cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

 

20 August 2019

 

NOTICE OF Ordinary Council Meeting

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Tuesday 27 August, 2019 commencing at 2:00pm, at the Cabonne Council Chambers, Bank Street, Molong to consider the undermentioned business.

 

 

 

Yours faithfully

BJ Byrnes

GENERAL MANAGER

 

 

ORDER OF BUSINESS

 

1)       Open Ordinary Meeting

2)       Consideration of Mayoral Minute

3)       Consideration of General Manager’s Report

4)       Resolve into Committee of the Whole

a)    Consideration of Called Items

b)    Consideration of Closed Items

5)      Adoption of Committee of the Whole Report

 

 

 

 

 

 

 

 

 

 


 

ATTENDEES – AUGUST 2019 COUNCIL MEETING

 

 

2:00 pm

The Hon Andrew Gee MP

 

 

 

 


 

 

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 27 August, 2019

Page 1

TABLE OF CONTENTS

 

 

 

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

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

ITEM 3      DECLARATIONS FOR POLITICAL DONATIONS.......................... 5

ITEM 4      MAYORAL MINUTE - APPOINTMENTS........................................... 5

ITEM 5      COMMITTEE OF THE WHOLE........................................................... 6

ITEM 6      GROUPING OF REPORT ADOPTION.............................................. 7

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

ITEM 8      COUNCIL UNION PICNIC DAY.......................................................... 8

ITEM 9      POLICY REVIEW - CODE OF CONDUCT & GIFT AND BENEFIT POLICY         9

ITEM 10    GOVERNMENT INFORMATION PUBLIC ACCESS ACT 2009 (GIPA) AGENCY INFORMATION GUIDE - ANNUAL REVIEW................................. 10

ITEM 11    AUDIT, RISK AND IMPROVEMENT COMMITTEE ...................... 11

ITEM 12    DRAFT CORPORATE CREDIT CARD POLICY............................ 12

ITEM 13    ANNUAL FINANCIAL STATEMENTS............................................. 13

ITEM 14    WRITE OFF RATES OUTSTANDING FOR PARCELS OF LAND TRANSFERRED TO CABONNE COUNCIL.................................................................. 14

ITEM 15    MEMBERSHIP OF ORANGE 360 REGIONAL TOURISM ORGANISATION        15

ITEM 16    STRONGER COUNTRY COMMUNITIES FUND - ROUND THREE    17

ITEM 17    EVENTS ASSISTANCE PROGRAM................................................ 19

ITEM 18    RE-ESTABLISHMENT OF ALCOHOL FREE ZONES................. 24

ITEM 19    ENFORECEMENT POLICY............................................................... 29

ITEM 20    REQUEST FOR DONATION EQUIVALENT TO DEVELOPMENT APPLICATION FEES PAID BY EUGOWRA PROMOTION AND PROGRESS ASSOCIATION   30

ITEM 21    REQUEST FOR DONATION - FEES PAID ASSOCIATED WITH  DEVELOPMENT APPLICATION 2017/094.................................................................... 32

ITEM 22    QUESTIONS FOR NEXT MEETING................................................ 34

ITEM 23    BUSINESS PAPER ITEMS FOR NOTING...................................... 34

ITEM 24    MATTERS OF URGENCY................................................................. 35

ITEM 25    COMMITTEE OF THE WHOLE SECTION OF THE MEETING... 36

Confidential Items

 

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

 

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

Procedural

ITEM 2      ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING

Procedural

ITEM 3      REQUEST FOR CONSIDERATION OF WATER CHARGES FOR 3967100003

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

ITEM 4      REQUEST FOR CONSIDERATION OF INTEREST CHARGES FOR RATES A9109 AND WATER/SEWER 682000005

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

ITEM 5      EVALUATION OF TILT/TIP TRUCKS

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business   

 

ANNEXURE ITEMS

 

ANNEXURE 7.1    July 23 2019 Ordinary Council Meeting Minutes  37

ANNEXURE 9.1    Code of Conduct Policy........................................... 50

ANNEXURE 9.2    Gift and Benefit Policy............................................. 94

ANNEXURE 10.1  Agency information Guide - 2019-2020 .............. 99

ANNEXURE 11.1  GRMBI Minutes 1 August 2019................................ 121

ANNEXURE 12.1  Draft - Corporate Credit Card Policy......... 125

ANNEXURE 13.1  Annual Financial Statements............................. 132

ANNEXURE 15.1  Orange 360 abridged annual report 6 aug 2019  136

ANNEXURE 15.2  Orange 360 financial statements 6 aug 2019 140

ANNEXURE 17.1  Central West Disc Golf - Events Assistance Program Application Form........................................................ 160

ANNEXURE 17.2  Orange Regional Vignerons Association - Events Assistance Program Application.................... 173

ANNEXURE 17.3  Molong Advancement Group Inc - Event Assistance Program - 2019............................................................... 184

ANNEXURE 19.1  Draft Enforcement Policy 2019......................... 188 

 


 

 

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 - 1021240

 

 

Recommendation

 

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

 

General Manager 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 - 1021241

 

 

Recommendation

 

THAT the Declarations of Interest be noted.

 

General Manager REPORT

 

A call for Declarations of Interest.

 

 

ITEM 3 - DECLARATIONS FOR POLITICAL DONATIONS

REPORT IN BRIEF

 

Reason For Report

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

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF POLITICAL DONATIONS - 1021242

 

 

Recommendation

 

THAT any Political Donations be noted.

 

General Manager REPORT

 

A call for declarations of any Political Donations.

 

 

 

ITEM 4 - MAYORAL MINUTE - APPOINTMENTS

REPORT IN BRIEF

 

Reason For Report

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

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\MAYORAL MINUTES - 1021245

 

 

Recommendation

 

THAT the information contained in the Mayoral Minute be noted.

 

General Manager REPORT

 

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

 

 

 

ITEM 5 - COMMITTEE OF THE WHOLE

REPORT IN BRIEF

 

Reason For Report

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

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\GROUPING OF REPORT ADOPTION and BUSINESS PAPER ITEMS FOR NOTING REPORTS - 1021246

 

 

Recommendation

 

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

 

General Manager REPORT

 

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

 

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

 

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

 

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

 

 

 

ITEM 6 - GROUPING OF REPORT ADOPTION

REPORT IN BRIEF

 

Reason For Report

Enabling procedural reports to be adopted.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\GROUPING OF REPORT ADOPTION and BUSINESS PAPER ITEMS FOR NOTING REPORTS - 1021247

 

 

Recommendation

 

THAT:

1.    Councillors call any items they wish to further consider

2.    Items 7 to 12 be moved and seconded.

 

 

General Manager REPORT

 

Items 7 to 12 are considered to be of a procedural nature and it is proposed that they be moved and seconded as a group.  Should any Councillor wish to amend or debate any of these items they should do so at this stage with the remainder of the items being moved and seconded.

 

 

 

ITEM 7 - CONFIRMATION OF THE MINUTES

REPORT IN BRIEF

 

Reason For Report

Adoption of the Minutes

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  July 23 2019 Ordinary Council Meeting Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2019 - 1021248

 

 

Recommendation

 

THAT the minutes of the Ordinary meeting held 23 July 2019 be adopted.

 

General Manager REPORT

 

The following minutes are attached for endorsement:

 

1.   Minutes of the Ordinary Council meeting held on 23 July 2019.

 

ITEM 8 - COUNCIL UNION PICNIC DAY

REPORT IN BRIEF

 

Reason For Report

Seeking Council's approval to conduct the annual Union Picnic Day.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.6.a. Performance measures are in place

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PERSONNEL\ARRANGEMENTS\PICNIC DAY - 1033874

 

 

Recommendation

 

THAT Council:

 

1.    Approve the annual Union Picnic Day to be held on Friday 11 October 2019.

2.    Authorise the attendance of all councillors at the Union Picnic Day.

3.    Note the cost of $52 for attending the Union Picnic Day to be paid to the Union Picnic Committee from the Councillor Expense Account.

 

General Manager REPORT

 

Council has received a request from the Cabonne Union Picnic Committee, seeking Council’s consent to hold the annual picnic day on Friday 11 October 2019.

 

Council has always supported the conduct of the union picnic day for all staff members, and a continuation of this practice is supported.

 

The usual practice for the conduct of the picnic is to make the picnic available for all staff who purchase a picnic ticket and attend on the day.  Staff who do not participate in the picnic day have the option to take annual leave or a rostered day off, as appropriate.

 

This year’s picnic will be held in Canowindra. The day will consist of golf, bowls and lunch. The cost of attending the picnic day is $52 which covers the cost of activities, lunch and refreshments.

 

Councillors are welcome to attend and should notify the General Manager if they wish to do so.

 

 

ITEM 9 - POLICY REVIEW - CODE OF CONDUCT & GIFT AND BENEFIT POLICY

REPORT IN BRIEF

 

Reason For Report

For Council supercede the Gifts and Benefits Policy

Policy Implications

Yes this policy will be superceded by the newly adopted Model Code of Conduct.

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Code of Conduct Policy

2.  Gift and Benefit Policy    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 1025011

 

 

Recommendation

 

THAT Council supercede the Gift and Benefit Policy that has now been included in the previously adopted Code of Conduct Policy.

 

Administration Manager's REPORT

 

At its February 2019 Council meeting, Council resolved:

 

“THAT Council adopt the draft Code of Conduct Policy.”

 

The adopted Code of Conduct Policy includes a section on Personal Benefit. This section includes all relevant information from Council’s current Gift and Benefit Policy.

 

It is recommended that Council resolves to supersede Council’s Gift and Benefit Policy and refer to the updated Code of Conduct Policy as the source of information on this topic.

 

Both policies are attached for Council’s reference.

 

 

ITEM 10 - GOVERNMENT INFORMATION PUBLIC ACCESS ACT 2009 (GIPA) AGENCY INFORMATION GUIDE - ANNUAL REVIEW

REPORT IN BRIEF

 

Reason For Report

For Council to consider its 2019/2020 Agency Information Guide

Policy Implications

"Access to Information held by Council" policy requirement

Budget Implications

Nil

IPR Linkage

4.5.2.d - Provide effective communications and information systems

Annexures

1.  Agency information Guide - 2019-2020    

File Number

\OFFICIAL RECORDS LIBRARY\INFORMATION MANAGEMENT\RIGHT TO INFORMATION\GOVERNMENT INFORMATION - PUBLIC ACCESS - ACT - GIPA - 1022627

 

 

Recommendation

 

THAT Council adopt the annexed draft 2019/20 Agency Information Guide.

 

Administration Officer's REPORT

 

Background

Since 2010 Council has adopted an Agency Information Guide (AIG), previously known as a “publication guide”.

 

What is an Agency Information Guide?

An “agency information guide” is a guide (s20) of the Government Information Public Access Act 2009 (GIPA) that:

 

a)      describes the structure and functions of the Council, and

b)      describes the ways in which the functions (including, in particular, the decision-making functions) of the Council affect members of the public, and

c)      specifies any arrangements that exist to enable members of the public to participate in the formulation of the Council’s policy and the exercise of the Council’s functions, and

d)      identifies the various kinds of government information held by the Council, and

e)      identifies the kinds of government information held by the Council that the Council makes (or will make) publicly available, and

f)       specifies the manner in which the Council makes (or will make) government information publicly available, and

g)      identifies the kinds of information that are (or will be) made publicly available free of charge and those kinds for which a charge is (or will be) imposed.

Council must make government information publicly available as provided by its AIG: this is done via Council’s website.

 

Councils are required to notify the Information Commissioner before adopting or amending an AIG. The draft AIG was provided to the information Commissioner and has been acknowledged by her.  Council is now allowed to adopt the draft AIG as any comments the Commissioner might wish to make can be incorporated into the next review of the AIG and published at a later date.

Council is also required under the GIPA Act (s7 (3)) to identify information to be made available by proactive release. This is detailed in the AIG under the Access to Information: Mandatory Proactive Release – Open Access Information section.  

 

A copy of Council’s draft Agency Information Guide 2019/2020 is annexed. 

 

 

ITEM 11 - AUDIT, RISK AND IMPROVEMENT COMMITTEE

REPORT IN BRIEF

 

Reason For Report

To update Councillors on changes to the previous Governance, Risk Management and Business Improvement Committee and to have the previous minutes adopted.

Policy Implications

Nil  

Budget Implications

Nil  

IPR Linkage

4.5.5.e - Integrate risk management into all areas of Council's activities

Annexures

1.  GRMBI Minutes 1 August 2019    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\AUDIT\GOVERNANCE RISK MANAGEMENT AND BUSINESS IMPROVEMENT COMMITTEE - 1031665

 

 

Recommendation

 

THAT Council: 

1.  note that the Governance, Risk Management and Business Improvement Committee will now be known as the Audit, Risk and Improvement Committee, and

2.  adopt the minutes of the meeting held on 1 August 2019.

