff of council who provide any information to a particular councillor in the performance of their official functions must also make it available to any other councillor who requests it and in accordance with council procedures.

 

8.5    Councillors and administrators who have a private interest only in council information have the same rights of access as any member of the public.

 

8.6    Despite clause 8.4, councillors and administrators who are precluded from participating in the consideration of a matter under this code because they have a conflict of interest in the matter, are not entitled to request access to council information in relation to the matter unless the information is otherwise available to members of the public, or the council has determined to make the information available under the GIPA Act.

 

Councillors and administrators to properly examine and consider information

8.7    Councillors and administrators must ensure that they comply with their duty under section 439 of the LGA to act honestly and exercise a reasonable degree of care and diligence by properly examining and considering all the information provided to them relating to matters that they are required to make a decision on.

 

Refusal of access to information

8.8    Where the general manager or public officer determine to refuse access to information requested by a councillor or administrator, they must act reasonably. In reaching this decision they must take into account whether or not the information requested is necessary for the councillor or administrator to perform their official functions (see clause 8.2) and whether they have disclosed a conflict of interest in the matter the information relates to that would preclude their participation in consideration of the matter (see clause 8.6). The general manager or public officer must state the reasons for the decision if access is refused.

 

Use of certain council information

8.9    In regard to information obtained in your capacity as a council official, you must:

a)   subject to clause 8.14, only access council information needed for council business

b)   not use that council information for private purposes

c)   not seek or obtain, either directly or indirectly, any financial benefit or other improper advantage for yourself, or any other person or body, from any information to which you have access by virtue of your office or position with council

d)   only release council information in accordance with established council policies and procedures and in compliance with relevant legislation.

 

Use and security of confidential information

8.10  You must maintain the integrity and security of confidential information in your possession, or for which you are responsible.

 

8.11  In addition to your general obligations relating to the use of council information, you must:

a)   only access confidential information that you have been authorised to access and only do so for the purposes of exercising your official functions

b)   protect confidential information

c)   only release confidential information if you have authority to do so

d)   only use confidential information for the purpose for which it is intended to be used

e)   not use confidential information gained through your official position for the purpose of securing a private benefit for yourself or for any other person

f)    not use confidential information with the intention to cause harm or detriment to the council or any other person or body

g)   not disclose any confidential information discussed during a confidential session of a council or committee meeting or any other confidential forum (such as, but not limited to, workshops or briefing sessions).

 

Personal information

8.12  When dealing with personal information you must comply with:

a)   the Privacy and Personal Information Protection Act 1998

b)   the Health Records and Information Privacy Act 2002

c)   the Information Protection Principles and Health Privacy Principles

d)   the council’s privacy management plan

e)   the Privacy Code of Practice for Local Government

 

Use of council resources

8.13  You must use council resources ethically, effectively, efficiently and carefully in exercising your official functions, and must not use them for private purposes, except when supplied as part of a contract of employment (but not for private business purposes), unless this use is lawfully authorised and proper payment is made where appropriate.

 

8.14  Union delegates and consultative committee members may have reasonable access to council resources and information for the purposes of carrying out their industrial responsibilities, including but not limited to:

a)   the representation of members with respect to disciplinary matters

b)   the representation of employees with respect to grievances and disputes

c)   functions associated with the role of the local consultative committee.

 

8.15  You must be scrupulous in your use of council property, including intellectual property, official services, facilities, technology and electronic devices and must not permit their misuse by any other person or body.

 

8.16  You must avoid any action or situation that could create the appearance that council property, official services or public facilities are being improperly used for your benefit or the benefit of any other person or body.

 

8.17  You must not use council resources (including council staff), property or facilities for the purpose of assisting your election campaign or the election campaigns of others unless the resources, property or facilities are otherwise available for use or hire by the public and any publicly advertised fee is paid for use of the resources, property or facility.

 

8.18  You must not use the council letterhead, council crests, council email or social media or other information that could give the appearance it is official council material:

a)   for the purpose of assisting your election campaign or the election campaign of others, or

b)   for other non-official purposes.

 

8.19  You must not convert any property of the council to your own use unless properly authorised.

 

Internet access

8.20  You must not use council’s computer resources or mobile or other devices to search for, access, download or communicate any material of an offensive, obscene, pornographic, threatening, abusive or defamatory nature, or that could otherwise lead to criminal penalty or civil liability and/or damage the council’s reputation.

 

Council record keeping

8.21  You must comply with the requirements of the State Records Act 1998 and the council’s records management policy.

 

8.22  All information created, sent and received in your official capacity is a council record and must be managed in accordance with the requirements of the State Records Act 1998 and the council’s approved records management policies and practices.

 

8.23  All information stored in either soft or hard copy on council supplied resources (including technology devices and email accounts) is deemed to be related to the business of the council and will be treated as council records, regardless of whether the original intention was to create the information for personal purposes.

 

8.24  You must not destroy, alter, or dispose of council information or records, unless authorised to do so. If you need to alter or dispose of council information or records, you must do so in consultation with the council’s records manager and comply with the requirements of the State Records Act 1998.

 

Councillor access to council buildings

8.25  Councillors and administrators are entitled to have access to the council chamber, committee room, mayor’s office (subject to availability), councillors’ rooms, and public areas of council’s buildings during normal business hours and for meetings. Councillors and administrators needing access to these facilities at other times must obtain authority from the general manager.

 

8.26  Councillors and administrators must not enter staff-only areas of council buildings without the approval of the general manager (or their delegate) or as provided for in the procedures governing the interaction of councillors and council staff.

 

8.27  Councillors and administrators must ensure that when they are within a staff only area they refrain from conduct that could be perceived to improperly influence council staff decisions.

 

 

PART 9     MAINTAINING THE INTEGRITY OF THIS CODE

 

Complaints made for an improper purpose

9.1    You must not make or threaten to make a complaint or cause a complaint to be made alleging a breach of this code for an improper purpose.

 

9.2    For the purposes of clause 9.1, a complaint is made for an improper purpose where it is trivial, frivolous, vexatious or not made in good faith, or where it otherwise lacks merit and has been made substantially for one or more of the following purposes:

a)   to bully, intimidate or harass another council official

b)   to damage another council official’s reputation

c)   to obtain a political advantage

d)   to influence a council official in the exercise of their official functions or to prevent or disrupt the exercise of those functions

e)   to influence the council in the exercise of its functions or to prevent or disrupt the exercise of those functions

f)    to avoid disciplinary action under the Procedures

g)   to take reprisal action against a person for making a complaint alleging a breach of this code

h)  to take reprisal action against a person for exercising a function prescribed under the Procedures

i)    to prevent or disrupt the effective administration of this code under the Procedures.

 

Detrimental action

9.3    You must not take detrimental action or cause detrimental action to be taken against a person substantially in reprisal for a complaint they have made alleging a breach of this code.

 

9.4    You must not take detrimental action or cause detrimental action to be taken against a person substantially in reprisal for any function they have exercised under the Procedures.

 

9.5    For the purposes of clauses 9.3 and 9.4, a detrimental action is an action causing, comprising or involving any of the following:

a)   injury, damage or loss

b)   intimidation or harassment

c)   discrimination, disadvantage or adverse treatment in relation to employment

d)   dismissal from, or prejudice in, employment

e)   disciplinary proceedings.

 

Compliance with requirements under the Procedures

9.6    You must not engage in conduct that is calculated to impede or disrupt the consideration of a matter under the Procedures.

 

9.7    You must comply with a reasonable and lawful request made by a person exercising a function under the Procedures. A failure to make a written or oral submission invited under the Procedures will not constitute a breach of this clause.

 

You must comply with a practice ruling made by the Office under the Procedures.

 

Where you are a councillor or the general manager, you must comply with any council resolution requiring you to take action as a result of a breach of this code.

 

Disclosure of information about the consideration of a matter under the Procedures

All allegations of breaches of this code must be dealt with under and in accordance with the Procedures.

 

You must not allege breaches of this code other than by way of a complaint made or initiated under the Procedures.

 

You must not make allegations about, or disclose information about, suspected breaches of this code at council, committee or other meetings, whether open to the public or not, or in any other forum, whether public or not.

 

You must not disclose information about a complaint you have made alleging a breach of this code or a matter being considered under the Procedures except for the purposes of seeking legal advice, unless the disclosure is otherwise permitted under the Procedures.

 

Nothing under this Part prevents a person from making a public interest disclosure to an appropriate public authority or investigative authority under the Public Interest Disclosures Act 1994.

 

Complaints alleging a breach of this Part

Complaints alleging a breach of this Part by a councillor, the general manager or an administrator are to be managed by the Office. This clause does not prevent the Office from referring an alleged breach of this Part back to the council for consideration in accordance with the Procedures.

 

Complaints alleging a breach of this Part by other council officials are to be managed by the general manager in accordance with the Procedures.

 


 

SCHEDULE 1: DISCLOSURES OF INTERESTS AND OTHER MATTERS IN WRITTEN RETURNS SUBMITTED UNDER CLAUSE 4.21

 

Part 1: Preliminary

 

Definitions

1.   For the purposes of the schedules to this code, the following definitions apply:

 

address means:

 

a)   in relation to a person other than a corporation, the last residential or business address of the person known to the councillor or designated person disclosing the address, or

b)   in relation to a corporation, the address of the registered office of the corporation in New South Wales or, if there is no such office, the address of the principal office of the corporation in the place where it is registered, or

c)   in relation to any real property, the street address of the property.

 

de facto partner has the same meaning as defined in section 21C of the Interpretation Act 1987.

 

disposition of property means a conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, including the following:

 

a)   the allotment of shares in a company

b)   the creation of a trust in respect of property

c)   the grant or creation of a lease, mortgage, charge, easement, licence, power, partnership or interest in respect of property

d)   the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of a debt, contract or chose in action, or of an interest in respect of property

e)   the exercise by a person of a general power of appointment over property in favour of another person

f)    a transaction entered into by a person who intends by the transaction to diminish, directly or indirectly, the value of the person’s own property and to increase the value of the property of another person.

 

gift means a disposition of property made otherwise than by will (whether or not by instrument in writing) without consideration, or with inadequate consideration, in money or money’s worth passing from the person to whom the disposition was made to the person who made the disposition, but does not include a financial or other contribution to travel.

 

interest means:

 

a)   in relation to property, an estate, interest, right or power, at law or in equity, in or over the property, or

b)   in relation to a corporation, a relevant interest (within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth) in securities issued or made available by the corporation.

 

listed company means a company that is listed within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth.

 

occupation includes trade, profession and vocation.

 

professional or business association means an incorporated or unincorporated body or organisation having as one of its objects or activities the promotion of the economic interests of its members in any occupation.

 

property includes money.

 

return date means:

 

a)   in the case of a return made under clause 4.21(a), the date on which a person became a councillor or designated person

b)   in the case of a return made under clause 4.21(b), 30 June of the year in which the return is made

c)   in the case of a return made under clause 4.21(c), the date on which the councillor or designated person became aware of the interest to be disclosed.

 

relative includes any of the following:

 

a)   a person’s spouse or de facto partner

b)   a person’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

c)   a person’s spouse’s or de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

d)   the spouse or de factor partner of a person referred to in paragraphs (b) and (c).

 

travel includes accommodation incidental to a journey.

 

Matters relating to the interests that must be included in returns

2.   Interests etc. outside New South Wales: A reference in this schedule or in schedule 2 to a disclosure concerning a corporation or other thing includes any reference to a disclosure concerning a corporation registered, or other thing arising or received, outside New South Wales.

 

3.   References to interests in real property: A reference in this schedule or in schedule 2 to real property in which a councillor or designated person has an interest includes a reference to any real property situated in Australia in which the councillor or designated person has an interest.

 

4.   Gifts, loans etc. from related corporations: For the purposes of this schedule and schedule 2, gifts or contributions to travel given, loans made, or goods or services supplied, to a councillor or designated person by two or more corporations that are related to each other for the purposes of section 50 of the Corporations Act 2001 of the Commonwealth are all given, made or supplied by a single corporation.

 


Part 2: Pecuniary interests to be disclosed in returns

 

Real property

5.   A person making a return under clause 4.21 of this code must disclose:

a)   the street address of each parcel of real property in which they had an interest on the return date, and

b)   the street address of each parcel of real property in which they had an interest in the period since 30 June of the previous financial year, and

c)   the nature of the interest.

 

6.   An interest in a parcel of real property need not be disclosed in a return if the person making the return had the interest only:

a)   as executor of the will, or administrator of the estate, of a deceased person and not as a beneficiary under the will or intestacy, or

b)   as a trustee, if the interest was acquired in the ordinary course of an occupation not related to their duties as the holder of a position required to make a return.

 

7.   An interest in a parcel of real property need not be disclosed in a return if the person ceased to hold the interest prior to becoming a councillor or designated person.

 

8.   For the purposes of clause 5 of this schedule, “interest” includes an option to purchase.

 

Gifts

9.   A person making a return under clause 4.21 of this code must disclose:

a)   a description of each gift received in the period since 30 June of the previous financial year, and

b)   the name and address of the donor of each of the gifts.

 

10. A gift need not be included in a return if:

a)   it did not exceed $500, unless it was among gifts totalling more than $500 made by the same person during a period of 12 months or less, or

b)   it was a political donation disclosed, or required to be disclosed, under Part 3 of the Electoral Funding Act 2018, or

c)   the donor was a relative of the donee, or

d)   subject to paragraph (a), it was received prior to the person becoming a councillor or designated person.

 

11. For the purposes of clause 10 of this schedule, the amount of a gift other than money is an amount equal to the value of the property given.