 

Director of Finance and Corporate Services' REPORT

 

The most recent meeting of the Governance, Risk Management and Business Improvement Committee meeting was held on 1 August 2019.

 

The meeting went well and with, amongst other items, progress relating to the 2018 Statecover WHS Action Plan and the tasks arising from the Interim Audit Letter being endorsed. The committee also endorsed the proposal for an internal audit plan to be developed which includes cyber security, procurement and swimming pools.

 

The next meeting will be held late November depending on the availability of the General Manager.

 

The minutes of the meeting are attached for the information and adoption of Councillors.

 

The General Manager has suggested that the committee be renamed as the Audit, Risk and Improvement Committee (ARIC).

 

The new name focuses on the direction and the outcomes that the committee wishes to achieve and it is suggested that it is a more appropriate name to align with the legislation of running this committee.

 

ITEM 12 - DRAFT CORPORATE CREDIT CARD POLICY

REPORT IN BRIEF

 

Reason For Report

Endorsement of new Corporate Credit Card Policy.

Policy Implications

Potential introduction of new policy

Budget Implications

Nil

IPR Linkage

4.5.5.c - Comply with internal audit requirements

Annexures

1.  Draft - Corporate Credit Card Policy    

File Number

\OFFICIAL RECORDS LIBRARY\INFORMATION TECHNOLOGY\IMPLEMENTATION\IT POLICY LITE - 1032876

 

 

Recommendation

 

THAT Council adopt the draft Corporate Credit Card Policy annexed to this report.

 

Director of Finance and Corporate Services' REPORT

 

As a result of recommendations from the 2019 Audit Office of New South Wales’ Interim Management letter, Council has developed a draft Corporate Credit Card Policy.

 

The Corporate Credit Card Policy will ensure that the control and allocation of Council’s corporate credit cards provided to staff and the mayor are monitored and authorised in an efficient manner.

 

The policy aims to provide a clear framework and guidelines to its holders, and to reduce the risk of fraud and misuse of the credit cards.

 

In summary the policy seeks to:

 

·    ensure usage of the credit cards is for council business use only

·    ensure the credit cards do not have a cash advance facility

·    ensure the eligibility of credit cards is approved by the General Manager

·    ensure the card holders adhere to monthly reconciliations of the statement using the required template

·    establish procedures for lost, stolen or damaged credit cards

·    ensure that all credit card holders are aware of their responsibilities and sign the Corporate Credit Cardholder agreement.

 

Adoption of this policy will ensure compliance with Audit Office NSW requirements, promote the better use of credit cards and protect council from the risk of fraud.

 

ITEM 13 - ANNUAL FINANCIAL STATEMENTS

REPORT IN BRIEF

 

Reason For Report

To seek authorisation for the signing of the Councillor Statements for the General Purpose and Special Purpose Financial Statements.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Annual Financial Statements    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\2016-2017 ANNUAL FINANCIAL STATEMENTS - 1031509

 

 

Recommendation

 

THAT:

1.   The Mayor, Deputy Mayor, General Manager and Director of Finance & Corporate Services sign the Statement by councillors and management pursuant to section 413(2) of the Local Government Act for both the General Purpose and Special Purpose Financial Statements.

 

2.   Council refer the General-Purpose Financial Statements and Special Purpose Financial Statements to the Audit Office NSW for audit.

 

Finance Manager's REPORT

 

Under Section 413 of the Local Government Act 1993, Council must prepare financial reports for each year and must refer them for audit as soon as practicable after the end of that year. Section 416(1) sets a maximum time limit of 4 months after the end of the year for the audit to be conducted. 

 

The Auditor Office NSW will undertake their preliminary audit of Cabonne Council’s accounts for the year ended 30 June 2019 during week of 2 September 2019. Attached is the preliminary result for Council showing a Net Operating result of $15.075 million. This figure may change as a result of the audit. Once the audit is finalised, a full and comprehensive report will be presented to Council by the auditor and Council will have the opportunity to question any element of the audit process.  

 

As per section 413 (2) of the NSW Local Government Act 1993, a Council’s financial reports must include:

 

a)   A general-purpose financial report;

b)   Any other matter prescribed by the regulations;

c)   A statement in the approved form by the Council as to its opinion on the general-purpose financial report.

 

The signing of the Statement by councillors and management on the approved form, for both the General Purpose and Special Purpose Financial Statements must be completed to enable the audit report to be finalised. This form is required to be signed by the Mayor, at least one other councillor, the General Manager, and the Responsible Accounting Officer. Historically the Deputy Mayor has signed as the second member of Council.

 

 

ITEM 14 - WRITE OFF RATES OUTSTANDING FOR PARCELS OF LAND TRANSFERRED TO CABONNE COUNCIL

REPORT IN BRIEF

 

Reason For Report

To write off the rates outstanding for parcles of land transferred to Cabonne Council

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.a - Levying of Council Rates and Charges in accordance with the Local Government Act

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\RATES AND VALUATIONS\RATE PAYMENTS\OVERDUE RATES - 1033488

 

 

Recommendation

 

THAT Council write off rates and interest outstanding on Assessment 89128 and Assessment 89226 being $21,535.74 that have been transferred into Cabonne Council’s ownership.

 

Finance Manager's REPORT

 

Council will recall the transferring of the Canowindra Retirement Units parcels of land to Cabonne Council’s ownership.

 

A loan of $100,000 was given by council to the Canowindra Retirement Unit Association to purchase the land for units to be built. The land parcels have now been transferred into Cabonne Council’s ownership, and the loan has been written off in lieu of transferring the land.

 

However, the rates and interest outstanding on the 2 parcels is $21,535.74. The Canowindra Retirement Unit Association have not paid rates on these 2 parcels of land due to having insufficient funds.

 

It is recommended that this debt be written off using the Doubtful Debts provision.

 

 

ITEM 15 - MEMBERSHIP OF ORANGE 360 REGIONAL TOURISM ORGANISATION

REPORT IN BRIEF

 

Reason For Report

For Council to determine whether it wishes to renew its membership of Orange 360 Regional Tourism Organisation for the 2019-20 financial year

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

2.2.1.b - Review Council's participation in the Orange Regional Tourism Organisation

Annexures

1.  Orange 360 abridged annual report 6 aug 2019

2.  Orange 360 financial statements 6 aug 2019    

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 1030647

 

 

Recommendation

 

THAT Council renew its membership of Orange 360 for the 2019-20 financial year.

 

Community Engagement and Development Manager's REPORT

 

At an Extraordinary Meeting on 8 May 2017, Council resolved to commit $64,141.60 from its Reserve Funds to join Orange and Blayney Councils to become a member of Orange Region Tourism Ltd for 2017-18, which was later rebranded as Orange 360.

 

Council also resolved that a review be undertaken before the end of that term to determine Council’s commitment for 2018-19 and 2019-20. In June 2018, Council resolved to commit $64,161.40 to be a member of Orange 360 for 2018-19.

 

Council now must consider whether to renew its membership of Orange 360 for 2019-20. Should Council resolve to do so, Cabonne’s membership fee for 2019-20 would be $64,142 plus GST.

 

An amount of $66,170 has been included in Council’s 2019-20 Budget to meet this cost.

 

In an abridged annual report (attached as an annexure), Orange 360 lists increased membership, the introduction of the Orange Winter Fire Festival, the introduction of a new out-of-region promotional event at Pyrmont in Sydney, the development of the brand for the Chinese market and increased data capture as some of its achievements during 2018-19.

 

Projects planned for 2019-20 include an Orange region bicycle network, the production of digital maps and a new village’s booklet.

 

Key strategies include:

a.   Implementing bicycle tourism infrastructure;

b.   Supporting locals to develop tourism business opportunities that capitalise on the cycling infrastructure;

c.   Promoting the region as a bicycle tourism centre; and

d.   Encouraging support for the cycling project through community engagement, education and workshops.

(A copy of the detailed Annual Report is available for Councillors to view, but is too large to attach to this report.)

 

Orange 360 has also provided Income and Expenditure Statements for the period 1 July 2017-31 December 2018 (attached as an annexure).

 

An audit for 2018-19 is underway and the auditor will be briefed in August. The full audited financial statements will be distributed in late September once they have been taken to the Orange 360 Board.

 

Key items of expenditure during the 1 July 2017-31 December 2018 period included:

1.   Allocation of staff time on marketing promotions $122,000;

2.   Tourism packages/marketing campaigns $101,300;

3.   Regional events support $96,000;

4.   Out of region promotional events $91,000;

5.   Australian Tourism Data Warehouse information $64,000;

6.   Branding strategy $53,000;

7.   Website development $47,700;

8.   Membership recruitments and forums $37,000;

9.   Media and journalist familiarisations $32,200;

10. Rent $23,500;

11. Staff recruitment $20,000.

 

 

ITEM 16 - STRONGER COUNTRY COMMUNITIES FUND - ROUND THREE

REPORT IN BRIEF

 

Reason For Report

For Council to prioritise projects for submission to round three of the NSW Government's Stronger Country Communities Fund

Policy Implications

Nil

Budget Implications

$809,274 in funding for the Cabonne LGA from round three of the Stronger Country Communities Fund

IPR Linkage

3.3.5.a Review community need for new and upgraded facilities

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\STRONGER COUNTRY COMMUNITIES FUND - ROUND 3 - 1033389

 

 

Recommendation

 

THAT Council:

 

Submit the following applications for funding under round three of the Stronger Country Communities Fund

 

a.   Lighting upgrade at Dr Andrew Ross Memorial Recreation Ground ‘The Rec’, Molong

b.   Lighting upgrade at Tom Clyburn Oval, Canowindra

 

 

Community Engagement and Development Manager's REPORT

 

BACKGROUND

 

As per the two previous rounds of the Stronger Country Communities Fund, each NSW LGA has been assigned an available amount of funding for their area. In the current funding round, the Cabonne LGA has been allocated $809,274 half of which must be dedicated to youth projects and/or youth-based infrastructure.

 

Unlike previous rounds, where Councils were the only eligible applicants, this round has been opened to accept applications from not-for-profit groups and other public purpose organisations as well. In light of this change, it would be considered appropriate to keep projects nominated by Council to a smaller number for up to approximately half the allocation value, so as to allow ample opportunity for success to Cabonne community groups applying directly.

 

FUNDING CRITERIA

 

Under the guidelines, projects must seek funding of $50,000 or more. While organisations are not required provide a matching contribution, co-contributions are likely to enhance the potential of applications being successful.

 

The objectives of this round of funding are:

 

1.   To boost the liveability of communities in regional areas by providing new or upgraded social and sporting infrastructure or community programs that have strong local support

 

2.   To provide programs and infrastructure that enhance opportunities for young people to be work ready and thrive in regional NSW

 

Projects must be “shovel ready” and priority will be given to those projects that demonstrate they will be finished on time within the budget.

 

Councils and community groups must demonstrate they have consulted with their local communities and have the support of their community.

 

Proposals need to align with State Government priorities and programs, as well as council’s Community Strategic Plans, and must have strong community and stakeholder support.

 

Proposals must also address the issue of ongoing maintenance and associated costs to ensure they are not a burden on the community in the future.

 

COUNCIL PROJECTS PROPOSED FOR FUNDING

 

At the recent Council workshop, it was agreed that nominations should be sourced from either:

 

1.   Projects already identified as priorities through the budget process

 

2.   Projects previously nominated to Council, but not as yet successful in securing funding

 

The projects which have been nominated to date, and meet the above criteria include:

 

Project 1:                     Lighting Upgrade at Dr Andrew Ross Memorial Recreation Ground ‘The Rec’, Molong

 

Total cost:                   $377,200

Funding Sought:        $200,000

 

This project has been nominated in the My Community Project fund and it was agreed that Council would support the application (if successful) by way of a financial co-contribution.

This project has been publicly consulted a number of times by the Molong Advancement Group and recently through the My Community Project public voting process.

Project 2:                     Lighting Upgrade at Tom Clyburn Oval, Canowindra

 

Total cost:                    $377,200

Funding Sought:        $200,000

 

This project was also nominated in the My Community Project fund with the same agreement for co-contribution and has undergone the same public consultation process.

 

Both of these projects would be eligible to meet the youth-related infrastructure objective of the funding program.

 

Other projects may still come forward, however they will need to be to the stage of readiness required for submission to this round of funding.

 

ITEM 17 - EVENTS ASSISTANCE PROGRAM

REPORT IN BRIEF

 

Reason For Report

For Council to consider applications for funding under the 2019/2020 Events Assistance Program

Policy Implications

Nil

Budget Implications

$7,500 to to be funded from the 2019 - 2020 Events Assistance Program

IPR Linkage

4.4.1.c - Provide assistance to community groups

Annexures

1.  Central West Disc Golf - Events Assistance Program Application Form

2.  Orange Regional Vignerons Association - Events Assistance Program Application

3.  Molong Advancement Group Inc - Event Assistance Program - 2019    

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\EVENTS ASSISTANCE PROGRAM 2019 - 2020 - 1031828

 

 

Recommendation

 

THAT Council approve:

 

1.   Funding of $500 under the 2019-2020 Events Assistance Program to Central West Disc Golf for NSW Disc Golf Championship event,

2.   Funding of $5,000 under the 2019-20 Events Assistance Program to Orange Regional Vignerons Assoc. for  2019 Orange Wine Festival, and

3.   Funding of $2,000 to the Molong Advancement Group for the ‘PINK Up’ Molong

 

 

Community Engagement and Development Manager's REPORT

 

Council has received three applications under the 2019/2020 Events Assistance Program (EAP).

 

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

 

Application 1

 

Organisation:                     Central West Disc Golf

Event:                                   NSW Open Disc Golf Championship 2019

Date:                                     4 - 6 October 2019 (3 Day event)

Requested Amount:          $500

 

Reason for Funding:        Contribution towards marketing and promoting the event. To assist in developing this sport in Molong and throughout NSW.

 

 

 

Event Description:

 

The NSW Open is the peak Disc Golf event held in NSW during 2019 and the Central West Disc Golf club has been granted the hosting rights for this event to be held in Molong.

 

The event will be held over the October long weekend and plans to participate under the theme of PINK to support the Molong ‘Pink Up Markets’ and the week long PINK activities organised by Molong Advancement Group to support Breast Cancer Awareness.

 

The Players will be travelling from interstate and staying in and around Molong and boosting the local economy. To date players are registered from Victoria, South Australia, Western Australia, Queensland, ACT and throughout NSW.

 

The event organisers are planning for 70 competitors plus supporting families. Disc Golf is reported to be a highly skilled sport that attracts strong spectator interest.

 

The Central West Disc Golf intend to market the event widely through a range of media channels. They will:

 

·    Place Council’s logo on all promotional material.

·    Increase visitors to the region and the historic town of Molong

·    Increase visitor spend in the region.

·    Raise awareness and enhance the region’s profile of Molong and increase Cabonne as a tourist destination  

 

Assessment

 

This is the first time the NSW Disc Golf Championship has been held.  The application meets the Event Assistance Program funding objectives of a developing event which is in the first year phase of development.

 

Recommend for a developing event in this category funding of up to $500.

 

 

Application 2

 

Organisation:                               Orange Regional Vignerons Association

Event:                                   2019 Orange Wine Festival

Date:                                     18 -27 October 2019

Requested Amount:          $5,000

Reason for Funding:        Contribution towards marketing and promoting the event.

 

 

Event Description:

 

2019 Orange Wine Festival is one of four major events in the region that showcase the region’s renowned food and wine and attracts strong visitor numbers and interest in the area.

 

The Orange Wine Festival has been held annually since 2005. In its current format the event is held over 10 days with over 80 events and activities that highlight the region’s wines through various wine shows, tastings, educational workshops, cellar doors, restaurants and various celebrations with local produce and talent.

 

Cabonne Council has approximately 80% of the district’s wine growers, cellar doors and vineyards located in the shire. Reports state that the area now boasts 70 vineyards with 40 cellar doors operating in the region. Of these cellar doors 25 are located in Cabonne shire.

 

The Orange Wine Festival is the only major consumer and industry specific wine event in the Orange region that showcase cool climate wines.

 

Orange Wine Festival helps to build awareness of our region, it attracts numerous new visitors and builds community pride in our assets and attractions in the area.

 

From the participating businesses in 2018 they stated that sales were up by 33.33% and 70% accommodation occupancy and 46.67% of cellar door customers where from outside the region.

 

Cabonne Council will receive the following in recognition, benefits and opportunities for supporting and participating in this significant event.

 

·    Council logo placed on the Orange Wine Festival Program with 10,000 hard copies printed and 2,700 downloaded.

·    Increased visitors to the region

·    Increased spend from visitors to the region

·    Raised awareness and enhance the Cabonne profile of our producers and vignerons that will build on previous marketing campaigns like Discover the Riches villages campaign

 

Assessment

 

The submitted application meets the grant criteria of the Events Assistance Program as a flagship annual event that attracts visitors to Cabonne and the Orange region and that make a significant contribution to the economy.

 

Council allocated $2,000 to the Orange Wine Festival in 2018 and $5,000 in 2017 and 2016. In all, Council has provided $24,500 to the event over the past seven years. It is recommended funding of $5000 be allocated to this event.

 

 

Application 3

 

Organisation:                     Molong Advancement Group

Event:                                   ‘PINK UP’ Molong

Date:                                     1 - 7 October 2019

Requested Amount:          $3,000

Reason for Funding:        Contribution towards marketing and the purchase of PINK promotional material

 

 

Event Description:

 

Molong Advancement Group have registered with the McGrath Foundation to raise funds to provide more Breast Care Nurses. All Molong business houses have been invited to participate in ‘PINK UP’ Molong to decorate their shop fronts and add pink wherever possible to support the theme.

 

The Molong Markets are held on 7 October and will go PINK along with the Central West Disc Golf who taking part in the PINK theme.

 

Molong Advancement Group aim to attract increased visitation to the town, raise awareness of Molong as an attractive destination and increase patronage to the local businesses. Based on previous Molong Markets MAG expects to attract between 5,000 to 7,000 people and mostly from out of town visitors. Currently there are around 120 stall holders registered for the markets.

 

Assessment

 

As this is a ‘one off’ inaugural PINK event for Cabonne that is partnered to support the McGrath Foundation, which is a very worthy community health cause.

 

Recommend that $2,000 be considered to support this event and assist with the creation of the Molong approach to the McGrath Foundation PINK theme and increase awareness of Breast Cancer in the community.

 

 

Events Assistance Program Expenditure

 

2019 - 2020 Funding Allocation                                              $53,803

 

 

23 July        Canowindra Baroquefest                                    $2000.00

23 July         Melbourne Cup Visits Yeoval                              $2000.00

23 July        Canobolas Endurance Riders                               $1000.00

23 July        The Canowindra Phoenix Christmas in July      $  500.00

 

 

 

Total Expenditure                                                                 $ 5,500

 

 

Funds Remaining                                                                        $48,303

 

 

ITEM 18 - RE-ESTABLISHMENT OF ALCOHOL FREE ZONES

REPORT IN BRIEF

 

Reason For Report

To obtain council approval to re-establish various alcohol free zones at Molong and Canowindra and to vary council's policy etc

Policy Implications

Amend existing policy to permit outdoor dining licensed areas

Budget Implications

Cost of removing previous signage and installing new signage at Molong and Canowindra

IPR Linkage

4.5.1.c - Provide appropriate mechanisms for democracy and participation for Cabonne residents

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\LAWS AND ENFORCEMENT\LICENSING\LIQUOR - 2018 - 2022 - 1024041

 

 

Recommendation

 

THAT council:

1.   In accordance with s644B of the Local Government Act 1993, and the Ministerial Guidelines, re-establish alcohol free zones and alcohol prohibited zones as outlined in the report, for a maximum period of four (4) years effective from 9 September 2019, and

2.   Amend the ‘Alcohol Control in Public Places Policy’ to include in clause 11 when referencing Alcohol Free Zones, the statement that ‘Implementation of these zones would not prevent the consumption of alcohol in any footpath dining areas that have a liquor licence covering the footpath dining areas’.

 

Director of Environmental Services' REPORT

 

Council at its meeting of 28 May 2019 resolved to place on public exhibition a proposal to re-establish alcohol free zones and alcohol prohibited zones previously established at Molong and Canowindra, and to amend its local policy to permit consumption of alcohol as part of outdoor dining areas where a proprietor holds the appropriate liquor licence.

 

The proposal was placed upon public exhibition from 18 June 2019 to 19 July 2019. By the close of the exhibition phase no submissions had been received. Council may now consider the adoption of the specified zones for a maximum period of four (4) years as permitted by the relevant legislation, and the amendment to its local policy.

 

 

 

 

 

 

 

 

 

Molong and Canowindra alcohol free zones and alcohol prohibited zones.

 

8642627

 

Molong – Alcohol Free Zone

 

 

9950157

 

Canowindra - Alcohol Free Zone

 

8914888

 

Canowindra – Swinging bridge area

Alcohol Free Zone

 

 

 

1706028

 

Memorial Park, Canowindra – Alcohol Prohibited Area

 

5803282

 

Morris Park, Canowindra – Alcohol Prohibited Area

 

 

6710957

 

Molong Village Green – Alcohol Prohibited Zone

 

 

 

3579512

 

Molong Railway Station area – carpark

Alcohol Prohibited Zone

 

 

 

 

ITEM 19 - ENFORECEMENT POLICY

REPORT IN BRIEF

 

Reason For Report

For council's adoption of draft policy

Policy Implications

New policy

Budget Implications

Nil

IPR Linkage

4.5.1.c - Provide appropriate mechanisms for democracy and participation for Cabonne residents

Annexures

1.  Draft Enforcement Policy 2019    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 1024066

 

 

Recommendation

 

THAT council adopt the draft Enforcement and Compliance Policy and the guidelines as established by Ombudsman’s Model Compliance and Enforcement Policy (2015).

 

Director of Environmental Services' REPORT

 

Council at its meeting held on 30 April 2019 resolved as follows:

 

‘THAT Council endorse the draft Enforcement and Compliance Policy and place on public exhibition for a period of not less than 42 days, inviting submissions from the public, after which time the policy shall be reported back to Council for adoption with a summary of submissions received.’

 

The draft policy was placed upon public exhibition for a period of 42 days. By the close of the exhibition no submissions had been received. Council may proceed to consider adopting the policy.

 

As stated in the April 2019 report to council, ‘the purpose of the policy is to guide council officers responsible for investigating unlawful activity and provides the framework to ensure the service provided is accountable and transparent, consistent, proportional and timely and to assist the community in understanding its role and the role of council in relation to compliance and enforcement activities.

The intent of this policy is to establish clear guidelines and protocols for council staff in the management of council compliance responses and actions. It provides workable guidelines on:

 

·    responding to reports alleging unlawful activity;

·    assessing whether reports alleging unlawful activity require investigation;

·    deciding on whether enforcement action is warranted;

·    options for dealing with confirmed cases of unlawful activity;

·    taking legal action;

·    implementing shared enforcement responsibilities.

 

Council’s objectives when dealing with reports alleging unlawful activity are to:

 

·    maintain the collective good and welfare of the community;

·    prevent or minimise harm to health, welfare, safety, property or the environment;

·    consider the broader public interest having regard to Council’s priorities;

·    consider the report fairly and impartially;

·    fulfil Council’s Legislative responsibilities.

 

The policy also provides advice and guidance on the role of councillors in compliance and enforcement. The policy will be supported by guidelines to ensure that staff have the tools to provide consistent, effective and efficient customer service.’

 

 

 

 

ITEM 20 - REQUEST FOR DONATION EQUIVALENT TO DEVELOPMENT APPLICATION FEES PAID BY EUGOWRA PROMOTION AND PROGRESS ASSOCIATION

REPORT IN BRIEF

 

Reason For Report

To obtain council approval for a donation of xxx

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.c - Provide appropriate mechanisms for democracy and participation for Cabonne residents

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2019\03-2019-0111 - 1024953

 

 

Recommendation

 

THAT Council donate from its s356 budget to the Eugowra Promotion and Progress Association:

donate

1.  $831.66, being the development application, construction certificate, inspection and occupation certificate fees (excluding GST) paid to council in relation to DA 2019/0111 for alterations and additions to the Eugowra museum located upon council owned land known as Lot 283 DP 1192242, 15 Pye Street, Eugowra,

2.  $658.18, being the development application, construction certificate, inspection and occupation certificate fees (less GST) paid to council in relation to DA 2019/140 for construction of a billboard and mural upon privately owned land known as Lot 2 DP 10272, Broad Street, Eugowra, and

3.  $658.18, being the development application, construction certificate, inspection and occupation certificate fees (less GST) paid to council in relation to DA 2019/161 for construction of two billboards and mural upon council maintained land known as Apex Park, being Lot 1 DP 314764, Grevillea Street, Eugowra

 

Director of Environmental Services' REPORT

 

Council has received a request from Eugowra Promotion and Progress Association requesting council’s consideration of fees paid in association with DA 2019/0111 for additions and alterations to the Eugowra Museum, DA 2019/140 for a mural, and DA 2019/161 for murals at Eugowra.