 

Contributions to travel

12. A person making a return under clause 4.21 of this code must disclose:

a)   the name and address of each person who made any financial or other contribution to the expenses of any travel undertaken by the person in the period since 30 June of the previous financial year, and

b)   the dates on which the travel was undertaken, and

c)   the names of the states and territories, and of the overseas countries, in which the travel was undertaken.

 

13. A financial or other contribution to any travel need not be disclosed under this clause if it:

a)   was made from public funds (including a contribution arising from travel on free passes issued under an Act or from travel in government or council vehicles), or

b)   was made by a relative of the traveller, or

c)   was made in the ordinary course of an occupation of the traveller that is not related to their functions as the holder of a position requiring the making of a return, or

d)   did not exceed $250, unless it was among gifts totalling more than $250 made by the same person during a 12-month period or less, or

e)   was a political donation disclosed, or required to be disclosed, under Part 3 of the Electoral Funding Act 2018, or

f)    was made by a political party of which the traveller was a member and the travel was undertaken for the purpose of political activity of the party in New South Wales, or to enable the traveller to represent the party within Australia, or

g)   subject to paragraph (d) it was received prior to the person becoming a councillor or designated person.

 

14. For the purposes of clause 13 of this schedule, the amount of a contribution (other than a financial contribution) is an amount equal to the value of the contribution.

 

Interests and positions in corporations

15. A person making a return under clause 4.21 of this code must disclose:

a)   the name and address of each corporation in which they had an interest or held a position (whether remunerated or not) on the return date, and

b)   the name and address of each corporation in which they had an interest or held a position in the period since 30 June of the previous financial year, and

c)   the nature of the interest, or the position held, in each of the corporations, and

d)   a description of the principal objects (if any) of each of the corporations, except in the case of a listed company.

 

16. An interest in, or a position held in, a corporation need not be disclosed if the corporation is:

a)   formed for the purpose of providing recreation or amusement, or for promoting commerce, industry, art, science, religion or charity, or for any other community purpose, and

b)   required to apply its profits or other income in promoting its objects, and

c)   prohibited from paying any dividend to its members.

 

17. An interest in a corporation need not be disclosed if the interest is a beneficial interest in shares in a company that does not exceed 10 per cent of the voting rights in the company.

 

18. An interest or a position in a corporation need not be disclosed if the person ceased to hold the interest or position prior to becoming a councillor or designated person.

 

Interests as a property developer or a close associate of a property developer

19. A person making a return under clause 4.21 of this code must disclose whether they were a property developer, or a close associate of a corporation that, or an individual who, is a property developer, on the return date.

 

20. For the purposes of clause 19 of this schedule:

 

close associate, in relation to a corporation or an individual, has the same meaning as it has in section 53 of the Electoral Funding Act 2018.

 

property developer has the same meaning as it has in Division 7 of Part 3 of the Electoral Funding Act 2018.

 

Positions in trade unions and professional or business associations

21. A person making a return under clause 4.21 of the code must disclose:

a)   the name of each trade union, and of each professional or business association, in which they held any position (whether remunerated or not) on the return date, and

b)   the name of each trade union, and of each professional or business association, in which they have held any position (whether remunerated or not) in the period since 30 June of the previous financial year, and

c)   a description of the position held in each of the unions and associations.

 

22. A position held in a trade union or a professional or business association need not be disclosed if the person ceased to hold the position prior to becoming a councillor or designated person.

 

Dispositions of real property

23. A person making a return under clause 4.21 of this code must disclose particulars of each disposition of real property by the person (including the street address of the affected property) in the period since 30 June of the previous financial year, under which they wholly or partly retained the use and benefit of the property or the right to re-acquire the property.

 

24. A person making a return under clause 4.21 of this code must disclose particulars of each disposition of real property to another person (including the street address of the affected property) in the period since 30 June of the previous financial year, that is made under arrangements with, but is not made by, the person making the return, being a disposition under which the person making the return obtained wholly or partly the use of the property.

 

25. A disposition of real property need not be disclosed if it was made prior to a person becoming a councillor or designated person.

 

Sources of income

26. A person making a return under clause 4.21 of this code must disclose:

a)   each source of income that the person reasonably expects to receive in the period commencing on the first day after the return date and ending on the following 30 June, and

b)   each source of income received by the person in the period since 30 June of the previous financial year.

 

27. A reference in clause 26 of this schedule to each source of income received, or reasonably expected to be received, by a person is a reference to:

a)   in relation to income from an occupation of the person:

(i)         a description of the occupation, and

(ii)        if the person is employed or the holder of an office, the name and address of their employer, or a description of the office, and

(iii)       if the person has entered into a partnership with other persons, the name (if any) under which the partnership is conducted, or

b)   in relation to income from a trust, the name and address of the settlor and the trustee, or

c)   in relation to any other income, a description sufficient to identify the person from whom, or the circumstances in which, the income was, or is reasonably expected to be, received.

 

28. The source of any income need not be disclosed by a person in a return if the amount of the income received, or reasonably expected to be received, by the person from that source did not exceed $500, or is not reasonably expected to exceed $500, as the case may be.

 

29. The source of any income received by the person that they ceased to receive prior to becoming a councillor or designated person need not be disclosed.

 

30. A fee paid to a councillor or to the mayor or deputy mayor under sections 248 or 249 of the LGA need not be disclosed.

 

Debts

31. A person making a return under clause 4.21 of this code must disclose the name and address of each person to whom the person was liable to pay any debt:

a)   on the return date, and

b)   at any time in the period since 30 June of the previous financial year.

 

32. A liability to pay a debt must be disclosed by a person in a return made under clause 4.21 whether or not the amount, or any part of the amount, to be paid was due and payable on the return date or at any time in the period since 30 June of the previous financial year, as the case may be.

 

33. A liability to pay a debt need not be disclosed by a person in a return if:

a)   the amount to be paid did not exceed $500 on the return date or in the period since 30 June of the previous financial year, as the case may be, unless:

(i)         the debt was one of two or more debts that the person was liable to pay to one person on the return date, or at any time in the period since 30 June of the previous financial year, as the case may be, and

(ii)        the amounts to be paid exceeded, in the aggregate, $500, or

b)   the person was liable to pay the debt to a relative, or

c)   in the case of a debt arising from a loan of money the person was liable to pay the debt to an authorised deposit-taking institution or other person whose ordinary business includes the lending of money, and the loan was made in the ordinary course of business of the lender, or

d)   in the case of a debt arising from the supply of goods or services:

(i)         the goods or services were supplied in the period of 12 months immediately preceding the return date, or were supplied in the period since 30 June of the previous financial year, as the case may be, or

(ii)        the goods or services were supplied in the ordinary course of any occupation of the person that is not related to their duties as the holder of a position required to make a return, or

e)   subject to paragraph (a), the debt was discharged prior to the person becoming a councillor or designated person.

 

Discretionary disclosures

34. A person may voluntarily disclose in a return any interest, benefit, advantage or liability, whether pecuniary or not, that is not required to be disclosed under another provision of this Schedule.


SCHEDULE 2: FORM OF WRITTEN RETURN OF INTERESTS SUBMITTED UNDER CLAUSE 4.21

 

‘Disclosures by councillors and designated persons’ return

1.   The pecuniary interests and other matters to be disclosed in this return are prescribed by Schedule 1 of the Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct).

 

2.   If this is the first return you have been required to lodge with the general manager after becoming a councillor or designated person, do not complete Parts C, D and I of the return. All other parts of the return should be completed with appropriate information based on your circumstances at the return date, that is, the date on which you became a councillor or designated person.

 

3.   If you have previously lodged a return with the general manager and you are completing this return for the purposes of disclosing a new interest that was not disclosed in the last return you lodged with the general manager, you must complete all parts of the return with appropriate information for the period from 30 June of the previous financial year or the date on which you became a councillor or designated person, (whichever is the later date), to the return date which is the date you became aware of the new interest to be disclosed in your updated return.

 

4.   If you have previously lodged a return with the general manager and are submitting a new return for the new financial year, you must complete all parts of the return with appropriate information for the 12-month period commencing on 30 June of the previous year to 30 June this year.

 

5.   This form must be completed using block letters or typed.

 

6.   If there is insufficient space for all the information you are required to disclose, you must attach an appendix which is to be properly identified and signed by you.

 

7.   If there are no pecuniary interests or other matters of the kind required to be disclosed under a heading in this form, the word “NIL” is to be placed in an appropriate space under that heading.

 

Important information

This information is being collected for the purpose of complying with clause 4.21 of the Model Code of Conduct.

 

You must not lodge a return that you know or ought reasonably to know is false or misleading in a material particular (see clause 4.23 of the Model Code of Conduct). Complaints about breaches of these requirements are to be referred to the Office of Local Government and may result in disciplinary action by the council, the Chief Executive of the Office of Local Government or the NSW Civil and Administrative Tribunal.

 

The information collected on this form will be kept by the general manager in a register of returns. The general manager is required to table all returns at a council meeting.

 

Information contained in returns made and lodged under clause 4.21 is to be made publicly available in accordance with the requirements of the Government Information (Public Access) Act 2009, the Government Information (Public Access) Regulation 2009 and any guidelines issued by the Information Commissioner.

 

You have an obligation to keep the information contained in this return up to date. If you become aware of a new interest that must be disclosed in this return, or an interest that you have previously failed to disclose, you must submit an updated return within three months of becoming aware of the previously undisclosed interest.

 

Disclosure of pecuniary interests and other matters by [full name of councillor or designated person]

 

as at [return date]

in respect of the period from [date] to [date]

[councillor’s or designated person’s signature]
[date]

 

A. Real Property

Street address of each parcel of real property in which I had an interest at the return date/at any time since 30 June

Nature of interest

 

 

B. Sources of income

1 Sources of income I reasonably expect to receive from an occupation in the period commencing on the first day after the return date and ending on the following 30 June

Sources of income I received from an occupation at any time since 30 June

Description of occupation

Name and address of employer or description of office held (if applicable)

Name under which partnership conducted (if applicable)

 

 

 

2 Sources of income I reasonably expect to receive from a trust in the period commencing on the first day after the return date and ending on the following 30 June

Sources of income I received from a trust since 30 June

Name and address of settlor

Name and address of trustee

 

 

3 Sources of other income I reasonably expect to receive in the period commencing on the first day after the return date and ending on the following 30 June

Sources of other income I received at any time since 30 June

[Include description sufficient to identify the person from whom, or the circumstances in which, that income was received]

 

 

C. Gifts

Description of each gift I received at any time since 30 June

Name and address of donor

 

 

D. Contributions to travel

Name and address of each person who made any financial or other contribution to any travel undertaken by me at any time since 30 June

Dates on which travel was undertaken

Name of States, Territories of the Commonwealth and overseas countries in which travel was undertaken

 

 

 

E. Interests and positions in corporations

Name and address of each corporation in which I had an interest or held a position at the return date/at any time since 30 June

Nature of interest (if any)

Description of position (if any)

Description of principal objects (if any) of corporation (except in case of listed company)

 

 

 

 

F. Were you a property developer or a close associate of a property developer on the return date? (Y/N)

 

G. Positions in trade unions and professional or business associations

Name of each trade union and each professional or business association in which I held any position (whether remunerated or not) at the return date/at any time since 30 June

Description of position

 

 

H. Debts

Name and address of each person to whom I was liable to pay any debt at the return date/at any time since 30 June

 

I. Dispositions of property

1 Particulars of each disposition of real property by me (including the street address of the affected property) at any time since 30 June as a result of which I retained, either wholly or in part, the use and benefit of the property or the right to re-acquire the property at a later time

 

2 Particulars of each disposition of property to a person by any other person under arrangements made by me (including the street address of the affected property), being dispositions made at any time since 30 June, as a result of which I obtained, either wholly or in part, the use and benefit of the property

 

J. Discretionary disclosures

 

 

 


SCHEDULE 3: FORM OF SPECIAL DISCLOSURE OF PECUNIARY INTEREST SUBMITTED UNDER CLAUSE 4.37

 

1.    This form must be completed using block letters or typed.

 

2.    If there is insufficient space for all the information you are required to disclose, you must attach an appendix which is to be properly identified and signed by you.

 

Important information

This information is being collected for the purpose of making a special disclosure of pecuniary interests under clause 4.36(c) of the Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct).

 

The special disclosure must relate only to a pecuniary interest that a councillor has in the councillor’s principal place of residence, or an interest another person (whose interests are relevant under clause 4.3 of the Model Code of Conduct) has in that person’s principal place of residence.

 

Clause 4.3 of the Model Code of Conduct states that you will have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative or because your business partner or employer has a pecuniary interest. You will also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

 

“Relative” is defined by clause 4.4 of the Model Code of Conduct as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.

 

You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints about breaches of these requirements are to be referred to the Office of Local Government and may result in disciplinary action by the Chief Executive of the Office of Local Government or the NSW Civil and Administrative Tribunal.

 

This form must be completed by you before the commencement of the council or council committee meeting at which the special disclosure is being made. The completed form must be tabled at the meeting. Everyone is entitled to inspect it. The special disclosure must be recorded in the minutes of the meeting.

 


 

Special disclosure of pecuniary interests by [full name of councillor]

 

in the matter of [insert name of environmental planning instrument]

 

which is to be considered at a meeting of the [name of council or council committee (as the case requires)]

 

to be held on the       day of            20  .

 

Pecuniary interest

Address of the affected principal place of residence of the councillor or an associated person, company or body (the identified land)

 

Relationship of identified land to the councillor
[Tick or cross one box.]