 

The fees paid (including GST) totalled $2,284.50 and consisted of the following:-

 

DA 2019/011

Alterations and additions to Eugowra Museum building

Development application fee                         $233.00

Construction Certificate                                 $160.50

Inspections                                                       $300.00

Occupation Certificate                                    $200.00

Total                                                                   $893.50 (includes GST $61.84)

 

DA 2019/161

Construction of a billboard and painting of a mural

Development application fee                         $285.00

Construction Certificate                                 $  60.50

Inspections                                                       $150.00

Occupation Certificate                                    $200.00

Total                                                                   $695.50 (includes GST $37.32)

 

DA 2019/140

Development application fee                         $285.00

Construction Certificate                                 $  60.50

Inspections                                                       $150.00

Occupation Certificate                                    $200.00

Total                                                                   $695.50 (includes GST $37.32)

 

Under Council’s policy, fees for inspections and occupation certificates are not eligible for donation under delegation and requires approval from Council.

 

The Development Applications were approved on 21 March 2019. Council’s Donations policy (dated 17 December 2012) includes the following procedural statements:

 

1.      Development Application (DA) fees

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

 

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

 

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

 

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

 

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

 

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

 

ITEM 21 - REQUEST FOR DONATION - FEES PAID ASSOCIATED WITH  DEVELOPMENT APPLICATION 2017/094

REPORT IN BRIEF

 

Reason For Report

To obtain council approval for donation to Ophir Reserve land management, equivalent to amount paid in DA fees

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a - Assess and determine planning and development applications to foster community growth within the shire

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2017\03-2017-0094 - 1033126

 

 

Recommendation

 

THAT Council donate from its s356 budget to the Ophir Reserve Trust $756.24, being the development application, construction certificate, inspection and occupation certificate fees (excluding GST) paid to council in relation to DA 2017/094 for installation of bbqs, footpath and interpretation panels incorporated into existing picnic shelter structure located at the Ophir Reserve being Lot 7002 DP 1020644, Ophir Road, Ophir.

 

Director of Environmental Services' REPORT

 

Council has received a request from the deputy chairman of the Ophir Trust requesting council’s consideration of fees paid in association with DA 2017/094 for installation of bbqs, footpath and interpretation panels incorporated into existing picnic shelter structure located at the Ophir Reserve being Lot 7002 DP 1020644, Ophir Road, Ophir.

 

The fees paid (including GST) totalled $941.70 and consisted of the following:-

 

Development application fee                         $271.40

Construction Certificate                                 $205.30

Inspections                                                       $280.00

Occupation Certificate                                    $  50.00

Total                                                                   $806.70 (includes GST $50.46)

 

In addition a fee of $135 being the State government Long Service Levy was paid, and application would need to be separately made to the State for refund of the Levy.

 

Under Council’s policy, fees for inspections and occupation certificates are not eligible for donation under delegation and requires approval from Council.

 

The Development Application was approved on 3 March 2017. Council’s Donations policy (dated 17 December 2012) includes the following procedural statements:

 

1.      Development Application (DA) fees

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

 

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

 

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

 

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

 

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

 

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

 

ITEM 22 - 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 - 1021249

 

 

Recommendation

 

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

 

General Manager 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 23 - 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 - 1021250

 

 

Recommendation

 

THAT:

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

2.   The balance of the items be noted.

 

General Manager 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 24 - 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 - 1021251

 

 

Recommendation

 

THAT Councillors call any matters of urgency.

 

General Manager 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 25 - 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 - 1021253

 

 

Recommendation

 

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

 

General Manager 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 7 Ordinary Meeting 27 August 2019

Item 7 - Annexure 1

 

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Item 9 Ordinary Meeting 27 August 2019

Item 9 - Annexure 1

 

Code of Conduct Policy

1.  Document Information

Version Date
(Draft or Council Meeting date)

26 February 2019

Author

Administration Manager

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

Minute number
(once adopted by Council)

19/02/12

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

19/02/12

Changes made to reflect December 2018 update to the Model Code of Conduct for Local Councils in NSW. Detailed changed found at Doc ID 992937.

26 February 2019

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 9 Ordinary Meeting 27 August 2019

Item 9 - Annexure 2

 

Gifts and Benefits Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[22 May 2018]

Author

Administration Manager

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 election

Minute number
(once adopted by Council)

18/05/20

2 Summary

This policy sets out Council’s requirements and the conduct expected of all Councillors, employees, contractors, volunteers, Committee members (commonly referred to as Council Officers) in relation to gifts and benefits.

It also makes clear Council’s actions to provide transparency in relation to disclosure of offers and acceptance of gifts and benefits by Council Officers.

3 Approvals

Title

Date Approved

Signature

General Manager

 

 

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

17/05/13

First adopted as a stand-alone policy

23 May 2017

18/05/20

Readopted as per s165(4)

22 May 2018


 

5 Reason

Whilst the Code of Conduct includes reference to gifts and benefits (Part 5 Personal Benefit), it is intended that this policy on gifts and benefits will also specifically communicate expected behaviour and transparency measures in relation to same.

6 Scope

This policy applies to Councillors, employees, contractors, volunteers, Committee members and other delegates (commonly referred to in this policy and procedure as Council Officers). 

The policy applies to the offer of gifts and benefits to individual Council Officers and to Council services.

This policy does not apply to political donations (covered in the Code of Conduct) nor the private giving of gifts between staff.

 

7 Associated Legislation

Local Government (General) Regulation 2005

 

8 Definitions

 

Benefit                                         A non-tangible item of value that one person or organisation confers on another.

Bribe                                            A gift or benefit offered to or solicited by a Council official to influence that person to act in a particular way.

Council Officer                            Includes all Councillors, employees, contractors, volunteers, Committee members and other Council delegates.

Corruption                                   The abuse of public office for private or personal advantage.

Gift                                              An item of value which one person or organisation presents to another.

Gift Register                                An official record that details gifts and benefits received by Council Officers and how they are managed.

Pecuniary interests return          A return completed by councillors and designated staff as required by s449 of the Local government Act 1993 which includes disclosure, inter alia, of gifts as required under cl184 of the Local Government (General) Regulation 2005.

Token Value                                The value amount of goods or services deemed to not be significant and therefore does not require mandatory declaration (for the purpose of this policy - less than $25).

 

 

9 Responsibilities

9.1 General Manager

The General Manager is responsible for the overall control and implementation of the policy.  Additionally, the General Manager is required to determine recommendations made by the Administration Manager relating to disposal of gifts and benefits that could not be refused or returned.

9.2 Directors and Managers

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

 

The Administration Manager is to ensure the Gift and Benefit Register is regularly updated and to make a disposal/usage recommendation to the General Manager when accepted gifts can not be returned.

9.3 Supervisors

Supervisors have a responsibility to be aware of the Gift and Benefit policy and the declaration procedure.

9.4 Council Officers

All Council officers (including Councillors, members of staff, delegates etc.) have a responsibility to disclose instances of being offered or receiving gifts and benefits in accordance with this policy and associated procedures.

 

They must comply at all times with this policy and Council's Code of Conduct.

9.1 Contractors, suppliers and ratepayers

People doing business with Council should understand that they do not need to give gifts or benefits to Council Officers to get high quality service or to be awarded work.

10 Related Documents

Document Name

Document Location

Code of conduct

Policy database

Gift and benefit declaration - Procedure - 2017

Council’s EDRMS Doc ID 829159

Fact Sheet No 7 - Gifts and Benefits - published by the NSW Ombudsman's Office for Public Sector Agencies, March 2004.

Available on the website www.ombo.nsw.gov.au

Managing gifts and benefits

Auditor-General's Report to Parliament 27 March 2013

Available on the website http://www.audit.nsw.gov.au/news/managing-gifts-and-benefits

 


 

11 Policy Statements

1.           Council Officers must not solicit gifts/benefits, nor accept gifts/benefits of more than token value (i.e. being valued at $25 or more).

2.           Acceptance of gifts of gratitude or gifts of appreciation of token value is generally permitted and it is optional whether to declare same.

3.           Under certain circumstances, it may not be possible to decline a gift or benefit of more than token value e.g. a gift from a visiting dignitary or delegation, or a meal consumed in the carrying out of official representative duties. 

4.           Any gift or benefit which could not reasonably be refused or returned is to be regarded as the property of the Council and must be surrendered to the Administration Manager who will follow the steps allowed in the procedure and make a recommendation to the General Manager on disposal or use of same.  The outcome will be included in the Gift and Benefit register. 

5.           All offers of gifts and benefits of greater then token value must be declared, whether or not they are accepted. 

6.           If any gift, reward or benefit is offered (whether it is accepted or not) this must be disclosed using the attached Gifts and Benefits Declaration form or Council’s on-line declaration system. 

7.           Lucky door prizes must be declared.

8.           Many community groups invite the Mayor (or delegate) and partner to events held by the community organisation.  Such events include dinners and/or special events where the Mayor (or the Mayor’s delegate) is called upon to act in an official capacity.  It is considered that the Mayor (or delegate) is properly fulfilling a community expectation that the community’s elected leader (and partner) should be in attendance at these functions.  Participation in such events is not considered a gift and benefit.

9.           Council will maintain a Gifts and Benefits Register of all gifts/benefits offered to all Council Officers or services whether or not the gift or benefit is accepted.  This Register is available for public inspection and placed on Council’s website.

10.         Acceptance of any gift or benefit intended to influence the duty of a Council Officer is prohibited.  This is a bribe.

11.         Any Council Officer who is offered a bribe must refuse to accept the offer and immediately report the incident, which will be reported to the Independent Commission Against Corruption and the Police. 

12.         Accepting gifts of money or gift cards (or similar) is strictly prohibited in all circumstances.

13.         People doing business with Council should understand that they do not need to give gifts or benefits to Council Officers to get high quality service or be awarded work.

14.         Councillors and designated staff must also include a declaration of gifts in the annual pecuniary declaration return when gifts exceed $500, or if gifts totalling more than $500 are made by the same person during a period of 12 months or less.

15.         Non-compliance with this policy may result in disciplinary action for Council Officers.


 


Item 10 Ordinary Meeting 27 August 2019

Item 10 - Annexure 1

 

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Item 11 Ordinary Meeting 27 August 2019

Item 11 - Annexure 1

 

 

 

 

 

 

TABLE OF CONTENTS

 

ITEM - 1     APOLOGIES.. 1

ITEM - 2     DECLARATIONS OF INTEREST.. 1

ITEM - 3     CONFIRMATION OF THE MINUTES.. 1

ITEM - 4     STATECOVER 2018 WHS ACTION PLAN.. 1

ITEM - 5     RISK REGISTER.. 2

ITEM - 6     AUDIT TIMETABLE.. 2

ITEM - 7     INTERIM AUDIT LETTER.. 2

ITEM - 8     DIRECTED ENGAGEMENT BETWEEN SAFEWORK NSW AND CABONNE COUNCIL.. 3

ITEM - 9     AUDIT OFFICE NSW... 3

ITEM - 10  NEXT MEETING.. 3

 


Item 11 Ordinary Meeting 27 August 2019

Item 11 - Annexure 1

 

 

 

PRESENT:

 

Mr Phillip Burgett              Independent Member (Voting)

Ms Donna Rygate            Independent Member (Voting)

Clr Kevin Beatty                Mayor (Voting)

Mr Brad Byrnes                 General Manager (Non-Voting)

Mr Luke Taberner             DFCS (Non-Voting)

Ms Debra Hamilton          Risk Management Coordinator/Secretariat (Non-Voting)

 

 

 

 

ITEM - 1    APOLOGIES

 

Proceedings in Brief

An apology was tendered from Mr John O’Malley

 

Recommendation (Burgett/Rygate)

 

THAT the apology tendered on behalf of Mr John O’Malley be accepted and the necessary leave of absence be granted.

 

 

 

ITEM - 2    DECLARATIONS OF INTEREST

 

Proceedings in Brief

There were no Declarations of Interest.

 

Recommendation (Burgett/Rygate)

 

THAT NIL Declarations of Interest be noted.

 

 

 

ITEM - 3    CONFIRMATION OF THE MINUTES

 

Recommendation (Rygate/Burgett)

 

THAT the minutes of the meeting held on 21 February 2019 be adopted.

 

 

 

ITEM - 4    STATECOVER 2018 WHS ACTION PLAN

 

RecommendatioN (Rygate/Beatty)

 

THAT the committee receive and note the updated Statecover Action Plan and acknowledge the work completed by the Risk Management Coordinator.

 

 

 

ITEM - 5    RISK REGISTER

 

Recommendation(Beatty/Rygate)

 

THAT:

 

1.   The committee receive and note the report.

2.   The committee acknowledge the work completed and the plan to further review and develop the Enterprise Risk Register so that it reflects all areas of risk to council.

3.   A revised Enterprise Risk Register be provide to the committee out-of-session, if completed, before the next meeting to be held in November 2019.

 

 

 

ITEM - 6    AUDIT TIMETABLE

 

Proceedings In Brief

The Chair sought clarification of the scope and value to Council of the proposed investment in this planned review emphasising the importance in any internal audit review to properly scope reviews to obtain an outcome that is valuable to Council. Management advised this was still being negotiated

 

Recommendation (Rygate/Beatty)

 

THAT:

 

1.   The Committee support the engagement of National Audits Group to undertake a Governance and Risk Management Review and develop a Strategic Audit Plan.  The committee requested that these documents be circulated out-of-session when finalised.

 

2.   The Committee endorse the proposal for an Internal Audit Plan for 2019/20 which includes procurement, cyber security and swimming pools and request that each review be scheduled and review scopes be prepared for approval by the committee.

 

 

 

ITEM - 7    INTERIM AUDIT LETTER 

 

Proceedings in Brief

The External Auditor mentioned that Fairfield Council has a good compliance register and to contact her if it cannot be sourced.

 

Recommendation (Beatty/Rygate)

 

THAT the committee note the issues raised and responses from management contained in the Interim Management Letter for the year ending 30 June 2019.

 

 

 

ITEM - 8    DIRECTED ENGAGEMENT BETWEEN SAFEWORK NSW AND CABONNE COUNCIL

 

Recommendation (Rygate/Beatty)

 

THAT the committee note the report and that this item be retained as an agenda item until Safework NSW have signed off on the Directed Engagement.

 

 

 

ITEM - 9    AUDIT OFFICE NSW

 

Proceedings in Brief

Performance audits have been completed for domestic waste (Cambelltown & Fairfield) and Development approvals (Camden & Randwick).  Upcoming audits are credit card management, governance and internal controls over local infrastructure and procurement.  Cabonne is not being audited in any of these areas.

 

Recommendation (Beatty/Rygate)

 

THAT the committee note the issues raised by the Audit Office NSW

 

 

 

ITEM - 10 NEXT MEETING

 

Proceedings in Brief

The General Manager advised that 21 November was unsuitable.

 

Recommendation (Rygate/Beatty)

 

THAT council liaise with Blayney and CTW to determine a suitable date for the next meeting.

 

 

 

 

There being no further business, the meeting closed at 2.47pm.


Item 12 Ordinary Meeting 27 August 2019

Item 12 - Annexure 1

 

Corporate Credit Card Policy (V2016)

1 Document Information

Version Date
(Draft or Council Meeting date)

27 August 2019

Author

Finance Manager

Owner

(Relevant director)

Director of Finance and Corporate Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Draft

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

 

2 Summary

This policy sets out the controls which apply to the allocation and use of corporate credit cards. Cabonne Council provides credit cards to staff and the Mayor to enable the purchase of goods and services.

3 Approvals

Title

Date Approved

Signature

Director of Finance and Corporate Services

 

 

4 History

 

Minute No.

Summary of Changes

New Version Date

 

 

 

 


 

5 Reason

This policy will ensure that the control and allocation of corporate credit cards is monitored and authorised in a more efficient manner.

This policy will provide a clear framework to enable the use of corporate credit cards. The policy will ensure that the Mayor and staff issued with a corporate credit card have clear guidelines outlining its use.

This policy will reduce the risk of fraud and misuse of the corporate credit card.

 

6 Scope

This policy applies to Mayor and staff who have been issued with a corporate credit card. The card holder is responsible for the correct use of the card at all times.

7 Associated Legislation

Local Government (General) Regulation 2005

8 Definitions

9 Responsibilities

9.1 General Manager

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

9.2 Managers

The Finance Manager is responsible for updating and maintaining the list of authorised staff and elected members.

 

10 Related Documents

 

Document Name

Document Location

Procurement (Incorporated Local Supplier Preference) Policy

Policy folder on Magiq – Doc ID 956479

Code of Conduct Policy

Policy folder on Magiq – Doc ID 987777

11 Policy Statement

11.1 Usage

Cabonne Council corporate credit cards shall be used only:

·    For Council business activities

·    When outside the LGA on business

·    For the purchase of goods in accordance with Council’s Procurement Policy.

Cabonne Council corporate credit cards do not have a cash advance facility.

11.2 Eligibility and application procedures for new Corporate Credit Cards

Allocation of a corporate credit card can only be approved by the General Manager. Once approved, the application must be signed by the cardholder and two (2) signatories to Council’s bank accounts.

Corporate credit cards will only be issued when it is established that the anticipated usage of the card is warranted.

A credit limit of $10,000 is to be applied to the General Manager’s corporate credit card.

A credit limit of $5,000 is to be applied to corporate credit cards approved for other employees and the Mayor.

The cardholder shall acknowledge and accept conditions of use of the Cabonne Council

Credit Card. Refer Attachment 1: Corporate Credit Cardholder Agreement.

11.3 Corporate Credit Card reconciliation procedures

Corporate credit card statement accounts will be issued to the relevant cardholder who will, within seven (7) days, acquit the transactions on the account. A template is attached to this policy identifying the reconciliation requirements.

Transactions will be supported by a GST invoice stating the type of goods purchased, amount of goods purchased and the price paid for the goods. The receipt shall meet the requirements of the Goods and Services Tax Act 1999 to enable a GST rebate to be applied.

An approved purchase order must accompany the reconciliation template, and shall be accompanied by a succinct explanation of why the expense was incurred.

Transactions shall be accompanied by an account/job number for costing purposes as detailed on the purchase order.

If no supporting documentation is available the cardholder will provide a declaration detailing the nature of the expense and must state on that declaration ‘all expenditure is of a business nature’. Approval of this expense is referred to the General Manager. Should a lack of detail be a regular occurrence for a particular cardholder, the cardholder may be refused access to a credit card in the future. Use of a statutory declaration is for exceptional cases rather than the norm.

Should approval of expenses be denied by the General Manager, the expense shall be met by the cardholder and a Debtor invoice be raised.

The cardholder shall sign and date the credit card statement with supporting documentation attached stating ‘all expenditure is of a business nature’.

11.4 Review of Corporate Credit Card use

Monthly reviews of expenditure shall be undertaken by the Finance Manager, Director of Finance and Corporate Services and the General Manager to ensure the integrity of the purchases.

A list of approved card holders is presented along with all the signed reconciliations by card holder.  All invoices will be attached for review and appropriateness.

External scrutiny of the credit card expenditure will also be encouraged as part of the external

audit process of Council’s finances.

11.5 Review of Credit Card Limits

Credit limits are reviewed annually for all cardholders. If there is a request for a variation to the monthly limit, approval is sought from the General Manager for consideration.

11.6 Procedures for lost, stolen and damaged cards

The loss or theft of a credit card must be immediately reported by the cardholder to the Commonwealth Bank regardless of the time or day discovered. The cardholder must also formally advise the Finance Manager of the loss or theft on the next working day.

Advice of a damaged card is to be provided to the Finance Manager who will organise a replacement card.

11.7 Corporate Credit Cardholders responsibilities

The cardholder is to ensure corporate credit cards are maintained in a secure manner and guarded against improper use. Credit card details are not to be released to anyone. Credit card purchases are to be through the Cardholder.

Corporate credit cards are to be used only for Cabonne Council official activities, there is no approval given for any private use.

All documentation regarding a corporate credit card transaction is to be retained by the cardholder and produced as part of the reconciliation procedure.

Credit limits are not to be exceeded. Where credit limits are to be exceeded, the Finance Manager is to be notified so appropriate steps can be taken to ensure sufficient funds are available or balances are refreshed.

The use of the credit card shall not be tied to any type of reward system that provides cardholders with any personal benefit or reward.

Purchases on the corporate credit card are to be made in accordance with Cabonne Council’s Procurement Policy.

Monthly reconciliations of the credit card purchases are to be completed within seven (7) days of the date of the corporate credit card statement being issued by the Creditors department with all reconciliation dockets attached to equal the balance of credit used.

Corporate credit cards are to be returned to the Finance Manager on or before the employee’s termination date with a full acquittal of expenses.

 

 

 

 

 

 

 

 

 

ATTACHMENT 1

Corporate Credit Cardholder Agreement

I (insert cardholder name) acknowledge and accept the conditions listed below which govern the use of the Cabonne Council Corporate Credit Card:

Conditions of Use

1. Ensure corporate credit cards are maintained in a secure manner and guarded against improper use.

2. Corporate credit cards are to be used only for Cabonne Council official activities, there is no approval given for any private use.

3. All documentation regarding a corporate credit card transaction is to be retained by, or provided to the cardholder and produced as part of the reconciliation procedure.

4. Credit limits are not to be exceeded.

5. The use of the credit card shall not be tied to any type of reward system that provides cardholders with any personal benefit or reward.

6. Observe all cardholder responsibilities as outlined by the card provider.

7. Purchases on the corporate credit card are to be made in accordance with Cabonne Council’s Purchasing Policy.

8. Monthly reconciliation of credit card purchases is to be completed on the supplied template within seven (7) days of the date of the credit card statement being issued.

9. Transactions will be supported by a GST invoice stating the type of goods purchased, amount of goods purchased and the price paid for the goods. The receipt shall meet the requirements of the Goods and Services Tax Act 1999 to enable a GST rebate to be applied.

10. Transactions shall be accompanied by a succinct explanation of why the expense was incurred.

11. Transactions shall be accompanied by a job number for costing purposes.

12. If no supporting documentation is available the cardholder will provide a declaration detailing the nature of the expense and must state on that declaration ‘all expenditure is of a business nature’.

Approval of this expense is referred to the General Manager for a decision.

Regular failure to provide documented records may result in the card being forfeited.

13. Should approval of expenses be denied by the General Manager the expense shall be met by the cardholder.

14. The cardholder shall sign and date the corporate credit card statement with supporting documentation attached stating ‘all expenditure is of a business nature’.

15. Lost or stolen cards shall be reported immediately to the card provider and a written account of the circumstances shall be provided to the Finance Manager on the next working day.

16. Corporate Credit Cards are to be returned to the Finance Manager on or before the employee’s termination date with a full acquittal of expenses.

Failure to comply with any of these requirements could result in the card being withdrawn from the employee.

In the event of loss or theft through negligence or failure to comply with the Cabonne Council Corporate Credit Card Policy any liability arising from the use of the card may be passed to the cardholder.

The use of a Cabonne Council Corporate Credit Card is subject to the provisions of the Code of Conduct of Cabonne Council. Serious transgression of the above listed responsibilities or the Code of Conduct may result in an appropriate referral under the Corruption and Crime Commission Act 2003 and/or termination of employment.

Signed: (cardholder)

Date: (insert date)

Witness Name: (insert name)

Witness Signature: (signature)

Date: (insert date)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT 2

CORPORATE CREDIT CARD RECONCILIATION TEMPLATE

Cardholders Name: _______________________________

Month Ended: _______________________________

All expenditure items must be listed:

DATE

Purchase Order

SUPPLIER

REASON FOR EXPENDITURE

AMOUNT

Job Number Allocation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I certify that all the purchases are of a business nature.

Cardholder Signature: ___________________________________

Date: ___________________________________

Approving Officer: ___________________________________

**If no tax invoice is supplied a declaration of expenditure must be provided for consideration to the General Manager.

 


Item 13 Ordinary Meeting 27 August 2019

Item 13 - Annexure 1

 

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Item 17 - Annexure 1

 

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Item 19 Ordinary Meeting 27 August 2019

Item 19 - Annexure 1

 

Policy Template(V2016)

1 Document Information

Version Date
(Draft or Council Meeting date)

[Version Date]

Author

General Manager

Owner

(Relevant director)

General Manager

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

 

Next Review Date

 

Minute number
(once adopted by Council)

 

2 Summary

Council’s regulatory responsibilities are applicable to actual unlawful activity, as well as a failure to take action where directed.

For the purposes of this policy, a report alleging unlawful activity is where:-

·    an individual expresses concern in relation to alleged unlawful activity; or

·    an individual requests service from council about unlawful activity; or

·    Council considers that a response or resolution to a report alleging unlawful activity is explicitly or implicitly expected by the individual, or legally required; or

·    where Council becomes aware of a compliance matter through other means of notification.