□  The councillor has an interest in the land (e.g. is the owner or has another interest arising out of a mortgage, lease, trust, option or contract, or otherwise).

□  An associated person of the councillor has an interest in the land.

□  An associated company or body of the councillor has an interest in the land.

Matter giving rise to pecuniary interest[1]

Nature of the land that is subject to a change in zone/planning control by the proposed LEP (the subject land)[2]

[Tick or cross one box]

□  The identified land.

□  Land that adjoins or is adjacent to or is in proximity to the identified land.

Current zone/planning control
[Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]

 

Proposed change of zone/planning control
[Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]

 

Effect of proposed change of zone/planning control on councillor or associated person
[Insert one of the following: “Appreciable financial gain” or “Appreciable financial loss”]

 

[If more than one pecuniary interest is to be declared, reprint the above box and fill in for each additional interest.]

 

Councillor’s signature

 

Date

 

[This form is to be retained by the council’s general manager and included in full in the minutes of the meeting]

 


Item 11 Ordinary Meeting 26 February 2019

Item 11 - Annexure 3

 

Procedures for the

Administration of the Code of Conduct

1 Document Information

Version Date
(Draft or Council Meeting date)

11 February 2019

Author

Administration Manager

Owner

(Relevant director)

Director of Finance & Corporate Services

Status

Draft

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

 

2 Summary

Council has adopted these Procedures for the administration of the Code of Conduct

3 Approvals

Title

Date Approved

Signature

Director of Finance & Corporate Services

 

 

4 History

Unless otherwise indicated, printed or downloaded versions of this document are uncontrolled.  Before using this document check it is the latest version by referring to Council’s Policy Register at www.cabonne.nsw.gov.au.

Minute No.

Summary of Changes

New Version Date

13/02/24

Based on DLG Procedures for the administration of the Code of Conduct for local councils in NSW March 2013 reverting to annual reporting at 12.1.

19 February 2013

13/09/30

Readopted as per s165(4)

17 September 2013

16/04/26

Updated for changes following from the commencement of the Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015 including addition of expanded definition of misconduct and clarification of councillors’ participation in voting during planning decisions in which a pecuniary interest is involved (Part 2).

Also updated references to Division of Local Government to Office of Local Government (OLG).

26 April 2016

18/08/10

Readopted as per s165(4)

28 August 2018

 

 

 

5 Reason

Sections 440 and 440AA of the Local Government Act 1993 require every council to adopt a code of conduct and procedures for the administration of the code of conduct that incorporate the provisions of the Model Code and Model Code Procedures respectively.

6 Scope

Applies to Cabonne Council; its staff, councillors, administrators, independent conduct reviewers, members of council committees including the conduct review committee and delegates of the council.

7 Associated Legislation

Public Interest Disclosures Act 1994, Local Government Act 1993, and the Local Government (General) Regulation 2005

8 Definitions

Refer to Part 2 definitions below

9 Responsibilities

9.1 Mayor

The Mayor is responsible for the role and functions assigned to the Mayor by the procedures.

9.2 General Manager

The General Manager is responsible for the overall control and implementation of the procedures as well as for the role and functions assigned to the general manager by the procedures.

9.3 Directors and Managers

Directors and managers are responsible for the control of the code and procedures within their area of responsibility.

9.4 Director of Finance & Corporate Services

The Director of Finance & Corporate Services appointed by the general manager under these procedures as a complaints coordinator is responsible for that role and the functions assigned to the complaints coordinator.

9.5 Supervisors

Are required to ensure compliance with the code of conduct and ensure compliance by subordinate staff.

9.6 Employees

Are required to ensure compliance with the code of conduct.

9.7 Councillors

Are required to ensure compliance with the code of conduct.

9.8 Others

Administrators, independent conduct reviewers, members of council committees including the conduct review committee and delegates of the council are required to ensure compliance with the code of conduct and the procedures.

10 Related Documents

Document Name

Document Location

Code of Conduct

Council’s Policy Register

Public Interest Disclosures (Internal Reporting) Policy

Council’s Policy Register

11 Policy Statement

Council has adopted the Procedures for the Administration of the Code of Conduct which follows.

TABLE OF CONTENTS

 

 

PART 1               INTRODUCTION.. 4

PART 2               DEFINITIONS. 4

PART 3               ADMINISTRATIVE FRAMEWORK. 6

PART 4               HOW MAY CODE OF CONDUCT COMPLAINTS BE MADE?. 8

PART 5               HOW ARE CODE OF CONDUCT COMPLAINTS TO BE MANAGED?. 10

PART 6               PRELIMINARY ASSESSMENT OF CODE OF CONDUCT COMPLAINTS ABOUT COUNCILLORS OR THE GENERAL MANAGER BY CONDUCT REVIEWERS. 17

PART 7               INVESTIGATIONS OF CODE OF CONDUCT COMPLAINTS ABOUT COUNCILLORS OR THE GENERAL MANAGER   22

PART 8               OVERSIGHT AND RIGHTS OF REVIEW... 30

PART 9               PROCEDURAL IRREGULARITIES. 32

PART 10            PRACTICE DIRECTIONS. 33

PART 11            REPORTING STATISTICS ON CODE OF CONDUCT COMPLAINTS ABOUT COUNCILLORS AND THE GENERAL MANAGER   33

PART 12            CONFIDENTIALITY. 33

 


 

PART 1     INTRODUCTION

 

These procedures (“the Model Code Procedures”) are prescribed for the administration of the Model Code of Conduct for Local Councils in NSW (“the Model Code of Conduct”).

 

The Model Code of Conduct is made under section 440 of the Local Government Act 1993 (“the LGA”) and the Local Government (General) Regulation 2005 (“the Regulation”). Section 440 of the LGA requires every council (including county councils) and joint organisation to adopt a code of conduct that incorporates the provisions of the Model Code of Conduct.

 

The Model Code Procedures are made under section 440AA of the LGA and the Regulation. Section 440AA of the LGA requires every council (including county councils) and joint organisation to adopt procedures for the administration of their code of conduct that incorporate the provisions of the Model Code Procedures.

 

In adopting procedures for the administration of their adopted codes of conduct, councils and joint organisations may supplement the Model Code Procedures. However, provisions that are not consistent with those prescribed under the Model Code Procedures will have no effect.

 

Note: Parts 6, 7, 8 and 11 of these procedures apply only to the management of code of conduct complaints about councillors (including the mayor) or the general manager.

 

PART 2     DEFINITIONS

 

In these procedures the following terms have the following meanings:

 

LGA                                       the Local Government Act 1993

 

administrator                                     an administrator of a council appointed under the LGA other than an administrator appointed under section 66

 

code of conduct                               a code of conduct adopted under section 440 of the LGA

 

code of conduct complaint             a complaint that is a code of conduct complaint for the purposes of clauses 4.1 and 4.2 of these procedures

 

complainant                                      a person who makes a code of conduct complaint

 

complainant councillor                    a councillor who makes a code of conduct complaint

 

complaints coordinator                    a person appointed by the general manager under these procedures as a complaints coordinator

 

conduct reviewer                              a person appointed under these procedures to review allegations of breaches of the code of conduct by councillors or the general manager

 

council                                               includes county councils and joint organisations

 

council committee                            a committee established by a council comprising of councillors, staff or other persons that the council has delegated functions to

 

council committee member            a person other than a councillor or member of staff of a council who is a member of a council committee other than a wholly advisory committee

 

councillor                                           any person elected or appointed to civic office, including the mayor, and includes members and chairpersons of county councils and voting representatives of the boards of joint organisations and chairpersons of joint organisations

 

council official                                   any councillor, member of staff of council, administrator, council committee member, delegate of council and, for the purposes of clause 4.16 of the Model Code of Conduct, council adviser

 

delegate of council                          a person (other than a councillor or member of staff of a council) or body, and the individual members of that body, to whom a function of the council is delegated

 

external agency                               a state government agency such as, but not limited to, the Office, the ICAC, the NSW Ombudsman or the police

 

general manager                              includes the executive officer of a joint organisation

 

ICAC                                                  the Independent Commission Against Corruption

 

joint organisation                             a joint organisation established under section 400O of the LGA

 

mayor                                                 includes the chairperson of a county council or a joint organisation

 

members of staff

of a council                                       includes members of staff of county councils and joint organisations

 

the Office                                           the Office of Local Government

 

investigator                                       a conduct reviewer

 

the Regulation                                  the Local Government (General) Regulation 2005

 

respondent                                        a person whose conduct is the subject of investigation by a conduct reviewer under these procedures

 

wholly advisory

committee                                          a council committee that the council has not delegated any functions to

PART 3     ADMINISTRATIVE FRAMEWORK

 

The establishment of a panel of conduct reviewers

 

3.1    The council must by resolution establish a panel of conduct reviewers.

 

3.2    The council may by resolution enter into an arrangement with one or more other councils to share a panel of conduct reviewers including through a joint organisation or another regional body associated with the councils.

 

3.3    The panel of conduct reviewers is to be established following a public expression of interest process.

 

3.4    An expression of interest for members of the council’s panel of conduct reviewers must, at a minimum, be advertised locally and in the Sydney metropolitan area.

 

3.5    To be eligible to be a conduct reviewer, a person must, at a minimum, meet the following requirements:

a)   an understanding of local government, and

b)   knowledge of investigative processes including but not limited to procedural fairness requirements and the requirements of the Public Interest Disclosures Act 1994, and

c)   knowledge and experience of one or more of the following:

i)    investigations

ii)   law

iii)  public administration

iv)  public sector ethics

v)   alternative dispute resolution, and

d)   meet the eligibility requirements for membership of a panel of conduct reviewers under clause 3.6.

 

3.6    A person is not eligible to be a conduct reviewer if they are:

a)   a councillor, or

b)   a nominee for election as a councillor, or

c)   an administrator, or

d)   an employee of a council, or

e)   a member of the Commonwealth Parliament or any State Parliament or Territory Assembly, or

f)    a nominee for election as a member of the Commonwealth Parliament or any State Parliament or Territory Assembly, or

g)   a person who has a conviction for an indictable offence that is not an expired conviction.

 

3.7    A person is not precluded from being a member of the council’s panel of conduct reviewers if they are a member of another council’s panel of conduct reviewers.

 

3.8    An incorporated or other entity may be appointed to a council’s panel of conduct reviewers where the council is satisfied that all the persons who will be undertaking the functions of a conduct reviewer on behalf of the entity meet the selection and eligibility criteria prescribed under this Part.

 

3.9    A panel of conduct reviewers established under this Part is to have a term of up to four years.

 

3.10  The council may terminate the panel of conduct reviewers at any time by resolution. Where a panel of conduct reviewers has been terminated, conduct reviewers who were members of the panel may continue to deal with any matter referred to them under these procedures prior to the termination of the panel until they have finalised their consideration of the matter.

 

3.11  When the term of the panel of conduct reviewers concludes or is terminated, the council must establish a new panel of conduct reviewers in accordance with the requirements of this Part.

 

3.12  A person who was a member of a previous panel of conduct reviewers established by the council may be a member of subsequent panels of conduct reviewers established by the council if they continue to meet the selection and eligibility criteria for membership of the panel.

 

The appointment of an internal ombudsman to a panel of conduct reviewers

 

3.13  Despite clause 3.6(d), an employee of a council who is the nominated internal ombudsman of one or more councils may be appointed to a council’s panel of conduct reviewers with the Office’s consent.

 

3.14  To be appointed to a council’s panel of conduct reviewers, an internal ombudsman must meet the qualification requirements for conduct reviewers prescribed under clause 3.5 as modified by the operation of clause 3.13.

 

3.15  An internal ombudsman appointed to a council’s panel of conduct reviewers may also exercise the functions of the council’s complaints coordinator. For the purposes of clause 6.1, an internal ombudsman who is a council’s complaints coordinator and has been appointed to the council’s panel of conduct reviewers, may either undertake a preliminary assessment and investigation of a matter referred to them under clauses 5.26 or 5.33 or refer the matter to another conduct reviewer in accordance with clause 6.2.

 

3.16  Clause 6.4(c) does not apply to an internal ombudsman appointed to a council’s panel of conduct reviewers.

 

The appointment of complaints coordinators

 

3.17  The general manager must appoint a member of staff of the council or another person (such as, but not limited to, a member of staff of another council or a member of staff of a joint organisation or other regional body associated with the council), to act as a complaints coordinator. Where the complaints coordinator is a member of staff of the council, the complaints coordinator should be a senior and suitably qualified member of staff.

 

3.18  The general manager may appoint other members of staff of the council or other persons (such as, but not limited to, members of staff of another council or members of staff of a joint organisation or other regional body associated with the council), to act as alternates to the complaints coordinator.

 

3.19  The general manager must not undertake the role of complaints coordinator.

 

3.20  The person appointed as complaints coordinator or alternate complaints coordinator must also be a nominated disclosures coordinator appointed for the purpose of receiving and managing reports of wrongdoing under the Public Interest Disclosures Act 1994.

 

3.21  The role of the complaints coordinator is to:

a)   coordinate the management of complaints made under the council’s code of conduct

b)   liaise with and provide administrative support to a conduct reviewer

c)   liaise with the Office and

d)   arrange the annual reporting of code of conduct complaints statistics.

PART 4     HOW MAY CODE OF CONDUCT COMPLAINTS BE MADE?

 

What is a code of conduct complaint?

 

4.1    For the purpose of these procedures, a code of conduct complaint is a complaint that shows or tends to show conduct on the part of a council official in connection with their role as a council official or the exercise of their functions as a council official that would constitute a breach of the standards of conduct prescribed under the council’s code of conduct if proven.