3 Approvals

Title

Date Approved

Signature

 

 

 

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

 

 

 

 

5 Reason

The intent of this policy is to establish clear guidelines and protocols for Council staff in the management of Council compliance responses and actions. It provides workable guidelines on:

·    responding to reports alleging unlawful activity;

·    assessing whether reports alleging unlawful activity require investigation;

·    deciding on whether enforcement action is warranted;

·    options for dealing with confirmed cases of unlawful activity;

·    taking legal action;

·    implementing shared enforcement responsibilities.

Council’s objectives when dealing with reports alleging unlawful activity are to:

·    maintain the collective good and welfare of the community;

·    prevent or minimise harm to health, welfare, safety, property or the environment;

·    consider the broader public interest having regard to Council’s priorities;

·    consider the report fairly and impartially;

·    fulfil Council’s Legislative responsibilities.

This policy is supported by guidelines to assist council officers in implementing the policy.

6 Scope

This policy applies to all areas within the Cabonne Council local government area and the officers who are authorised to investigate unlawful activity and proactive compliance monitoring including but not limited to:

·        development and building control

·        pollution control

·        environmental health

·        public health and safety

·        onsite sewage management systems

·        weeds control (Biosecurity)

·        companion animals

·        roads and footpaths

·        parks and reserves

·        food safety

·        fire safety

·        tree preservation

·        illegal dumping

·        waste management practices

 

7 Associated Legislation

Council staff may be delegated to initiate various levels of enforcement action under the following Acts and associated regulations:

·    Environmental Planning and Assessment Act, 1979

·    Local Government Act, 1993

·    Protection of the Environment Operations Act, 1997

·    Impounding Act, 1993

·    Companion Animals Act, 1998

·    Companion Animals Regulation, 2008

·    Roads Act 1993

·    Road Rules Act, 2014

·    Roads Transport Act 2013

·    Food Act, 2003

·    Public Health Act, 2010

·    Swimming Pools Act, 1992

·    Swimming Pools Regulation 2008

·    Traffic Act, 1909

·    Summary Offences Act, 1998

·    Biodiversity Conservation Act, 2016

·    Biosecurity Act, 2015

·    Rural Fires Act, 1997

·    Plumbing and Drainage Act, 2011

·    Contaminated Land Management ACT 1997

·    Pollution To The Environment Operations (Clean Air) Regulation 2010

·    Pollution To The Environment Operations (Noise Control) Regulation 2017

·    Pollution To The Environment Operations (Waste) Regulation 2014

·    Crown Land Management Regulation 2018

·    Cemeteries and Crematoria ACT 2013

 

8 Definitions

Complaint

Means an expression of dissatisfaction made about Council services, staff or the handling of a request for service/ notification of unlawful activity, where a response or resolution is explicitly or implicitly expected or legally required.

 

For the purposes of this policy, a complaint does not include:

·    a report alleging unlawful activity (see definition below)

·    a request for information about a Council policy or procedure

·    a request for an explanation of actions taken by Council

·    a request for internal review of a Council decision

 

Council means Cabonne Council.

 

Enforcement means actions taken in response to serious or deliberate contraventions of laws.

 

Officer means a Council officer delegated and if required authorised to undertake proactive compliance programs and unlawful activity compliance and enforcement investigations.

 

Proactive compliance monitoring means a proactive inspection program which is either a one-off or on-going.

 

Regulation means using a variety of tools and strategies to influence and change behaviour to achieve the objectives of an Act, Regulation or other statutory instrument administered by Council.

 

Report alleging unlawful activity means an expression of concern or a request for service in relation to alleged unlawful activity, where a response or resolution is explicitly or implicitly expected or legally required.

 

Unlawful activity means any activity or work that has been or is being carried out contrary to and/or failure to take required action in order to be compliant with:

·    the terms or conditions of a development consent, approval, permit or licence.

·    an environmental planning instrument that regulates the activities or work that can be carried out on particular land.

·    a legislative provision regulating a particular activity or work.

·    a required development consent, approval, permission or licence.

·    signage regulating a particular activity.

 

9 Responsibilities

 

9.1 General Manager

The General Manager is responsible for ensuring compliance with this policy.

 

9.2 Employees

Council staff who deal with written and verbal complains or action request with response to unlawful activity are responsible for implementing this policy. 

 

9.3 Others

Council consultants and contractors authorised to carry out functions on behalf of council must also comply with this policy.

 

9.4 Community

Council expects that people who report allegations of unlawful activity will cooperate and act in good faith in respect of any investigations conducted by Council. This includes:

·    providing a clear description of the problem (and the resolution sought, if relevant);

·    giving all available and relevant information to Council, including any new information about the alleged activity that may become known to the person following the making of their report;

·    not giving any information that is intentionally misleading or wrong;

·    cooperating with Council’s inquiries and giving timely responses to questions and requests for information;

·    treating Council staff with courtesy and respect;

·    allowing the investigation to be completed without prematurely taking the matter to other agencies unless referred to by Council;

·    being prepared to engage in mediation where requested.

 

If these expectations of the individual are not met, Council may set limits or conditions on the continuation of the investigation or restrict any further communications with the individual.  Any unreasonable conduct will be dealt with in accordance with the principles of the NSW Ombudsman’s Managing Unreasonable Complainant Conduct Manual 2012 and any applicable Council Policy.

 

9.5     Councillors

Decision making relating to the investigation of reports alleging unlawful activity and enforcement action is the responsibility of appropriately authorised Council staff or the Council itself. Individual councillors do not have the right to direct council staff in their day-to-day activities. Councillors can help individuals who raise concerns with them by satisfying themselves that Council’s policies are being carried out correctly, however they cannot ignore or alter a policy in order to satisfy the demands of special groups or individuals.

Councillors are not an appeal body and all appeals need to be directed to the General Manager as Councillors cannot become involved in the management of regulatory or compliance actions.

 

10 Related Documents

 

Document Name

Document Location

NSW Ombudsman ‘Enforcement Guidelines for Council’

https://www.ombo.nsw.gov.au/news-and-publications/publications/guidelines/state-and-local-government/enforcement-guidelines-for-councils

Complaints Handling Policy

Records Management System Doc ID 936211

Customer Service Policy

Records Management System Doc ID 937250

Limits on Service and Communication Policy

Records Management System Doc ID 937235

11 Policy Statement

Council is committed to:

·    acting in the interest of protecting community health, safety and or the environment;

·    acting consistently, fairly, impartially and transparently;

·    preventing discrimination on the basis of race, religion, sex, national origin, political

·    association or other personal reason/s;

·    ensuring the proposed enforcement action is in keeping with the guidelines of the Policy;

·    ensuring enforcement action is taken against the right person for the correct offence.

 

In addition to responding to requests and enquiries about alleged unlawful activity Council also provides a number of proactive compliance programs around high risk regulatory areas. These areas include (but not limited to):

·    Food premises

·    Cooling towers (and the like)

·    Public swimming pool water quality monitoring

·    Onsite sewage management systems (septic tanks)

·    Fire safety

·    Swimming pool safety

 

Compliance action may be initiated where non-compliance is identified in the course of a proactive compliance inspection, in which case the principles outlined in this policy will also be applied.

 

Confidentiality of people who report allegations of unlawful activity

There are times when dealing with allegations of unlawful activity that the identities of people who report such matters are unable to remain confidential from the subject of their report in all circumstances.  Council may be required to disclose information that identifies those who report such matters in the following cases:

·    the disclosure is necessary to investigate the matter;

·    their identity has already been disclosed to the subject of their report directly or in a publicly available document;

·    the individual was consulted following receipt of a Government Information (Public Access) Act 2009 application and did not object to the disclosure;

·    the individual consents in writing to their identity being disclosed;

·    the disclosure is required to comply with principles of procedural fairness;

·    the matter proceeds to court.

 

Council will take seriously any concerns an individual may have about their physical safety being endangered as a result of making a report. However, this may limit Council’s ability to investigate the matter.

 

Investigating unlawful activities

All matters regarding unlawful activities will be reviewed to determine whether the matter requires enquiry or investigation. Further enquiries/investigation will not be initiated where:

·    the matter has already been investigated and resolved, or

·    the matter does not fall within the jurisdiction of Council has no jurisdiction;

·    the activity is determined to be lawful without an investigation; or

·    The activity presents a clear danger to the health and wellbeing of council staff and contractors though further action is required.

 

Anonymous reports will not be investigated.

 

Neighbourly Disputes

In cases where investigation reveals that the report of alleged unlawful activity is the result of a neighbourly dispute, involved parties will be encouraged to undertake mediation with the Community Justice Centre NSW or further reports regarding the same matter may not be investigated.

 

Taking enforcement action

When deciding whether to take enforcement action in relation to a confirmed case of unlawful activity, Council will consider the full circumstances and facts of the matter and the public interest. The following common considerations will assist Council staff in determining the most appropriate response in the public interest.

 

Considerations about the alleged offence and impact:

·    the nature, extent and severity of the unlawful activity, including whether the activity is ongoing;

·    the harm or potential harm to the environment or public health, safety or amenity caused by the unlawful activity;

·    the seriousness of the breach, including whether the breach is merely technical, inconsequential or minor in nature; and

·    the time period that has lapsed since the date of the unlawful activity.

 

Considerations about the alleged offender:

·    any prior warnings, instructions, advice that was issued to the person or organisation

·    reported or previous enforcement action taken against them;

·    whether the offence was committed with intent;

·    whether the person or organisation reported has been proactive in the resolution of the matter and assisted with any Council requirements and instructions;

·    any mitigating or aggravating circumstances demonstrated by the alleged offender; and

·    any particular circumstances of hardship affecting the person or organisation reported.

 

Considerations about the impact of any enforcement action:

·    the need to deter any future unlawful activity;

·    the prospect of success if the proposed enforcement action was challenged in court; and

·    what action would be proportionate and reasonable in response to the unlawful activity.

 

Considerations about the potential for remedy:

·    whether the breach can be easily remedied; and

·    whether there is a draft planning instrument on exhibition that would make the unauthorised use legal.

 


GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 27 August, 2019

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING    1

ITEM 2      RATES SUMMARY................................................................................ 1

ITEM 3      INVESTMENTS SUMMARY................................................................. 2

ITEM 4      COMMUNITY FACILITATION FUND................................................. 2

ITEM 5      FORTESQUE METALS GROUP......................................................... 3

ITEM 6      PROPOSED MOUNTAIN BIKE DEVELOPMENT FOR MOUNT CANOBOLAS 5

ITEM 7      COUNTRY MAYORS ASSOCIATION................................................ 6

ITEM 8      LOCAL GOVERNMENT AND INFRASTRUCTURE DELIVERY PROJECT         6

ITEM 9      NSW GOVERNMENT SNOWY HYDRO LEGACY FUND.............. 8

ITEM 10    CABONNE/BLAYNEY FAMILY DAY CARE AND AFTER SCHOOL CARE SERVICES............................................................................................... 8

ITEM 11    COMMUNITY TRANSPORT AND HOME AND COMMUNITY CARE 10

ITEM 12    CABONNE ACQUISITIVE ART PRIZE........................................... 11

ITEM 13    ENGINEERING AND TECHNICAL SERVICES DEPARTMENT REPORT AUGUST 2019........................................................................................................ 13

ITEM 14    REPLACEMENT OF BANGAROO BRIDGE OVER BELUBULA RIVER
.................................................................................................................
14

ITEM 15    HERITAGE ADVISOR'S REPORT................................................... 16

ITEM 16    DEVELOPMENT APPLICATIONS APPROVED DURING JULY 2019         16

ITEM 17    DEVELOPMENT APPLICATIONS RECEIVED DURING JULY 2019 17

ITEM 18    MEDIAN PROCESSING TIMES 2019.............................................. 19

ITEM 19    BURIAL STATISTICS......................................................................... 20  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    Council ............................................................................... 22

ANNEXURE 1.2    Traffic Light Report Summary ............................ 46

ANNEXURE 2.1    Rates graph July 2019................................................ 47

ANNEXURE 3.1    Business Paper July Investments 2019............ 48

ANNEXURE 7.1    CMA Minutes 2 August 2019....................................... 50

ANNEXURE 8.1    DPC delivery project observations................ 57

ANNEXURE 8.2    DPC workshop outcomes summary................... 74

ANNEXURE 9.1    Snowy Hydro FAQs........................................................ 94

ANNEXURE 12.1  Cabonne Council Acquisitive Art Prize final TC and Entry Form....................................................................................... 95

ANNEXURE 13.1  Engineering Report for August 2019 Council Meeting      101

ANNEXURE 15.1  Heritage Advisor's Report - August 2019.... 109 

 


 

 

ITEM 1 - RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING

REPORT IN BRIEF

 

Reason For Report

To provide Council with a report on progress made in actioning its resolutions up to last month's Council meeting and any committee meetings held.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Council

2.  Traffic Light Report Summary    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\RESOLUTION REGISTER - 1033437

 

General Manager REPORT

 

InfoCouncil generated reports are annexed including actions up to the previous month’s meetings resolutions.

 

Progress comments are provided until the final action comment which will also show “COMPLETE”: that item will then be removed from the register once resolved by the council.

 

Attached also is the “traffic light” indicator system that enables the council to identify potential areas of concern at a glance.

 

Councillors should raise any issues directly with the directors as per the mayor’s request.

 

 

ITEM 2 - RATES SUMMARY

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to Council's Rates collections.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.a - Level of rate of collection

Annexures

1.  Rates graph July 2019    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 1032369

 

Senior Rates Officer's REPORT

 

The Rate Collection Summary to 31 July 2019 is attached for Council’s information.  The percentage collected is 10.06% which is slightly higher than previous years.

 

The higher percentage is due to a substantial amount being received for five properties that have now been withdrawn from the sale of land for overdue rates auction.

 

ITEM 3 - INVESTMENTS SUMMARY

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to Council's Investment Schedule.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.b. Maximise secure income through investments

Annexures

1.  Business Paper July Investments 2019    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 1031524

 

Senior Accounting Officer's REPORT

 

Council’s investments as at 31 July 2019 stand at a total of $43,343,294.27.

 

Council’s average interest rate for the month of July was 2.21%. The effect of the low cash rate is having a negative impact on term deposit rates offered by financial institutions. The Reserve Bank’s official cash rate was dropped to 1% during the month of July. However, Council’s average rate is higher than Council’s benchmark rate of the 30 Day Bank Bill Swap Rate of 1.015%. 

 

Council’s investments are held with multiple Australian financial Institutions with varying credit ratings according to Council’s Investment Policy. The annexure to this report shows a break up of each individual institution that Council invests with and its “Standard and Poor’s” Credit Rating.

 

The Schedule of Investments for July 2019 is attached for Council’s information.

 

ITEM 4 - COMMUNITY FACILITATION FUND

REPORT IN BRIEF

 

Reason For Report

To report on approved expenditure under the Community Facilitation Fund (CFF).

Policy Implications

Nil

Budget Implications

Within existing budget allocation

IPR Linkage

3.3.5.a. Review community need for new and upgraded facilities

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\COMMUNITY FACILITATION FUND - 1031756

 

General Manager’S REPORT

 

Council adopted guidelines for the Community Facilitation Fund (CFF) in March 2015.  The CFF was created for smaller community projects not originally included in the council’s budget, to be allocated at the discretion of the Mayor and Deputy Mayor.

 

As a reminder, the guidelines for the CFF are as follows:

 

1.   Projects where no existing vote for the works has been allocated or the vote is insufficient to complete the project.

 

2.   Recipients must be community based not-for-profit groups.

 

3.   Mayor and Deputy Mayor to jointly approve funds (with the General Manager as proxy if one is not available).

 

4.   Allocation of funds to be reported to the next available council meeting.

 

5.   Limit of $3,000 per allocation unless other approved by council.

 

There were nil allocation of funds were processed in the past month.

 

 

 

 

 

ITEM 5 - FORTESQUE METALS GROUP

REPORT IN BRIEF

 

Reason For Report

To request Council invite Fortesque Metals Group to present on the upcoming regional exploration at an upcoming Councillor workshop

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

5.5.1.c - Maintain a detailed knowledge and understanding of issues related to mining

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\DEVELOPMENT ENQUIRIES\2019 - 1033415

 

General Manager REPORT

 

On Monday 29 July 2019 the General Manager was invited to a meeting with Fortescue Metals Group in Canowindra prior to a community engagement event they were conducting around their current exploration in Cabonne Shire.

Fortescue Metals Group (Fortescue) are in two joint ventures with Gold and Copper Resources and its subsidiaries. The Walli joint venture was assumed on 9 November 2016 and the Faith joint venture was assumed on 21 May 2015.

 

Over the last four years different exploration methods have been carried out within the tenements that sit in the Cabonne Shire, including low impact activities such as geological mapping, soil sampling and on ground geophysics. Drilling, classed as medium impact has also taken place in the Nashdale area.

 

Consulting with the community is a mandatory requirement by the Department of Resources and Geoscience. The Exploration Code of Practise for Community Consultation was developed to ensure engagement with key stakeholders in relation to the planning for, and conduct of, exploration activities under a prospecting title.

 

Fortescue’s community consultation in Cabonne has included:

 

·    Negotiating a land access agreement with the landholders of the exploration activity,

·    Publishing notifications in the newspapers for drilling, a gravity survey along road reserves and airborne surveys,

·    Visiting neighbours of the drill sites to discuss the potential impacts of the activity

·    Meet with Cabonne Council Management to update them on exploration activities,

·    Meet with community groups including The Nashdale Action Group, Aboriginal Lands Council and ECCO,

·    Spoke at an NSW Farmers hosted meeting in Canowindra on 29 July 2019, with approximately 60 attendees,

·    Assisted in writing the ‘Fields of Cargo’ book to commemorate the 150 year celebration of the Cargo Gold fields.

 

The General Manager suggested the Fortescue Metals Group should consider a presentation to Council at a future workshop regarding their activities in the Cabonne Shire and to outline the future plans they may have for the area.  Whilst no decisions are required from Council at this time it is important that Council is kept advised of any significant developments as they proceed.

 

 

 

 

ITEM 6 - PROPOSED MOUNTAIN BIKE DEVELOPMENT FOR MOUNT CANOBOLAS

REPORT IN BRIEF

 

Reason For Report

To request Council invite the Acting General Manager of Orange City Council to a workshop for further discussions.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

2.2.1.a - Promote strategies listed in the Tourism Plan

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\LIAISON\ORANGE CITY COUNCIL - 1033393

 

General Manager REPORT

 

On Thursday 25 July 2019, the Mayor and General Manager of Cabonne were invited by the Local Member the Honourable Phil Donato to attend a meeting at the summit of Mount Canobolas.  Mr Donato invited the NSW State Environment Minister, The Hon Matthew Kean, the Mayor and Acting General Manager from Orange City Council (OCC) and senior National Parks officials to discuss a proposed mountain bike track development for the area. 

 

Local media covered the event and senior staff from OCC briefed those in attendance on the conceptual plan they have developed for the mountain bike trail, which they see as having a major potential tourism and economic benefit to Orange City and the wider region including Cabonne.

 

Minister Kean was in attendance to hear the proposed benefits of the concept, however it was noted for any such proposal to progress it would require a change to the area’s plan of management. This important step would be required, as currently the proposed location is identified as a state conservation area.

 

Cabonne Council has no current formal position with regard to the proposed development.  The Mayor and General Manager agreed to invite the Acting General Manager of OCC Mr David Waddell to a future Councillor’s workshop to present the concept and provide a more detailed outline of the proposal.

 

It was also thought this presentation would provide an opportunity for Mr Waddell to provide Council some further information regarding the Orange Health Precinct Project which will similarly have significant potential impacts on Cabonne Shire.

 

 

ITEM 7 - COUNTRY MAYORS ASSOCIATION

REPORT IN BRIEF

 

Reason For Report

To update Council on matters discussed at the Country Mayors Association meeting held on 31 May 2019.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.d Maintain effective membership of Centroc, Strategic Alliance, Hawkesbury City Council, Weddin Shire Council and Cabonne Council Country-City Alliance, LGNSW and other forums

Annexures

1.  CMA Minutes 2 August 2019    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\COUNTRY MAYORS ASSOCIATION OF NSW - 1031651

 

General Manager's REPORT

 

The Mayor and General Manager attended the Country Mayors Association meeting at Parliament House Sydney on 2 August 2019.

 

Special guests included:

 

·    Hon Mark Coulton MP, Minister for Regional services, Decentralisation and Local Government, Assistant Trade and Investment Minister

·    Hon Adam Marshall MP, Minister for Agriculture and western New South Wales

·    Geoff McKechnie APM, Assistant Commissioner, Commander, Western Region, New South Wales Police Force

·    Richard Colbran, Chief Executive Officer, NSW Rural Doctors Network

 

Minutes of the meeting are attached for Councillors’ information.  Any queries regarding items discussed should be directed to the Mayor or General Manager.

 

 

ITEM 8 - LOCAL GOVERNMENT AND INFRASTRUCTURE DELIVERY PROJECT

REPORT IN BRIEF

 

Reason For Report

For councillors to be aware of observations and outcomes of recent workshops facilitated by Department Premier & Cabinet.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  DPC delivery project observations

2.  DPC workshop outcomes summary    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\DEPARTMENT OF PREMIER AND CABINET - 1032917

 

General Manager's REPORT

 

As a result of significant level of infrastructure investment across regional NSW and investment in regions through various grant programs, Department of Premier & Cabinet Regional (DPC) recognised that local councils will struggle to deliver the volume of projects funded.

 

To address these concerns, the Strategy & Operations group from DPC undertook initial interviews with 27 local councils then engaged Elton Consulting to facilitate a workshop with local council and state agency representatives. The workshop purpose was to agree on the infrastructure delivery challenges facing the regions, ‘road-test’ concepts to address the identified challenges and establish priorities to progress in the short, medium and long term. 

 

The following documents are attached for information. They are:

 

·    Observations – a summary of key issues and challenges discovered.

·    Workshop Outcomes Summary – outcomes of the workshop to agree on key challenges and develop options to address them.

 

The key challenges that participants nominated were:

 

·    Access to specialist skills, trades, materials and contractors.

·    Planned versus grant program projects.

·    Workload for council staff.

·    New assets versus maintenance of existing assets.

·    Open tender limit not reflect current market conditions.

·    Project management capability.

·    Current systems not providing a view of each councils overall project load.

·    Delayed grant payments impacting on cash flow.

·    Cost blow outs.

·    Capacity to shift to align with council need rather than prescription by State Government.

·    Demonstration of benefit-cost ratio.

·    Distance, climate and topography impeding access to skills and trades in regions.

 

As a result, four priorities for action were developed being:

 

·    Develop an online project management toolkit

·    Develop a local infrastructure pipeline to give visibility of current infrastructure priorities.

·    Engage with councils in the design of grant programs

·    Fund the front-end development of projects that are not ‘shovel ready’ (and define ‘shovel ready’).

 

DPC Strategy & Operations have committed to continuing the conversations and a collaborative working relationship with councils to progress priority options.

 

 

ITEM 9 - NSW GOVERNMENT SNOWY HYDRO LEGACY FUND

REPORT IN BRIEF

 

Reason For Report

To provide information about the allocation of funds by the NSW Government.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Snowy Hydro FAQs    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\NSW GOVERNMENT - 1031660

 

General Manager's REPORT

 

The NSW Government’s $4.2 billion Snowy Hydro Legacy fund was developed to delivery infrastructure and priority initiatives identified in the 20-Year Economic Vision for Regional NSW, NSW State Infrastructure Strategy 2018–2038 and other long-term government plans.

 

The five areas of immediate focus will be improved water security, rail and road transport connections, freight linkages, digital connectivity and Special Activation Precincts to attract more industry investment in the regions.

 

The attached Fact Sheet has been developed which outlines eligible projects, investment priorities and next steps.

 

 

 

ITEM 10 - CABONNE/BLAYNEY FAMILY DAY CARE AND AFTER SCHOOL CARE SERVICES

REPORT IN BRIEF

 

Reason For Report

To update Council on the operations and financial sustainability of FDC and ASC Services

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.1.1.d - Review financial sustainability of FDC, IH and AS Care services

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVISION\FAMILY DAY CARE - FAMILIES AND CARERS - 1032319

 

Community Services Manager's REPORT

 

Cabonne/Blayney Family Day Care (CBFDC) provides home based care to families with children aged 0-13years. The service provides this home based care in a number of rural villages including Molong, Orange, Canowindra, Yeoval, Manildra, Parkes, Blayney, Forbes and Narromine.

 

CBFDC also provides In-Home Care where care is provided by an approved Educator in the family’s home. The Service currently has in-home care educators in Molong, Orange and Dubbo.

 

Statistics for 2018 / 2019:

·    Average number of Children booked per month        165           

·    Total number of booked sessions per month              675                     

·    Average number of Educators                                      23

 

CBFDC was successful in receiving funding though the Community Child Care Fund (CCCF) for the period 2018-2021. The funding received for 2018/2019 was $44,000, significantly less than the $95,945 received for the 2017/2018 financial year through the Community Support Program. Funding will decrease to $37,000 in 2019/2020 and $31,000 in 2020/2021. After 2021, CCCF Funding will cease and the service will need to source alternate funding to remain viable.