 

4.2    The following are not “code of conduct complaints” for the purposes of these procedures:

a)   complaints about the standard or level of service provided by the council or a council official

b)   complaints that relate solely to the merits of a decision made by the council or a council official or the exercise of a discretion by the council or a council official

c)   complaints about the policies or procedures of the council

d)   complaints about the conduct of a council official arising from the exercise of their functions in good faith, whether or not involving error, that would not otherwise constitute a breach of the standards of conduct prescribed under the council’s code of conduct.

 

4.3    Only code of conduct complaints are to be dealt with under these procedures. Complaints that do not satisfy the definition of a code of conduct complaint are to be dealt with under the council’s routine complaints management processes.

 

When must a code of conduct complaint be made?

 

4.4    A code of conduct complaint must be made within three months of the alleged conduct occurring or within three months of the complainant becoming aware of the alleged conduct.

 

4.5    A complaint made after 3 months may only be accepted if the general manager or their delegate, or, in the case of a complaint about the general manager, the mayor or their delegate, is satisfied that the allegations are serious and compelling grounds exist for the matter to be dealt with under the code of conduct.

 

How may a code of conduct complaint about a council official other than the general manager be made?

 

4.6    All code of conduct complaints other than those relating to the general manager are to be made to the general manager in writing. This clause does not operate to prevent a person from making a complaint to an external agency.

 

4.7    Where a code of conduct complaint about a council official other than the general manager cannot be made in writing, the complaint must be confirmed with the complainant in writing as soon as possible after the receipt of the complaint.

 

4.8    In making a code of conduct complaint about a council official other than the general manager, the complainant may nominate whether they want the complaint to be resolved by mediation or by other alternative means.

 

4.9    The general manager or their delegate, or, where the complaint is referred to a conduct reviewer, the conduct reviewer, must consider the complainant’s preferences in deciding how to deal with the complaint.

 

4.10  Notwithstanding clauses 4.6 and 4.7, where the general manager becomes aware of a possible breach of the council’s code of conduct, they may initiate the process for the consideration of the matter under these procedures without a written complaint.

 

How may a code of conduct complaint about the general manager be made?

 

4.11  Code of conduct complaints about the general manager are to be made to the mayor in writing. This clause does not operate to prevent a person from making a complaint about the general manager to an external agency.

 

4.12  Where a code of conduct complaint about the general manager cannot be made in writing, the complaint must be confirmed with the complainant in writing as soon as possible after the receipt of the complaint.

 

4.13  In making a code of conduct complaint about the general manager, the complainant may nominate whether they want the complaint to be resolved by mediation or by other alternative means.

 

4.14  The mayor or their delegate, or, where the complaint is referred to a conduct reviewer, the conduct reviewer, must consider the complainant’s preferences in deciding how to deal with the complaint.

 

4.15  Notwithstanding clauses 4.11 and 4.12, where the mayor becomes aware of a possible breach of the council’s code of conduct by the general manager, they may initiate the process for the consideration of the matter under these procedures without a written complaint.

PART 5     HOW ARE CODE OF CONDUCT COMPLAINTS TO BE MANAGED?

 

Delegation by general managers and mayors of their functions under this Part

 

5.1    A general manager or mayor may delegate their functions under this Part to a member of staff of the council or to a person or persons external to the council other than an external agency. References in this Part to the general manager or mayor are also to be taken to be references to their delegates.

 

Consideration of complaints by general managers and mayors

 

5.2    In exercising their functions under this Part, general managers and mayors may consider the complaint assessment criteria prescribed under clause 6.31.

 

What complaints may be declined at the outset?

 

5.3    Without limiting any other provision in these procedures, the general manager or, in the case of a complaint about the general manager, the mayor, may decline to deal with a complaint under these procedures where they are satisfied that the complaint:

a)   is not a code of conduct complaint, or

b)   subject to clause 4.5, is not made within 3 months of the alleged conduct occurring or the complainant becoming aware of the alleged conduct, or

c)   is trivial, frivolous, vexatious or not made in good faith, or

d)   relates to a matter the substance of which has previously been considered and addressed by the council and does not warrant further action, or

e)   is not made in a way that would allow the alleged conduct and any alleged breaches of the council’s code of conduct to be readily identified.

 

How are code of conduct complaints about staff (other than the general manager) to be dealt with?

 

5.4    The general manager is responsible for the management of code of conduct complaints about members of staff of council (other than complaints alleging a breach of the pecuniary interest provisions contained in Part 4 of the code of conduct) and for determining the outcome of such complaints.

 

5.5    The general manager must refer code of conduct complaints about members of staff of council alleging a breach of the pecuniary interest provisions contained in Part 4 of the code of conduct to the Office.

 

5.6    The general manager may decide to take no action in relation to a code of conduct complaint about a member of staff of council other than one requiring referral to the Office under clause 5.5 where they consider that no action is warranted in relation to the complaint.

 

5.7    Where the general manager decides to take no action in relation to a code of conduct complaint about a member of staff of council, the general manager must give the complainant reasons in writing for their decision and this shall finalise the consideration of the matter under these procedures.

 

5.8    Code of conduct complaints about members of staff of council must be managed in accordance with the relevant industrial instrument or employment contract and make provision for procedural fairness including the right of an employee to be represented by their union.

 

5.9    Sanctions for breaches of the code of conduct by staff depend on the severity, scale and importance of the breach and must be determined in accordance with any relevant industrial instruments or contracts.

 

How are code of conduct complaints about delegates of council, council advisers and council committee members to be dealt with?

 

5.10  The general manager is responsible for the management of code of conduct complaints about delegates of council and council committee members (other than complaints alleging a breach of the pecuniary interest provisions contained in Part 4 of the code of conduct) and for determining the outcome of such complaints.

 

5.11  The general manager must refer code of conduct complaints about council advisers, delegates of council and council committee members alleging a breach of the pecuniary interest provisions contained in Part 4 of the code of conduct to the Office.

 

5.12  The general manager may decide to take no action in relation to a code of conduct complaint about a delegate of council or a council committee member other than one requiring referral to the Office under clause 5.11 where they consider that no action is warranted in relation to the complaint.

 

5.13  Where the general manager decides to take no action in relation to a code of conduct complaint about a delegate of council or a council committee member, the general manager must give the complainant reasons in writing for their decision and this shall finalise the consideration of the matter under these procedures.

 

5.14  Where the general manager considers it to be practicable and appropriate to do so, the general manager may seek to resolve code of conduct complaints about delegates of council or council committee members, by alternative means such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation, a voluntary apology or an undertaking not to repeat the offending behaviour. The resolution of a code of conduct complaint under this clause is not to be taken as a determination that there has been a breach of the council’s code of conduct.

 

5.15  Where the general manager resolves a code of conduct complaint under clause 5.14 to the general manager’s satisfaction, the general manager must notify the complainant in writing of the steps taken to resolve the complaint and this shall finalise the consideration of the matter under these procedures.

 

5.16  Sanctions for breaches of the code of conduct by delegates of council and/or council committee members depend on the severity, scale and importance of the breach and may include one or more of the following:

a)   censure

b)   requiring the person to apologise to any person or organisation adversely affected by the breach in such a time and form specified by the general manager

c)   prosecution for any breach of the law

d)   removing or restricting the person’s delegation

e)   removing the person from membership of the relevant council committee.

 

5.17  Prior to imposing a sanction against a delegate of council or a council committee member under clause 5.16, the general manager or any person making enquiries on behalf of the general manager must comply with the requirements of procedural fairness. In particular:

a)   the substance of the allegation (including the relevant provision/s of the council’s code of conduct that the alleged conduct is in breach of) must be put to the person who is the subject of the allegation, and

b)   the person must be given an opportunity to respond to the allegation, and

c)   the general manager must consider the person’s response in deciding whether to impose a sanction under clause 5.16.

 

How are code of conduct complaints about administrators to be dealt with?

 

5.18  The general manager must refer all code of conduct complaints about administrators to the Office for its consideration.

 

5.19  The general manager must notify the complainant of the referral of their complaint in writing.

 

How are code of conduct complaints about councillors to be dealt with?

 

5.20  The general manager must refer the following code of conduct complaints about councillors to the Office:

a)   complaints alleging a breach of the pecuniary interest provisions contained in Part 4 of the code of conduct

b)   complaints alleging a failure to comply with a requirement under the code of conduct to disclose and appropriately manage conflicts of interest arising from political donations (see section 328B of the LGA)

c)   complaints alleging a breach of the provisions relating to the maintenance of the integrity of the code of conduct contained in Part 9 of the code of conduct

d)   complaints that are the subject of a special complaints management arrangement with the Office under clause 5.49.

 

5.21  Where the general manager refers a complaint to the Office under clause 5.20, the general manager must notify the complainant of the referral in writing.

 

5.22  The general manager may decide to take no action in relation to a code of conduct complaint about a councillor, other than one requiring referral to the Office under clause 5.20, where they consider that no action is warranted in relation to the complaint.

 

5.23  Where the general manager decides to take no action in relation to a code of conduct complaint about a councillor, the general manager must give the complainant reasons in writing for their decision within 21 days of receipt of the complaint and this shall finalise the consideration of the matter under these procedures.

 

5.24  Where the general manager considers it to be practicable and appropriate to do so, the general manager may seek to resolve code of conduct complaints about councillors, other than those requiring referral to the Office under clause 5.20, by alternative means such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation, a voluntary apology or an undertaking not to repeat the offending behaviour. The resolution of a code of conduct complaint under this clause is not to be taken as a determination that there has been a breach of the council’s code of conduct.

 

5.25  Where the general manager resolves a code of conduct complaint under clause 5.24 to the general manager’s satisfaction, the general manager must notify the complainant in writing of the steps taken to resolve the complaint within 21 days of receipt of the complaint and this shall finalise the consideration of the matter under these procedures.

 

5.26  The general manager must refer all code of conduct complaints about councillors, other than those referred to the Office under clause 5.20 or finalised under clause 5.23 or resolved under clause 5.24, to the complaints coordinator.

 

How are code of conduct complaints about the general manager to be dealt with?

 

5.27  The mayor must refer the following code of conduct complaints about the general manager to the Office:

a)   complaints alleging a breach of the pecuniary interest provisions contained in Part 4 of the code of conduct

b)   complaints alleging a breach of the provisions relating to the maintenance of the integrity of the code of conduct contained in Part 9 of the code of conduct

c)   complaints that are the subject of a special complaints management arrangement with the Office under clause 5.49.

 

5.28  Where the mayor refers a complaint to the Office under clause 5.27, the mayor must notify the complainant of the referral in writing.

 

5.29  The mayor may decide to take no action in relation to a code of conduct complaint about the general manager, other than one requiring referral to the Office under clause 5.27, where they consider that no action is warranted in relation to the complaint.

 

5.30  Where the mayor decides to take no action in relation to a code of conduct complaint about the general manager, the mayor must give the complainant reasons in writing for their decision within 21 days of receipt of the complaint and this shall finalise the consideration of the matter under these procedures.

 

5.31  Where the mayor considers it to be practicable and appropriate to do so, the mayor may seek to resolve code of conduct complaints about the general manager, other than those requiring referral to the Office under clause 5.27, by alternative means such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation, a voluntary apology or an undertaking not to repeat the offending behaviour. The resolution of a code of conduct complaint under this clause is not to be taken as a determination that there has been a breach of the council’s code of conduct.

 

5.32  Where the mayor resolves a code of conduct complaint under clause 5.31 to the mayor’s satisfaction, the mayor must notify the complainant in writing of the steps taken to resolve the complaint within 21 days of receipt of the complaint and this shall finalise the consideration of the matter under these procedures.

 

5.33  The mayor must refer all code of conduct complaints about the general manager, other than those referred to the Office under clause 5.27 or finalised under clause 5.30 or resolved under clause 5.31, to the complaints coordinator.

 

How are complaints about both the general manager and the mayor to be dealt with?

 

5.34  Where the general manager or mayor receives a code of conduct complaint that alleges a breach of the code of conduct by both the general manager and the mayor, the general manager or mayor must either:

a)   delegate their functions under this part with respect to the complaint to a member of staff of the council other than the general manager where the allegation is not serious, or to a person external to the council, or

b)   refer the matter to the complaints coordinator under clause 5.26 and clause 5.33.

 

Referral of code of conduct complaints to external agencies

 

5.35  The general manager, mayor or a conduct reviewer may, at any time, refer a code of conduct complaint to an external agency for its consideration, where they consider such a referral is warranted.

 

5.36  The general manager, mayor or a conduct reviewer must report to the ICAC any matter that they suspect on reasonable grounds concerns or may concern corrupt conduct.

 

5.37  Where the general manager, mayor or conduct reviewer refers a complaint to an external agency under clause 5.35, they must notify the complainant of the referral in writing unless they form the view, on the advice of the relevant agency, that it would not be appropriate for them to do so.

 

5.38  Referral of a matter to an external agency shall finalise consideration of the matter under these procedures unless the council is subsequently advised otherwise by the referral agency.

 

Disclosure of the identity of complainants

 

5.39  In dealing with matters under these procedures, information that identifies or tends to identify complainants is not to be disclosed unless:

a)   the complainant consents in writing to the disclosure, or

b)   it is generally known that the complainant has made the complaint as a result of the complainant having voluntarily identified themselves as the person who made the complaint, or

c)   it is essential, having regard to procedural fairness requirements, that the identifying information be disclosed, or

d)   a conduct reviewer is of the opinion that disclosure of the information is necessary to investigate the matter effectively, or

e)   it is otherwise in the public interest to do so.