 

The Cabonne / Blayney Family Day Care Service had an operating defect of $542.42 for the 2018/2019 financial year; which brings the services’ total reserves to $93,095.89. These reserves are essential for the ongoing financial sustainability of the service.

 

CBFDC is currently promoting the service to secure new educators by waiving the sign-up fee for educators for the months of August – October, saving Educators $180. This has brought two new prospective educators.

 

 

After School Care

The After School Care Service had an operating surplus of $46,451 last financial year, which brings the total reserves to $110,292.

 

The Community Child Care Funding (CCCF) received for all three services for 2018/2019 was $35,100. This will reduce to $31,100 in 2019/2020 and $21,400 in 2020/2021. After 2021, CCCF Funding will cease and the service will need to source alternate funding to remain viable.

 

Blayney Council also contributes $5,000 each towards Blayney and Millthorpe services.

 

Mullion Creek statistics for the period 1 July 2018 to 30 June 2019:

·    Approved for 20 places per day

·    Total number of booked sessions              1,811

 

Blayney statistics for the period 1 July 2018 to 30 June 2019:

·    Approved for 20 places per day

·    Total number of booked sessions              1,329

 

Millthorpe statistics for the period 1 July 2018 to 30 June 2019:

·    Approved for 27 places per day

·    Total number of booked sessions              3,845                               

 

Manildra After School Care Update

Cabonne Council has been in lengthy negotiations with the Department of Education since August 2018 regarding a new After School Care Service at Manildra Public School. Upon advice from the Department of Education, Manildra Public School advertised for an Expression of Interest to operate the service. Cabonne Council offered the only expression of interest. 

 

On 9 April 2019 Council received the Right to Occupy letter and draft lease agreement.  After negotiations and receiving the formal License Agreement it was signed and returned to the Department of Education on 30 June 2019.

 

Council have applied to the Early Childhood Electorate for service approval and are awaiting their reply.

 

 

 

ITEM 11 - COMMUNITY TRANSPORT AND HOME AND COMMUNITY CARE

REPORT IN BRIEF

 

Reason For Report

To update Council on the operation of and financial sustainability of Community Transport and Home and Community Care

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.2.2.a - Implement the HACC program

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVISION\COMMUNITY TRANSPORT - 1032747

 

Community Services Manager's REPORT

 

Community Transport

The Cabonne Community Transport Service had an operating surplus of $58,429 for the 2018/2019 financial year; this creates a balance in reserves of $161,265.

 

The Community Care Supports Programs ADHC funding of $9,230, ceased 30 June 2018, due to the roll out of the NDIS. The Services’ reserves creates a buffer, which will allow for this loss of funding and will allow the service to remain sustainable during the uncertainty of the continuation of block funding post 2020.

 

Statistics for 2018/2019:

·    Total number of trips (excluding buses)   1,503

·    Total vehicle KMs                                         49,276                                  

·    Number of Clients                                         438       

·    Number of Volunteers                                 17

 

HACC

Home and Community Care (HACC) had an operating surplus of $32,056 for the 2018/2019 financial year, this creates a balance in reserves of $186,749 Contracts with the Department of Health are until 30 June 2020. This significant reserve balance will allow the service to remain sustainable post 2020 if block funding ceases to continue.

 

Statistic for 2018/2019:

·    Hot Meals on Wheels provided                            1,065

·    Frozen Meals on Wheels provided                      8,150

·    Meals provided during social support                 6,132

·    Hours of Social Support provided                        6,192

·    Hours of Home Maintenance provided               544

·    Number of Clients                                                  238

·    Number of Volunteers                                           101

 

 

 

ITEM 12 - CABONNE ACQUISITIVE ART PRIZE

REPORT IN BRIEF

 

Reason For Report

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

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.4.1.c - Provide assistance to community groups

Annexures

1.  Cabonne Council Acquisitive Art Prize final TC and Entry Form    

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 1032605

 

Community Engagement and Development Manager's REPORT

 

The inaugural Cabonne Acquisitive Art Prize will be officially launched at a special function on Thursday 5 September 2019.

 

At its meeting on 28 August 2018, Council resolved to conduct the competition in 2019-20 and on 26 February 2019 resolved to consider a draft budget and adopt dates and timelines. An amount of $20,000 was included in Council’s 2019-20 Budget to cover the cost of staging the initial event.

 

A small working group, consisting of Clrs Libby Oldham and Peter Batten, as well as Regional Development Australia Central West Chair Mrs Christine Weston, has now been formed to administer and operate the Art Prize with the support of Council’s Economic Development and Tourism section.

 

The working group has developed a draft budget, prizemoney, entry fees, entry form, timeline and terms and conditions for the competition which will be announced in March 2020. The terms and conditions and entry form are attached as an annexure.

 

The draft budget consists of:

 

Launch, exhibition and official opening costs                $9,000

Prizemoney                                                                          $6,000

Promotion and advertising costs                                      $4,000

Possible judging expenses                                               $1,000

Total                                                                                      $20,000

 

Prizemoney will be allocated as follows:

 

Cabonne Acquisitive Art Prize                                          $4,250 ($30 entry fee)

Local Art Prize High School Section                               $500 ($15 entry fee)

Local Art Prize Primary School Section                         $250 ($10 entry fee)

People’s Choice Prize                                                        $1,000

 

The following key dates have been proposed:

 

Official launch                                                                     5 September 2019

Applications open                                                               6 September 2019

Applications close                                                               24 January 2020

Works to be submitted                                                       3-7 February 2020

Selection notification                                                         28 February 2020

Exhibition opens                                                                 14 March 2020

Announcement, official opening                                      19 March 2020

Exhibition closes                                                                 21 March 2020

Works to be collected by                                                   24 March 2020

 

Initially, the art prize will be open to any artist living or working in the Cabonne Local Government Area or who has attended a school in the LGA.

 

In keeping with the decision to engage industry professionals as independent judges, Mr Brad Hammond, the Director of the Orange Regional Art Gallery, has been enlisted to judge the acquisitive prize. Other industry professionals may be used to judge the high school and primary school works.

 

The working group has proposed staging the inaugural art prize at the Molong Community Hall.

 

The NSW Minister for the Arts the Hon Don Harwin has been invited to the launch, which will be a catered event at the Molong Council Chambers, starting at 6pm on September 5.

 

Other invited guests include Parliamentary Secretary for the Arts the Hon Ben Franklin; Federal Member for Calare Andrew Gee; State Member for Orange Phil Donato; Arts Out West Executive Director Tracey Callinan; Brad Hammond; Canowindra Arts President Arthur Falconer; Cabonne school principals and art teachers; representatives of the Shire’s progress associations; and Councillors.

 

 

ITEM 13 - ENGINEERING AND TECHNICAL SERVICES DEPARTMENT REPORT AUGUST 2019

REPORT IN BRIEF

 

Reason For Report

To update Council on works in progress in the Engineering & Technical Services Department

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Engineering Report for August 2019 Council Meeting    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\REPORTING\ENGINEERING AND TECHNICAL SERVICES REPORTING - 1033535

 

Director of Engineering & Technical Services' REPORT

 

Please find attached to this report the update on 2018/2019 works in progress in the Engineering and Technical Services department.

 

 

ITEM 14 - REPLACEMENT OF BANGAROO BRIDGE OVER BELUBULA RIVER


REPORT IN BRIEF

 

Reason For Report

Provision of information on the project planning of the replacement of the Bangaroo Bridge on Rivers Road.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

1.1.4.c - Local road bridge construction undertaken

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\MAINTENANCE\BRIDGES AND CROSSINGS - 1033443

 

Technical Services Manager's REPORT

 

The following report from Cowra Council recommends the replacement of Bangaroo Bridge by ‘Design and Construct’ contract, project managed by Cowra Council. Fifty percent grant funding to a total project cost of $1.4M is confirmed to date through the Federal Bridges Renewal program; with the expectation that the balance will be made up of grant funds from the NSW Fixing Country Roads program; or the yet to be announced Timber Bridge program. Cabonne Council have allocated that the matching 50% funding is available in its adopted Delivery Program and operational Plan for 2019/20. The estimated cost of bridge replacement is $1.4M.

 

Bangaroo Bridge Replacement

 

Bangaroo Bridge is located on Rivers Road and provides an essential road transport link across the Belubula River to Warraderry Way. The bridge is a boundary bridge; a shared asset between Cabonne and Cowra Councils.

 

For some years the timber bridge has had speed restriction and load limits imposed to extend the life of the timber elements that were in poor structural condition. One of the timber girders has now failed and the bridge is closed.

 

Temporary Belubula Crossing Options

 

Cowra and Cabonne Engineering staff have investigated various options to open a river crossing in the short term:

 

·        Replace the damaged girder with one from Cowra Council stock on hand.

·        Wood Research and Development’ were engaged to complete a level 3 bridge inspection and load assessment on the condition the bridge which identified significant structural issues in much of the remaining timber piles and girders. It is likely another failure will occur in the short term.

 

·        Construct a low-level side track bypass: this option is likely to incur costs of the order of $150,000 due to the steepness of the river banks in the locality. The side track would be washed out in the first flood event.

·        Construct a temporary Bailey Bridge type structure: this option can be completed at an estimated cost in the order of $230,000 subject to detailed abutment designs.

 

Cowra and Cabonne engineering staff met with affected local residents on 12 July. It was agreed that the costs of the temporary crossing and the engineering resources required to implement them would be better allocated to:

 

·        replacing with a permanent structure as quickly as possible

·        increasing the level of maintenance on Settlement Bridge road; being the alternate route.

 

Permanent Bangaroo Bridge Crossing

 

The replacement bridge is proposed with the following specifications:

 

·        Designed for SM1600 loading in accordance with the current AS5100 Bridge Design Code

·        2 x 3.5m travel lanes plus 1m shoulder width each side; 9m clear travel width

·        The bridge girders to have a flat soffit to ensure no flood debris is caught up  under the deck.

 

Steps in the project delivery

 

Cabonne Council have advised of a lack of engineering resources to deliver the tender in a timely manner. For this reason Cowra Council is recommended as the lead in contract and project management. A Steering Committee comprising of officials of both councils will be formed to provide advice, ensure delivery of the project outputs and the achievement of project outcomes. The Project Manager will report to the Steering Committee regarding the progress of all phases of the project.

 

The following information is required to finalise the bridge design:

 

·        A geotechnical investigation and design report has been completed to allow the foundations and pile design to be carried out

·        A Request For Quotation has been advertised and assessed to provide the design information of river flows, overtopping and scour design with the recommended consultant report estimated cost of $45,000.

·        Geometric design of the approach roads and bridge; along with the bridge structural design will be completed as part of the tender

 

Provided the contract for hydrological and hydraulic investigation can be completed it is expected the Design and Construct tender can be advertised in October 2019 and awarded in December 2019.

 

Council will then be advised of the construction program.

 

 

ITEM 15 - HERITAGE ADVISOR'S REPORT

REPORT IN BRIEF

 

Reason For Report

Providing councillors with a copy of the Heritage Advisor's report.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.3.2.b - Heritage advisory service provided

Annexures

1.  Heritage Advisor's Report - August 2019    

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\REPORTS\HERITAGE - 2018 - 1032477

 

Director of Environmental Services' REPORT


A copy of the Heritage Advisor’s Report for August 2019 is attached for the information of the council.

 

ITEM 16 - DEVELOPMENT APPLICATIONS APPROVED DURING JULY 2019

REPORT IN BRIEF

 

Reason For Report

Details of development applications approved during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 1032448

 

Director of Environmental Services' REPORT

 

Development Applications have been approved during the period 01/07/2019 to 31/07/2019 as detailed below.

         

Summary of approved development applications

 

 

TYPE

ESTIMATED VALUE

S68 Only x 8

$-----

Modification to 6 Lot Subdivision

$-----

Modification to Alterations & Additions

$-----

Modification to 4 Lot Subdivision

$-----

Modification to Alterations & Additions

$-----

Modification to Storage Shed

$-----

Modification & Additions to Existing Motel

$-----

Temporary Event – Comedy Festival

$-----

Change of Use

$-----

Subdivision

$-----

Additions to Existing Sporting Facility (Clay Target Shooting Range)

$100,000

Dwelling

$440,000

Storage Shed

$16,186

Additions to Existing Dwelling

$70,000

Dwelling, Storage Shed & Rainwater Tank

$423,000

Relocated Dwelling

$80,000

Dwelling

$444,400