 

5.40  Clause 5.39 does not apply to code of conduct complaints made by councillors about other councillors or the general manager.

 

5.41  Where a councillor makes a code of conduct complaint about another councillor or the general manager, and the complainant councillor considers that compelling grounds exist that would warrant information that identifies or tends to identify them as the complainant not to be disclosed, they may request in writing that such information not be disclosed.

 

5.42  A request made by a complainant councillor under clause 5.41 must be made at the time they make a code of conduct complaint and must state the grounds upon which the request is made.

 

5.43  The general manager or mayor, and where the matter is referred to a conduct reviewer, the conduct reviewer, must consider a request made under clause 5.41 before disclosing information that identifies or tends to identify the complainant councillor, but they are not obliged to comply with the request.

 

5.44  Where a complainant councillor makes a request under clause 5.41, the general manager or mayor or, where the matter is referred to a conduct reviewer, the conduct reviewer, shall notify the councillor in writing of their intention to disclose information that identifies or tends to identify them prior to disclosing the information.

 

Code of conduct complaints made as public interest disclosures

 

5.45  These procedures do not override the provisions of the Public Interest Disclosures Act 1994. Code of conduct complaints that are made as public interest disclosures under that Act are to be managed in accordance with the requirements of that Act, the council’s internal reporting policy, and any guidelines issued by the NSW Ombudsman that relate to the management of public interest disclosures.

 

5.46  Where a councillor makes a code of conduct complaint about another councillor or the general manager as a public interest disclosure, before the matter may be dealt with under these procedures, the complainant councillor must consent in writing to the disclosure of their identity as the complainant.

 

5.47  Where a complainant councillor declines to consent to the disclosure of their identity as the complainant under clause 5.46, the general manager or the mayor must refer the complaint to the Office for consideration. Such a referral must be made under section 26 of the Public Interest Disclosures Act 1994.

 

Special complaints management arrangements

 

5.48  The general manager may request in writing that the Office enter into a special complaints management arrangement with the council in relation to code of conduct complaints made by or about a person or persons.

 

5.49  Where the Office receives a request under clause 5.48, it may agree to enter into a special complaints management arrangement if it is satisfied that the number or nature of code of conduct complaints made by or about a person or persons has:

a)   imposed an undue and disproportionate cost burden on the council’s administration of its code of conduct, or

b)   impeded or disrupted the effective administration by the council of its code of conduct, or

c)   impeded or disrupted the effective functioning of the council.

 

5.50  A special complaints management arrangement must be in writing and must specify the following:

a)   the code of conduct complaints the arrangement relates to, and

b)   the period that the arrangement will be in force.

 

5.51  The Office may, by notice in writing, amend or terminate a special complaints management arrangement at any time.

 

5.52  While a special complaints management arrangement is in force, an officer of the Office (the assessing OLG officer) must undertake the preliminary assessment of the code of conduct complaints specified in the arrangement in accordance with the requirements of Part 6 of these procedures.

 

5.53  Where, following a preliminary assessment, the assessing OLG officer determines that a code of conduct complaint warrants investigation by a conduct reviewer, the assessing OLG officer shall notify the complaints coordinator in writing of their determination and the reasons for their determination. The complaints coordinator must comply with the recommendation of the assessing OLG officer.

 

5.54  Prior to the expiry of a special complaints management arrangement, the Office may, at the request of the general manager, review the arrangement to determine whether it should be renewed or amended.

 

5.55  A special complaints management arrangement shall expire on the date specified in the arrangement unless renewed under clause 5.54.

 

PART 6          PRELIMINARY ASSESSMENT OF CODE OF CONDUCT COMPLAINTS ABOUT COUNCILLORS OR THE GENERAL MANAGER BY CONDUCT REVIEWERS

 

Referral of code of conduct complaints about councillors or the general manager to conduct reviewers

 

6.1    The complaints coordinator must refer all code of conduct complaints about councillors or the general manager that have not been referred to an external agency or declined or resolved by the general manager, mayor or their delegate and that have been referred to them under clauses 5.26 or 5.33, to a conduct reviewer within 21 days of receipt of the complaint by the general manager or the mayor.

 

6.2    For the purposes of clause 6.1, the complaints coordinator will refer a complaint to a conduct reviewer selected from:

a)   a panel of conduct reviewers established by the council, or

b)   a panel of conduct reviewers established by an organisation approved by the Chief Executive of the Office.

 

6.3    In selecting a suitable conduct reviewer, the complaints coordinator may have regard to the qualifications and experience of members of the panel of conduct reviewers. Where the conduct reviewer is an incorporated or other entity, the complaints coordinator must also ensure that the person assigned to receive the referral on behalf of the entity meets the selection and eligibility criteria for conduct reviewers prescribed under Part 3 of these procedures.

 

6.4    A conduct reviewer must not accept the referral of a code of conduct complaint where:

a)   they have a conflict of interest in relation to the matter referred to them, or

b)   a reasonable apprehension of bias arises in relation to their consideration of the matter, or

c)   they or their employer has entered into one or more contracts with the council (other than contracts relating to the exercise of their functions as a conduct reviewer) in the 2 years preceding the referral, and they or their employer have received or expect to receive payments under the contract or contracts of a value that, when aggregated, exceeds $100,000, or

d)   at the time of the referral, they or their employer are the council’s legal service provider or are a member of a panel of legal service providers appointed by the council.

 

6.5    For the purposes of clause 6.4(a), a conduct reviewer will have a conflict of interest in a matter where a reasonable and informed person would perceive that they could be influenced by a private interest when carrying out their public duty (see clause 5.2 of the Model Code of Conduct).

 

6.6    For the purposes of clause 6.4(b), a reasonable apprehension of bias arises where a fair-minded observer might reasonably apprehend that the conduct reviewer might not bring an impartial and unprejudiced mind to the matter referred to the conduct reviewer.

 

6.7    Where the complaints coordinator refers a matter to a conduct reviewer, they will provide the conduct reviewer with a copy of the code of conduct complaint and any other information relevant to the matter held by the council, including any information about previous proven breaches and any information that would indicate that the alleged conduct forms part of an ongoing pattern of behaviour.

 

6.8    The complaints coordinator must notify the complainant in writing that the matter has been referred to a conduct reviewer, and advise which conduct reviewer the matter has been referred to.

 

6.9    Conduct reviewers must comply with these procedures in their consideration of matters that have been referred to them and exercise their functions in a diligent and timely manner.

 

6.10  The complaints coordinator may at any time terminate the referral of a matter to a conduct reviewer and refer the matter to another conduct reviewer where the complaints coordinator is satisfied that the conduct reviewer has failed to:

a)   comply with these procedures in their consideration of the matter, or

b)   comply with a lawful and reasonable request by the complaints coordinator, or

c)   exercise their functions in a timely or satisfactory manner.

 

6.11  Where the complaints coordinator terminates a referral to a conduct reviewer under clause 6.10, they must notify the complainant and any other affected person in writing of their decision and the reasons for it and advise them which conduct reviewer the matter has been referred to instead.

 

Preliminary assessment of code of conduct complaints about councillors or the general manager by a conduct reviewer

 

6.12  The conduct reviewer is to undertake a preliminary assessment of a complaint referred to them by the complaints coordinator for the purposes of determining how the complaint is to be managed.

 

6.13  The conduct reviewer may determine to do one or more of the following in relation to a complaint referred to them by the complaints coordinator:

a)   to take no action

b)   to resolve the complaint by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation, a voluntary apology or an undertaking not to repeat the offending behaviour

c)   to refer the matter back to the general manager or, in the case of a complaint about the general manager, the mayor, for resolution by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation, a voluntary apology or an undertaking not to repeat the offending behaviour

d)   to refer the matter to an external agency

e)   to investigate the matter.

 

6.14  In determining how to deal with a matter under clause 6.13, the conduct reviewer must have regard to the complaint assessment criteria prescribed under clause 6.31.

 

6.15  The conduct reviewer may make such enquiries the conduct reviewer considers to be reasonably necessary to determine what options to exercise under clause 6.13.

 

6.16  The conduct reviewer may request the complaints coordinator to provide such additional information the conduct reviewer considers to be reasonably necessary to determine what options to exercise in relation to the matter under clause 6.13. The complaints coordinator will, as far as is reasonably practicable, supply any information requested by the conduct reviewer.

 

6.17  The conduct reviewer must refer to the Office any complaints referred to them that should have been referred to the Office under clauses 5.20 and 5.27.

 

6.18  The conduct reviewer must determine to take no action on a complaint that is not a code of conduct complaint for the purposes of these procedures.

 

6.19  The resolution of a code of conduct complaint under clause 6.13, paragraphs (b) or (c) is not to be taken as a determination that there has been a breach of the council’s code of conduct.

 

6.20  Where the conduct reviewer completes their preliminary assessment of a complaint by determining to exercise an option under clause 6.13, paragraphs (a), (b) or (c), they must provide the complainant with written notice of their determination and provide reasons for it, and this will finalise consideration of the matter under these procedures.

 

6.21  Where the conduct reviewer refers a complaint to an external agency, they must notify the complainant of the referral in writing unless they form the view, on the advice of the relevant agency, that it would not be appropriate for them to do so.

 

6.22  The conduct reviewer may only determine to investigate a matter where they are satisfied as to the following:

a)   that the complaint is a code of conduct complaint for the purposes of these procedures, and

b)   that the alleged conduct is sufficiently serious to warrant investigation, and

c)   that the matter is one that could not or should not be resolved by alternative means.

 

6.23  In determining whether a matter is sufficiently serious to warrant investigation, the conduct reviewer is to consider the following:

a)   the harm or cost that the alleged conduct has caused to any affected individuals and/or the council

b)   the likely impact of the alleged conduct on the reputation of the council and public confidence in it

c)   whether the alleged conduct was deliberate or undertaken with reckless intent or negligence

d)   any previous proven breaches by the person whose alleged conduct is the subject of the complaint and/or whether the alleged conduct forms part of an ongoing pattern of behaviour.

 

6.24  The conduct reviewer must complete their preliminary assessment of the complaint within 28 days of referral of the matter to them by the complaints coordinator and notify the complaints coordinator in writing of the outcome of their assessment.

 

6.25  The conduct reviewer is not obliged to give prior notice to or to consult with any person before making a determination in relation to their preliminary assessment of a complaint, except as may be specifically required under these procedures.

 

Referral back to the general manager or mayor for resolution

 

6.26  Where the conduct reviewer determines to refer a matter back to the general manager or to the mayor to be resolved by alternative and appropriate means, they must write to the general manager or, in the case of a complaint about the general manager, to the mayor, recommending the means by which the complaint may be resolved.

 

6.27  The conduct reviewer must consult with the general manager or mayor prior to referring a matter back to them under clause 6.13(c).

 

6.28  The general manager or mayor may decline to accept the conduct reviewer’s recommendation. In such cases, the conduct reviewer may determine to deal with the complaint by other means under clause 6.13.

 

6.29  Where the conduct reviewer refers a matter back to the general manager or mayor under clause 6.13(c), the general manager or, in the case of a complaint about the general manager, the mayor, is responsible for implementing or overseeing the implementation of the conduct reviewer’s recommendation.

 

6.30  Where the conduct reviewer refers a matter back to the general manager or mayor under clause 6.13(c), the general manager, or, in the case of a complaint about the general manager, the mayor, must advise the complainant in writing of the steps taken to implement the conduct reviewer’s recommendation once these steps have been completed.

 

Complaints assessment criteria

 

6.31  In undertaking the preliminary assessment of a complaint, the conduct reviewer must have regard to the following considerations:

a)   whether the complaint is a code of conduct complaint for the purpose of these procedures

b)   whether the complaint has been made in a timely manner in accordance with clause 4.4, and if not, whether the allegations are sufficiently serious for compelling grounds to exist for the matter to be dealt with under the council’s code of conduct

c)   whether the complaint is trivial, frivolous, vexatious or not made in good faith

d)   whether the complaint discloses prima facie evidence of conduct that, if proven, would constitute a breach of the code of conduct

e)   whether the complaint raises issues that would be more appropriately dealt with by an external agency

f)    whether there is or was an alternative and satisfactory means of redress available in relation to the conduct complained of

g)   whether the complaint is one that can be resolved by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, informal discussion, negotiation, a voluntary apology or an undertaking not to repeat the offending behaviour

h)  whether the issue/s giving rise to the complaint have previously been addressed or resolved

i)    any previous proven breaches of the council’s code of conduct

j)    whether the conduct complained of forms part of an ongoing pattern of behaviour

k)   whether there were mitigating circumstances giving rise to the conduct complained of

l)    the seriousness of the alleged conduct (having regard to the criteria specified in clause 6.23)

m)  the significance of the conduct or the impact of the conduct for the council

n)  how much time has passed since the alleged conduct occurred

o)   such other considerations that the conduct reviewer considers may be relevant to the assessment of the complaint.

 

PART 7          INVESTIGATIONS OF CODE OF CONDUCT COMPLAINTS ABOUT COUNCILLORS OR THE GENERAL MANAGER

 

What matters may a conduct reviewer investigate?

 

7.1    A conduct reviewer (hereafter referred to as an “investigator”) may investigate a code of conduct complaint that has been referred to them by the complaints coordinator and any matters related to or arising from that complaint.

 

7.2    Where an investigator identifies further separate possible breaches of the code of conduct that are not related to or arise from the code of conduct complaint that has been referred to them, they are to report the matters separately in writing to the general manager, or, in the case of alleged conduct on the part of the general manager, to the mayor.

 

7.3    The general manager or the mayor or their delegate is to deal with a matter reported to them by an investigator under clause 7.2 as if it were a new code of conduct complaint in accordance with these procedures.

 

How are investigations to be commenced?

 

7.4    The investigator must at the outset of their investigation provide a written notice of investigation to the respondent. The notice of investigation must:

a)   disclose the substance of the allegations against the respondent, and

b)   advise of the relevant provisions of the code of conduct that apply to the alleged conduct, and

c)   advise of the process to be followed in investigating the matter, and

d)   advise the respondent of the requirement to maintain confidentiality, and

e)   invite the respondent to make a written submission in relation to the matter within at least 14 days or such other period specified by the investigator in the notice, and

f)    provide the respondent the opportunity to address the investigator on the matter within such reasonable time specified in the notice.

 

7.5    The respondent may, within 7 days of receipt of the notice of investigation, request in writing that the investigator provide them with such further information they consider necessary to assist them to identify the substance of the allegation against them. An investigator will only be obliged to provide such information that the investigator considers reasonably necessary for the respondent to identify the substance of the allegation against them.

 

7.6    An investigator may at any time prior to issuing a draft report, issue an amended notice of investigation to the respondent in relation to the matter referred to them.

 

7.7    Where an investigator issues an amended notice of investigation, they must provide the respondent with a further opportunity to make a written submission in response to the amended notice of investigation within at least 14 days or such other period specified by the investigator in the amended notice.

 

7.8    The investigator must also, at the outset of their investigation, provide written notice of the investigation to the complainant, the complaints coordinator and the general manager, or in the case of a complaint about the general manager, to the complainant, the complaints coordinator and the mayor. The notice must:

a)   advise them of the matter the investigator is investigating, and

b)   in the case of the notice to the complainant, advise them of the requirement to maintain confidentiality, and

c)   invite the complainant to make a written submission in relation to the matter within at least 14 days or such other period specified by the investigator in the notice.

 

Written and oral submissions

 

7.9    Where the respondent or the complainant fails to make a written submission in relation to the matter within the period specified by the investigator in their notice of investigation or amended notice of investigation, the investigator may proceed to prepare their draft report without receiving such submissions.

 

7.10  The investigator may accept written submissions received outside the period specified in the notice of investigation or amended notice of investigation.

 

7.11  Prior to preparing a draft report, the investigator must give the respondent an opportunity to address the investigator on the matter being investigated. The respondent may do so in person or by telephone or other electronic means.

 

7.12  Where the respondent fails to accept the opportunity to address the investigator within the period specified by the investigator in the notice of investigation, the investigator may proceed to prepare a draft report without hearing from the respondent.

 

7.13  Where the respondent accepts the opportunity to address the investigator in person, they may have a support person or legal adviser in attendance. The support person or legal adviser will act in an advisory or support role to the respondent only. They must not speak on behalf of the respondent or otherwise interfere with or disrupt proceedings.

 

7.14  The investigator must consider all written and oral submissions made to them in relation to the matter.

 

How are investigations to be conducted?

 

7.15  Investigations are to be undertaken without undue delay.

 

7.16  Investigations are to be undertaken in the absence of the public and in confidence.

 

7.17  Investigators must make any such enquiries that may be reasonably necessary to establish the facts of the matter.

 

7.18  Investigators may seek such advice or expert guidance that may be reasonably necessary to assist them with their investigation or the conduct of their investigation.

 

7.19  An investigator may request that the complaints coordinator provide such further information that the investigator considers may be reasonably necessary for them to establish the facts of the matter. The complaints coordinator will, as far as is reasonably practicable, provide the information requested by the investigator.

 

Referral or resolution of a matter after the commencement of an investigation

 

7.20  At any time after an investigator has issued a notice of investigation and before they have issued a draft report, an investigator may determine to:

a)   resolve the matter by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation, a voluntary apology or an undertaking not to repeat the offending behaviour, or

b)   refer the matter to the general manager, or, in the case of a complaint about the general manager, to the mayor, for resolution by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation, a voluntary apology or an undertaking not to repeat the offending behaviour, or

c)   refer the matter to an external agency.

 

7.21  Where an investigator determines to exercise any of the options under clause 7.20 after the commencement of an investigation, they must do so in accordance with the requirements of Part 6 of these procedures relating to the exercise of these options at the preliminary assessment stage.

 

7.22  The resolution of a code of conduct complaint under clause 7.20, paragraphs (a) or (b) is not to be taken as a determination that there has been a breach of the council’s code of conduct.

 

7.23  Where an investigator determines to exercise any of the options under clause 7.20 after the commencement of an investigation, they may by written notice to the respondent, the complainant, the complaints coordinator and the general manager, or in the case of a complaint about the general manager, to the respondent, the complainant, the complaints coordinator and the mayor, discontinue their investigation of the matter.

 

7.24  Where the investigator discontinues their investigation of a matter under clause 7.23, this shall finalise the consideration of the matter under these procedures.

 

7.25  An investigator is not obliged to give prior notice to or to consult with any person before making a determination to exercise any of the options under clause 7.20 or to discontinue their investigation except as may be specifically required under these procedures.

 

Draft investigation reports

 

7.26  When an investigator has completed their enquiries and considered any written or oral submissions made to them in relation to a matter, they must prepare a draft of their proposed report.

 

7.27  The investigator must provide their draft report to the respondent and invite them to make a written submission in relation to it within at least 14 days or such other period specified by the investigator.

 

7.28  Where the investigator proposes to make adverse comment about any other person (an affected person) in their report, they must also provide the affected person with relevant extracts of their draft report containing such comment and invite the affected person to make a written submission in relation to it within at least 14 days or such other period specified by the investigator.

 

7.29  The investigator must consider written submissions received in relation to the draft report prior to finalising their report in relation to the matter.

 

7.30  The investigator may, after consideration of all written submissions received in relation to their draft report, make further enquiries into the matter. If, as a result of making further enquiries, the investigator makes any material change to their proposed report that makes new adverse comment about the respondent or an affected person, they must provide the respondent or affected person as the case may be with a further opportunity to make a written submission in relation to the new adverse comment.

 

7.31  Where the respondent or an affected person fails to make a written submission in relation to the draft report within the period specified by the investigator, the investigator may proceed to prepare and issue their final report without receiving such submissions.

 

7.32  The investigator may accept written submissions in relation to the draft report received outside the period specified by the investigator at any time prior to issuing their final report.

 

Final investigation reports

 

7.33  Where an investigator issues a notice of investigation they must prepare a final report in relation to the matter unless the investigation is discontinued under clause 7.23.

 

7.34  An investigator must not prepare a final report in relation to the matter at any time before they have finalised their consideration of the matter in accordance with the requirements of these procedures.

 

7.35  The investigator’s final report must:

a)   make findings of fact in relation to the matter investigated, and,

b)   make a determination that the conduct investigated either,

i. constitutes a breach of the code of conduct, or

ii. does not constitute a breach of the code of conduct, and

c)   provide reasons for the determination.

 

7.36  Where the investigator determines that the conduct investigated constitutes a breach of the code of conduct, the investigator may make one or more of the following recommendations:

a)   that the council revise any of its policies, practices or procedures

b)   that the respondent undertake any training or other education relevant to the conduct giving rise to the breach

c)   that the respondent be counselled for their conduct

d)   that the respondent be removed from membership of a committee of the council or any other body or organisation that the respondent serves on as the council’s representative

e)   that the respondent gives an undertaking not to repeat the offending behaviour in such time and form specified by the recommendation

f)    that the respondent apologise to any person or organisation affected by the breach in such a time and form specified by the recommendation

g)   that findings of inappropriate conduct be made public by publishing the investigator’s findings and determination in the minutes of the council meeting at which the matter is considered

h)  in the case of a breach by the general manager, that action be taken under the general manager’s contract

i)    in the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the LGA

j)    in the case of a breach by a councillor, that the council resolves as follows:

i. that the councillor be formally censured for the breach under section 440G of the LGA, and

ii. that the matter be referred to the Office for further action under the misconduct provisions of the LGA.

 

7.37  Where the investigator determines that the conduct investigated does not constitute a breach of the code of conduct, the investigator may make one or more of the following recommendations:

a)   that the council revise any of its policies, practices or procedures

b)   that a person or persons undertake any training or other education.

 

7.38  In making a recommendation under clause 7.36, the investigator may have regard to the following:

a)   the seriousness of the breach

b)   whether the breach can be easily remedied or rectified

c)   whether the respondent has remedied or rectified their conduct

d)   whether the respondent has expressed contrition

e)   whether there were any mitigating circumstances

f)    the age, physical or mental health or special infirmity of the respondent

g)   whether the breach is technical or trivial only

h)  any previous proven breaches

i)    whether the breach forms part of an ongoing pattern of behaviour

j)    the degree of reckless intention or negligence of the respondent

k)   the extent to which the breach has affected other parties or the council as a whole

l)    the harm or potential harm to the reputation of the council or local government in general arising from the conduct

m)  whether the findings and recommendations can be justified in terms of the public interest and would withstand public scrutiny

n)  whether an educative approach would be more appropriate than a punitive one

o)   the relative costs and benefits of taking formal disciplinary action as opposed to taking no action or taking informal action

p)   what action or remedy would be in the public interest.

 

7.39  Where the investigator proposes to make a recommendation under clause 7.36(j), the investigator must first consult with the Office on their proposed findings, determination and recommendation prior to finalising their report, and must take any comments by the Office into consideration when finalising their report.

 

7.40  At a minimum, the investigator’s final report must contain the following information:

a)   a description of the allegations against the respondent

b)   the relevant provisions of the code of conduct that apply to the alleged conduct investigated

c)   a statement of reasons as to why the matter warranted investigation (having regard to the criteria specified in clause 6.23)

d)   a statement of reasons as to why the matter was one that could not or should not be resolved by alternative means

e)   a description of any attempts made to resolve the matter by use of alternative means

f)    the steps taken to investigate the matter

g)   the facts of the matter

h)  the investigator’s findings in relation to the facts of the matter and the reasons for those findings

i)    the investigator’s determination and the reasons for that determination

j)    any recommendations.

 

7.41  The investigator must provide a copy of their report to the complaints coordinator and the respondent.

 

7.42  At the time the investigator provides a copy of their report to the complaints coordinator and the respondent, the investigator must provide the complainant with a written statement containing the following information:

a)   the investigator’s findings in relation to the facts of the matter and the reasons for those findings

b)   the investigator’s determination and the reasons for that determination

c)   any recommendations, and

d)   such other additional information that the investigator considers may be relevant.

 

7.43  Where the investigator has determined that there has not been a breach of the code of conduct, the complaints coordinator must provide a copy of the investigator’s report to the general manager or, where the report relates to the general manager’s conduct, to the mayor, and this will finalise consideration of the matter under these procedures.

 

7.44  Where the investigator has determined that there has been a breach of the code of conduct and makes a recommendation or recommendations under clause 7.36, paragraph (a) only, the complaints coordinator must provide a copy of the investigator’s report to the general manager. Where the general manager agrees with the recommendation/s, the general manager is responsible for implementing the recommendation/s.

 

7.45  Where the investigator has determined that there has been a breach of the code of conduct and makes a recommendation or recommendations under clause 7.36, paragraphs (b) or (c) only, the complaints coordinator must provide a copy of the investigator’s report to the general manager or, where the report relates to the general manager’s conduct, to the mayor. The general manager is responsible for arranging the implementation of the recommendation/s where the report relates to a councillor’s conduct. The mayor is responsible for arranging the implementation of the recommendation/s where the report relates to the general manager’s conduct.

 

7.46  Where the investigator has determined that there has been a breach of the code of conduct and makes a recommendation or recommendations under clause 7.36, paragraphs (d) to (j) (whether or not in conjunction with recommendations made under clause 7.36, paragraphs (a) to (c)), the complaints coordinator must, where practicable, arrange for the investigator’s report to be reported to the next ordinary council meeting for the council’s consideration, unless the meeting is to be held within the 4 weeks prior to an ordinary local government election, in which case the report must be reported to the first ordinary council meeting following the election.

 

Consideration of the final investigation report by council

 

7.47  The role of the council in relation to a final investigation report is to impose a sanction if the investigator has determined that there has been a breach of the code of conduct and has made a recommendation in their final report under clause 7.36, paragraphs (d) to (j) (whether or not in conjunction with recommendations made under clause 7.36, paragraphs (a) to (c)).

 

7.48  The council is to close its meeting to the public to consider the final investigation report in cases where it is permitted to do so under section 10A of the LGA.

 

7.49  Where the complainant is a councillor, they must absent themselves from the meeting and take no part in any discussion or voting on the matter. The complainant councillor may absent themselves without making any disclosure of interest in relation to the matter unless otherwise required to do so under the code of conduct.

 

7.50  Prior to imposing a sanction, the council must provide the respondent with an opportunity to make a submission to the council. A submission may be made orally or in writing. The respondent is to confine their submission to addressing the investigator’s recommendation/s.

 

7.51  Once the respondent has made their submission they must absent themselves from the meeting and, where they are a councillor, take no part in any discussion or voting on the matter.

 

7.52  The council must not invite submissions from other persons for the purpose of seeking to rehear evidence previously considered by the investigator.

 

7.53  Prior to imposing a sanction, the council may by resolution:

a)   request that the investigator make additional enquiries and/or provide additional information to it in a supplementary report, or

b)   seek an opinion from the Office in relation to the report.

 

7.54  The council may, by resolution, defer further consideration of the matter pending the receipt of a supplementary report from the investigator or an opinion from the Office.

 

7.55  The investigator may make additional enquiries for the purpose of preparing a supplementary report.

 

7.56  Where the investigator prepares a supplementary report, they must provide copies to the complaints coordinator who shall provide a copy each to the council and the respondent.

 

7.57  The investigator is not obliged to notify or consult with any person prior to submitting the supplementary report to the complaints coordinator.

 

7.58  The council is only required to provide the respondent a further opportunity to make an oral or written submission on a supplementary report if the supplementary report contains new information that is adverse to them.

 

7.59  A council may by resolution impose one or more of the following sanctions on a respondent:

a)   that the respondent undertake any training or other education relevant to the conduct giving rise to the breach

b)   that the respondent be counselled for their conduct

c)   that the respondent be removed from membership of a committee of the council or any other body or organisation that the respondent serves on as the council’s representative

d)   that the respondent gives an undertaking not to repeat the offending behaviour in such time and form specified by the resolution

e)   that the respondent apologise to any person or organisation affected by the breach in such a time and form specified by the resolution

f)    that findings of inappropriate conduct be made public by publishing the investigator’s findings and determination in the minutes of the meeting

g)   in the case of a breach by the general manager, that action be taken under the general manager’s contract for the breach

h)  in the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the LGA

i)    in the case of a breach by a councillor:

i. that the councillor be formally censured for the breach under section 440G of the LGA, and

ii. that the matter be referred to the Office for further action under the misconduct provisions of the LGA.

 

7.60  The council is not obliged to adopt the investigator’s recommendation/s. Where the council proposes not to adopt one or more of the investigator’s recommendation/s, the council must resolve not to adopt the recommendation/s and state in its resolution the reasons for its decision.

 

7.61  Where the council proposes to impose a sanction on the respondent under clause 7.59 that is different to the sanction recommended by the investigator in their final report, the council must state in its resolution the reasons for its decision.

 

7.62  Where the council resolves not to adopt the investigator’s recommendation/s or imposes a sanction on the respondent under clause 7.59 that is different to the sanction recommended by the investigator, the complaints coordinator must notify the Office of the council’s decision and the reasons for it.

PART 8     OVERSIGHT AND RIGHTS OF REVIEW

 

The Office’s powers of review

 

8.1    The Office may, at any time, whether or not in response to a request, review the consideration of a matter under a council’s code of conduct where it is concerned that a person has failed to comply with a requirement prescribed under these procedures or has misinterpreted or misapplied the standards of conduct prescribed under the code of conduct in their consideration of a matter.

 

8.2    The Office may direct any person, including the council, to defer taking further action in relation to a matter under consideration under the council’s code of conduct pending the completion of its review. Any person the subject of a direction must comply with the direction.

 

8.3    Where the Office undertakes a review of a matter under clause 8.1, it will notify the complaints coordinator and any other affected persons, of the outcome of the review.

 

Complaints about conduct reviewers

 

8.4    The general manager or their delegate must refer code of conduct complaints about conduct reviewers to the Office for its consideration.

 

8.5    The general manager must notify the complainant of the referral of their complaint about the conduct reviewer in writing.

 

8.6    The general manager must implement any recommendation made by the Office as a result of its consideration of a complaint about a conduct reviewer.

 

Practice rulings

 

8.7    Where a respondent and an investigator are in dispute over a requirement under these procedures, either person may make a request in writing to the Office to make a ruling on a question of procedure (a practice ruling).

 

8.8    Where the Office receives a request in writing for a practice ruling, the Office may provide notice in writing of its ruling and the reasons for it to the person who requested it and to the investigator, where that person is different.

 

8.9    Where the Office makes a practice ruling, all parties must comply with it.

 

8.10  The Office may decline to make a practice ruling. Where the Office declines to make a practice ruling, it will provide notice in writing of its decision and the reasons for it to the person who requested it and to the investigator, where that person is different.

 

Review of decisions to impose sanctions

 

8.11  A person who is the subject of a sanction imposed under Part 7 of these procedures other than one imposed under clause 7.59, paragraph (i), may, within 28 days of the sanction being imposed, seek a review of the investigator’s determination and recommendation by the Office.

 

8.12  A review under clause 8.11 may be sought on the following grounds:

a)   that the investigator has failed to comply with a requirement under these procedures, or

b)   that the investigator has misinterpreted or misapplied the standards of conduct prescribed under the code of conduct, or

c)   that in imposing its sanction, the council has failed to comply with a requirement under these procedures.

 

8.13  A request for a review made under clause 8.11 must be made in writing and must specify the grounds upon which the person believes the investigator or the council has erred.

 

8.14  The Office may decline to conduct a review, in cases where the grounds upon which the review is sought are not sufficiently specified.

 

8.15  The Office may undertake a review of a matter without receiving a request under clause 8.11.

 

8.16  The Office will undertake a review of the matter on the papers. However, the Office may request that the complaints coordinator provide such further information that the Office considers reasonably necessary for it to review the matter. The complaints coordinator must, as far as is reasonably practicable, provide the information requested by the Office.

 

8.17  Where a person requests a review under clause 8.11, the Office may direct the council to defer any action to implement a sanction. The council must comply with a direction to defer action by the Office.

 

8.18  The Office must notify the person who requested the review and the complaints coordinator of the outcome of the Office’s review in writing and the reasons for its decision. In doing so, the Office may comment on any other matters the Office considers to be relevant.

 

8.19  Where the Office considers that the investigator or the council has erred, the Office may recommend that a decision to impose a sanction under these procedures be reviewed.

 

8.20  In the case of a sanction implemented by the general manager or mayor under clause 7.45, where the Office recommends that the decision to impose a sanction be reviewed:

a)   the complaints coordinator must provide a copy of the Office’s determination in relation to the matter to the general manager or the mayor, and

b)   the general manager or mayor must review any action taken by them to implement the sanction, and

c)   the general manager or mayor must consider the Office’s recommendation in doing so.

 

8.21  In the case of a sanction imposed by the council by resolution under clause 7.59, where the Office recommends that the decision to impose a sanction be reviewed:

a)   the complaints coordinator must, where practicable, arrange for the Office’s determination to be tabled at the next ordinary council meeting unless the meeting is to be held within the 4 weeks prior to an ordinary local government election, in which case it must be tabled at the first ordinary council meeting following the election, and

b)   the council must:

i. review its decision to impose the sanction, and

ii. consider the Office’s recommendation in doing so, and

iii. resolve to either rescind or reaffirm its previous resolution in relation to the matter.

 

8.22  Where, having reviewed its previous decision in relation to a matter under clause 8.21, the council resolves to reaffirm its previous decision, the council must state in its resolution its reasons for doing so.

PART 9     PROCEDURAL IRREGULARITIES

 

9.1    A failure to comply with these procedures does not, on its own, constitute a breach of the code of conduct, except as may be otherwise specifically provided under the code of conduct.

 

9.2    A failure to comply with these procedures will not render a decision made in relation to a matter invalid where:

a)   the non-compliance is isolated and/or minor in nature, or

b)   reasonable steps are taken to correct the non-compliance, or

c)   reasonable steps are taken to address the consequences of the non-compliance.

PART 10   PRACTICE DIRECTIONS

 

10.1    The Office may at any time issue a practice direction in relation to the application of these procedures.

 

10.2  The Office will issue practice directions in writing, by circular to all councils.

 

10.3    All persons performing a function prescribed under these procedures must consider the Office’s practice directions when performing the function.

PART 11        REPORTING STATISTICS ON CODE OF CONDUCT COMPLAINTS ABOUT COUNCILLORS AND THE GENERAL MANAGER

 

11.1  The complaints coordinator must arrange for the following statistics to be reported to the council within 3 months of the end of September of each year:

a)   the total number of code of conduct complaints made about councillors and the general manager under the code of conduct in the year to September (the reporting period)

b)   the number of code of conduct complaints referred to a conduct reviewer during the reporting period

c)   the number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage during the reporting period and the outcome of those complaints

d)   the number of code of conduct complaints investigated by a conduct reviewer during the reporting period

e)   without identifying particular matters, the outcome of investigations completed under these procedures during the reporting period

f)    the number of matters reviewed by the Office during the reporting period and, without identifying particular matters, the outcome of the reviews, and

g)   the total cost of dealing with code of conduct complaints made about councillors and the general manager during the reporting period, including staff costs.

 

11.2  The council is to provide the Office with a report containing the statistics referred to in clause 11.1 within 3 months of the end of September of each year.

PART 12   CONFIDENTIALITY

 

12.1  Information about code of conduct complaints and the management and investigation of code of conduct complaints is to be treated as confidential and is not to be publicly disclosed except as may be otherwise specifically required or permitted under these procedures.

 

12.2  Where a complainant publicly discloses information on one or more occasions about a code of conduct complaint they have made or purported to make, the general manager or their delegate may, with the consent of the Office, determine that the complainant is to receive no further information about their complaint and any future code of conduct complaint they make or purport to make.

 

12.3  Prior to seeking the Office’s consent under clause 12.2, the general manager or their delegate must give the complainant written notice of their intention to seek the Office’s consent, invite them to make a written submission within at least 14 days or such other period specified by the general manager or their delegate, and consider any submission made by them.

 

12.4  In giving its consent under clause 12.2, the Office must consider any submission made by the complainant to the general manager or their delegate.

 

12.5  The general manager or their delegate must give written notice of a determination made under clause 12.2 to:

a)   the complainant

b)   the complaints coordinator

c)   the Office, and

d)   any other person the general manager or their delegate considers should be notified of the determination.

 

12.6  Any requirement under these procedures that a complainant is to be provided with information about a code of conduct complaint that they have made or purported to make, will not apply to a complainant the subject of a determination made by the general manager or their delegate under clause 12.2.

 

12.7  Clause 12.6 does not override any entitlement a person may have to access to council information under the Government Information (Public Access) Act 2009 or to receive information under the Public Interest Disclosures Act 1994 in relation to a complaint they have made.


Item 11 Ordinary Meeting 26 February 2019

Item 11 - Annexure 4

 

Changes Made to Code of Conduct Policy

References to specific sections of the LGA made for clarity throughout the entire document.

Part 2

Several definitions added:

-     LGA

-     Conduct

-     Environmental Planning Instrument

-     General Manager

-     Joint Organisation

-     Local Planning Panel

-     Mayor

-     Members of Staff of a Council

-     The Office

-     The Procedures

-     Voting Representative

-     Wholly Advisory Committee

Part 3

Added:

-     3.7

Sections added:

-     Bullying

-     Work, Health and Safety

-     Land Use, Planning, Development Assessment and Other Regulatory Functions

-     Obligations in Relation to Meetings

Parts 4 & 5

Split from “Conflicts of Interest” into “Pecuniary Interests” and “Non-pecuniary Interests”. These sections have been expanded upon significantly.

Part 6

Section added:

-     Cash-like gifts

Token Value updated to $50

Part 7

Added:

-     7.3

-     7.6e

-     7.6g

Part 8

Added:

-     8.6

-     8.11

Section added:

-     Council Record Keeping

Part 9

Added:

-     9.10

-     9.14

Schedules 1, 2 & 3

Newly added

 

 


Item 11 Ordinary Meeting 26 February 2019

Item 11 - Annexure 5

 

Changes Made to the Procedure for the Administration of the Code of Conduct Policy

Part 2

Several definitions added:

-     LGA

-     Council

-     External Agency

-     General manager

-     ICAC

-     Joint Organisation

-     Mayor

-     Members of Staff of a Council

-     The Office

-     Respondent

-     Wholly Advisory Committee

Part 3

Added:

-     3.11

-     3.13

-     3.14

-     3.15

-     3.16

Part 4

Added:

-     4.2

Part 5

Added:

-     5.8

-     5.11

-     5.12

-     5.14

-     5.15

-     5.22

-     5.23

-     5.29

-     5.30

-     5.34

-     5.36

Part 6

Added:

-     6.10

-     6.11

-     6.19

-     6.31b

-     6.31i

Part 7

Added:

-     7.4d

-     7.5 – 14 days changed to 7 days

-     7.22

-     7.36d

-     7.36e

-     7.39

-     7.42

-     7.59a

-     7.59b

-     7.59c

-     7.59d

Part 8

Added:

-     8.1

-     8.2

-     8.3

-     8.4

-     8.5

-     8.6

Part 12

Added:

-     12.2

-     12.3

-     12.4

-     12.5

-     12.6

-     12.7

 

 


Item 12 Ordinary Meeting 26 February 2019

Item 12 - Annexure 1

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 13 Ordinary Meeting 26 February 2019

Item 13 - Annexure 1

 

Draft Mobile Phones Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

DRAFT

Author

Systems Administrator

Owner

(Relevant director)

Director of Finance & Corporate Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Adopted by Council

Next Review Date

Within 12 months of Council being elected or as technology / change requires

Minute number
(once adopted by Council)

18/05/20

2 Summary

This policy covers all usage by Council employees and councillors of mobile phones (and Smartphones) supplied by Council to ensure correct approval processes are followed for the issue of mobile phones; and to standardise equipment and its usage across Council.

3 Approvals

Title

Date Approved

Signature

Director of Finance & Corporate Services

 

 

4 History

Minute No.

Summary of Changes

New Version Date

3 October 2007

Amended for change to Next G network, and new use of Mobile Phone in Cars laws re Year 1 “P” plate drivers effective 1 July 2007.

3 October 2007

09/04/32

Amended to allow SMS usage and to authorise deduction of Users total phone account if no reply is received within 3 months of a request to identify personal/council related calls and SMS.

8 April 2009

10/02/17

Readopted by Council

15 February 2010

13/09/30

Readopted as per s165(4)

17 September 2013

15/04/15

Amended to include use of Smartphones; and change of names for RTA to RMS and for OH&S to WHS legislation.  Links an email and internet user agreement with Smartphone usage.

28 April 2015

16/05/12

Reviewed and updated to reflect responsibility for phones being reassigned to the Systems Administrator.  Added clarification that negligence for damage as well as for loss may trigger compensation by user and updated methodology/limits for when personal usage will require reimbursement to the council.

24 May 2016

18/05/20

Dot point added under personal usage to make it clear that Council can recover the cost of excess fees as a result of personal usage. Readopted as per s165(4)

22 May 2018

 

5  Reason

Council recognises that some employees and councillors require a Council issued mobile phone or Smartphone to fulfil the requirements of their position.  The Mayor is also entitled to the issue of a Council mobile phone.  Some employees also have personal mobile phones which they may use to make business related calls.

There are State laws governing the use of mobile phones and there are obvious implications in the work place in their use.  The circumstances for field staff and office staff may be different and supervisors, employees and councillors must make judgements on appropriate use.  This policy seeks to provide direction and assistance in making those judgements.

While neither the WHS Act 2011 nor the WHS Regulation 2011 refers specifically to mobile telephones, Council considers they fall into the broad category of plant which is defined in s4 of the Act as “machinery, equipment, appliance…”.  Council is of the view that a mobile telephone is an appliance and therefore under the legislation is required to ensure staff are instructed in its safe use.

6 Scope

The councillors’ and employees’ responsibilities relating to the allocation, care and use of mobile phones and Smartphones are included in the policy and agreed to by use of a Mobile Phone Agreement. 

The types of phones to be acquired by Council are defined as well as limitations on the functions to be activated.

Safety guidelines and legalities relating to use in motor vehicles are included.

Due to limited coverage in parts of the Cabonne Local Government Area (LGA) the SMS facility has been left active on all phones: in case of an emergency - Telstra has advised that a SMS may work when no call can be made.  This facility will either be approved for Council purposes use with private calls paid for by the user or will be treated as all private calls.

7 Associated Legislation

Roads and Maritime Services legislation relating to use of mobile phones.

Work Health and Safety Act (WHS Act) 2011 - s4

8 Definitions

IT – Information Technology

Mobile phone - a portable telephone device that does not require the use of landlines. Phones connect to a wireless communications network which utilise frequencies transmitted by towers.  Within this policy the terms “mobile phone” or “phone” refer to either a mobile phone or Smart phone.

Smartphone - is a mobile phone that also performs many of the functions of a computer, typically having a touchscreen interface, Internet access, and an operating system capable of running downloaded applications.

9 Responsibilities

9.1 General Manager

All requests for new and replacement mobile phone or Smartphone service for staff reporting directly to he general manager must be approved by the general manager using the attached Request for Approval form.

The approval form should be completed by the mobile phone service user and approved in the first instance by the manager/director and finally by the general manager

9.2 Directors and Managers

All requests for new and replacement mobile phone service must be approved by the manager and the director/general manager using the above Request for Approval form.

The approval form should be completed by the mobile phone service user and approved in the first instance by the manager and finally by the director/general manager.

9.3 Mayor

The Mayor is entitled to be provided with a mobile phone as per the Payment of Expenses for Mayor and Councillors Policy.

9.4 Employees / Councillors

When the request for a mobile phone or Smartphone service has been approved the form is to be forwarded to the IT section.  The IT section will place all phone orders and distribute same to the respective user when goods are received.

Upon receipt of a mobile phone and / or Smartphones the IT section will record the phone & serial number on this form and on the Mobile Phone register before issuing the phone and the Mobile Phone Agreement Form to the approved user.

10 Related Documents

Document Name

Document Location

Cabonne Council’s HACC Policies and Procedures Policy re Mobile Phones.

Policy Register

Payment of Expenses for Mayor and Councillors Policy

Policy Register

11 Policy Statement

Mobile Phone Use Agreement

·    Mobile phones and Smartphones are issued to members of staff to assist them in the performance of their duties based on their job description.  A mobile phone will be provided to allow contact between staff members or staff and customers and will only be issued if it is considered necessary to operate effectively in the position.  For example, if the employee’s duties require them to spend time away from their work location and/or that they be contactable outside normal hours of work.

·    Directors shall decide on whether an employee should have access to a council provided mobile phone or Smartphone.  Directors should also note that the expenditure for phones is to be met from their budget.

·    Council will have a ‘loan’ phone available for employees to use in times when they may have council business that requires a mobile phone e.g. attendance at a conference.  The ‘loan’ phone will be administered by the IT section and will be done so on a first in first served basis.

·    Each employee and councillor issued with a mobile phone or Smartphone must enter into a Mobile Phone Agreement (See Appendix 1) with the council acknowledging they:

          - Have received and read the Mobile Phone policy

          - Have entered into an email and internet user agreement

          - They will comply with the requirements of this policy

          - Agree with the serial numbers of equipment issued to them

          - Accept responsibility for the equipment

- Acknowledge the requirement to reimburse Council for personal calls as required by the Mobile Phone policy

- Authorise Council to deduct the TOTAL mobile phone account for any account a copy of which has been provided for the purposes of determining reimbursement of personal calls for, consistent with the process agreed to with the consultative committee, which has not been returned within 3 months   No adjustment will be allowed once deducted.

- Acknowledge that the equipment remains at all times the property of the council and will be returned upon termination of employment or when requested by the general manager or director.

- Will return the mobile phone or Smartphone to the IT section when requested during periods of extended absence such as Long Service Leave, Maternity, Paternity and period of Annual Leave greater than 10 days.

- Will compensate the council for the value of costs for loss or damage to a phone or accessory where deemed to be due to negligence and authorise deduction from the user’s pay or councillor’s allowance.

·    All eligible employees and councillors will be issued with a specifically selected mobile phone, advised as suitable for this area after consultation with the telecommunications supplier (Telstra) and best suited to the activities of staff.  This will also allow maximum flexibility by users in vehicles with hands free kits and aids in purchasing.  Exception to this may only occur with the approval of a director.  Ideally the mobile phone fleet will be limited to one model of phone.

·    Eligible staff will be issued with a Smartphone determined as most suitable by the IT section.

·    The IT section will record all relevant details in a register prior to delivery to the user.  This includes serial number, make and model number, ex and current user and division.

·    Smartphones will be enrolled into a Mobile Device Management System (MDM) by the IT section.  The MDM records all installed applications, storage space used, the location of the device (to be used exclusively when a device is reported lost or stolen, no history is kept); enforces security features, device settings (such as WiFi settings, locations settings etc.); remotely wipes or disables Smartphones (including all personal data) and filters internet usage.

·    Text messages should not be used to conduct official Council business.

Bring Your Own Device

·    With approval from the relevant Director or General Manager, staff members may opt to use their personal mobile phone for work purposes. The personal mobile phone will need to be compatible with and enrolled in Council’s Mobile Device Management system, it should also still be actively supported by the manufacturer and should still be receiving security updates. The System Administrator may reject any device that does not meet relevant security requirements. The same security settings that apply to Council owned devices will be applied to personal devices approved for work use.

·    Private devices must be enrolled in Council’s Mobile Device Management System prior to connecting to any of Council’s systems including but not limited to; email system, network and file shares.

·    Upon termination of employment the staff member will be required to allow IT staff to inspect the device to ensure all Council data has been removed. The staff member must advise the IT Department if their personal device has been lost or stolen, the IT Department will then remotely wipe the device of all data. Work related applications are to be installed and administered solely by the IT Department using the Mobile Device Management System.

·    Staff members approved to use their personal device for work purposes may also receive a fortnightly allowance. The allowance must be approved by the appropriate Director or General Manager in consultation with the Systems Administrator. This allowance should be no more than the cost of issuing a Council owned phone. Staff may be periodically requested to prove they are using their personal devices for work purposes.

Use of Mobile Phones

General

·    Upon being issued a mobile phone, the approved user shall set up their message bank with the following standard greeting:

Hello, this is (your name), Council’s (your position).  I cannot take your call at the moment, but please leave a message after the tone and I will get back to you as soon as possible.  If your call is urgent, please call Council’s switchboard on 02 6392 3200”.

·    Designated “on-call” staff must use a Council owned mobile phone, with the standard voicemail greeting applied, and must be contactable 24 hours a day 7 days a week.  Other staff issued with mobile phones must be contactable during normal working hours and should leave their phones switched on wherever possible outside of normal working hours.

·    It is common courtesy to switch mobile phones off before entering a meeting.  The council understands that extenuating circumstances may exist that require you to leave your mobile phone switched on during meetings.  If this is the case, please advise the convenor that your mobile phone will be switched on.  Under no circumstances should a user allow a mobile phone to ring during a council or committee meeting.

Mobile phones are not to be used for:

·    the delivery of offensive or objectionable communications;

·    unlawful activities;

·    commercial purposes not under the auspices of Council;

·    personal financial gain;

·    any other unauthorised use (e.g. activity which may be a breach of the Code of Conduct, etc.).

Offences of this nature will result in disciplinary action or possible summary dismissal.

·    The mobile phone is the property and remains the property of Cabonne Council and must not be lent to any other council employee without the approval of their manager or to any person other than a council employee without the prior approval of a director.

·    SMS are not to be used for contact with Council’s customers due to the inability to capture SMS for records keeping requirements.

Facilities Supported

The following functions are supported:

·    STD and mobile calls

·    Voice mail

·    Emails for selected Users

·    SMS

·    mobile data internet access (Smartphones only)

The following functions will be blocked unless a Director or the General Manager approves of usage:

·    Premium SMS

·    MMS

·    International Calls

·    Downloaded ring tones

·    1900, 1902, 0055 and other high cost calls

·    Foxtel

·    Any other subscription-based functions

The following facilities require suitable justification:

·    Internet and email capability

·    Connection to computers

·    SMS for Council purposes use

Personal Use

·    Mobile phones are provided for business use, however staff are able to make personal calls and send SMS messages on the proviso that the cost of such calls are reimbursed to the council, consistent with the process agreed to with the consultative committee.

·    Personal usage is permissible as long as the call and data plan limits are not exceeded. Excess usage fess resulting from personal usage may be billed to the mobile phone user.

·    The council reserves the right to recover costs associated with personal use.

·    Where mobile data has been activated Council reserves the right to recover the costs for any excess data fees incurred as a result of personal usage.

·    For the purpose of this policy, private calls /texts will include (but is not limited to) those that are not relevant to the approved user fulfilling their obligations to Council.

While Driving a Motor Vehicle/Operating Equipment

·    While your vehicle is moving or stationary (but not parked), drivers may only use a mobile phone to make or receive a call or use the audio playing function if:

the mobile phone is secured in a fixed mounting; or

the mobile phone is connected to a vehicle by Bluetooth connection; or

the mobile phone does not require you to touch or manipulate the phone in any way.

·    All other functions including texting, video messaging, online chatting, reading preview messages and emailing are prohibited.

·    While your vehicle is moving or stationary (but not parked), drivers must not hold a mobile phone in their hands other than to pass the phone to a passenger

·    ALL mobile phone use is banned for Learner, P1 drivers and provisional motorcycle riders – this applies to all use, including hands-free sets, phones set to speaker or loudspeaker, while driving or while your vehicle is stopped, but not parked.

·    P2 drivers may use mobile phones for calls and audio only.  The phone must be securely mounted, or you must use an automated audio device.  Touching a phone (e.g. text or video functions) is against the law.

 

·    All traffic infringements incurred by a member of staff while using a mobile phone are the responsibility of the mobile phone user and Council accepts no responsibility whatsoever.

·    Wherever it is likely that a mobile phone will need to be used in a Council motor vehicle, the vehicle will be fitted with a hands-free mobile phone kit, when the vehicle does not have Bluetooth facilities.

Electro-Magnetic Radiation (EMR)

·    While the potential hazard for EMR has been established with regard to the radio network frequencies used by mobile telephones and at the power used to transmit the signal, the research is unclear.  Reference can be made to the Australian Standard AS/NZ2772(int.):1998: Radio Fields – Maximum Exposure Levels – 3kH2 to 300GHz.

·    In light of the uncertainty surrounding the safety of mobile telephones, the following procedures apply:

Minimise use

·    keep calls as short as possible

·    limit exposure to one side of the head by rotating use of device

·    use hands-free device whenever possible

·    monitor the use of devices

Monitoring of Use

·    Council has the right to monitor and log any matter relating to the use of a mobile phone.  Monitoring of the mobile phone accounts is undertaken on a monthly basis as a means of ensuring compliance with this policy and to identify any irregularities.

·    Council’s general manager may authorise an audit on individual mobile telephone accounts to ensure that this policy is being adhered to.  Council reserves the right to recover any amounts due to the council through the approved user making incorrect assessments of private or personal mobile telephone accounts.

Care of Mobile Phone

·    Mobile phones and accessories are to be maintained in reasonable condition. It is the responsibility of the approved user to ensure that the mobile phone and accessories are kept in good order.

·    Mobile phones must be kept in a secure/safe location at all times and must never be left unattended – e.g. in a motor vehicle.

Purchase Procedures

·    All requests for a new or replacement mobile phone must be on the Mobile Phone Request Form and approved by the manager and relevant director.  (Appendix 2).  The Mobile Phone Request Form can be obtained from the IT section or see infoXpert letters and templates / IT.