Minutes of Ordinary Meeting - 11 February 2015

Permit No.	Address	Project Description	Value	Date Approved
20140109	51 Campbell Street, BIRCHIP	Alteration: Addition to dwelling	$12,510	09/12/2014
20140110	9 Duncan Street, BIRCHIP	New Building: Verandah	$17,027	09/12/2014
20140111	93 Cumming Avenue, BIRCHIP	Extension: Dwelling	$96,800	09/12/2014
20140112	5 Duncan Street, BIRCHIP	Addition & Alteration to Carport	$4,500	23/12/2014
20140113	6 Maunsell Street, CHARLTON	Extension to Dwelling	$86,636	23/12/2014
20150001	Racecourse Road, (Harbergers) DONALD	Erection of Office Building & Alteration to Warehouse	$55,000	13/01/2015
20150002	2 Clifton Street, CHARLTON	New Building: Verandah	$15,800	13/01/2015
20150003	2-4 Mildura Way, CHARLTON	Alteration: Completion of Addition & Alteration to Dwelling	$5,000	13/01/2015
20150004	19 Mildura Way, CHARLTON	Extension: Addition & Alteration to Verandah & Deck	$35,000	13/01/2015
20150005	42-52 Camp Street, WYCHEPROOF	Alterations: Commercial Kitchen/Kiosk-Removal of Load Bearing Masonry Wall	$14,000	16/01/2015

Permit No.	Address	Project Description	Value	Date Approved
20140114	32 Hall Lane, COONOOER BRIDGE	New Building: Fire Station	$200,000	6/06/2014 (Copy permit received Dec 2014)
20140115	66 High Street, WYCHEPROOF	Re-stump: Re-Stump Dwelling	$14,702	11/12/2014

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 11 February 2015

7.2.2 Rural Advocacy Strategy

Attachment 1 Rural Advocacy Strategy

Rural Advocacy Strategy

Council Plan:

Our Vision: A sustainable Council for a liveable community: A shared journey.

Our Mission: Our mission is to provide a supportive and positive environment enabling the people of Buloke to work to achieve satisfying and productive lives.

Strategic Objective 5: Influencing governments to improve liveability for rural communities.

Actions:

· Develop “minimum service levels” for rural residents for advocacy with Victorian and Commonwealth Governments.

· Utilise collective advocacy in a range of media fora and platforms.

Introduction:

In the recent past, the Buloke Shire Council provided services to its residents that were in excess of the financial capacity of the organisation. This led to a situation whereby the Council became financially unsustainable. In order to address this issue Council has had to reduce the level of services provided to residents to ensure that it can continue to serve its community.

A hard lesson that has been learned during this period of time is that the level of services that can be provided to rural residents is considerably less than those that can be provided to residents in more densely settled areas. This is especially inequitable for residents in large shires with small populations. The lack of availability of these services results primarily from the much higher costs arising for their provision given a range of factors including:

· Lack of economies of scale

· Large distances and time required to deliver services.

· More people with lower incomes and other socio-economic factors.

· A higher proportion of aged people in the population.

· Lack of competition from service providers and suppliers.

· Difficulties in the recruitment of staff and skilled contractors.

· Frequent market failure resulting in premium prices for goods and services.

In revising its Council Plan, the Buloke Shire has taken this difficulty into account and set the above actions to influence governments to improve liveability for rural communities. In order to implement these actions the Council need to address the actions in a co-ordinated strategic manner by developing its Rural Advocacy Strategy.

Strategy:

The strategy to be adopted includes:

· engaging with other municipalities and agencies to advocate on equitable services, and

· mobilising the community to participate in advocacy issues.

It is important that this is done in a measured way with adequate preparation and without simply raising community expectations and then dashing them. Consequently there need to be 2 sets of actions.

Other municipalities and agencies that need to be engaged with are:

ü Rural Councils Victoria (RCV),

ü Municipal Association of Victoria (MAV),

ü Loddon Campaspe Councils,

ü North West Municipalities Association (NWMA),

ü Local Government Victoria (LGV)(Nick Foa),

ü Loddon Mallee Regional Management Forum (RMF),

ü Department of Environment, Land, Water and Planning (includes Local Government and Environment; Adam Fennessy),

ü Department of Economic Development, Jobs, Transport and Resources (includes Agriculture and Regional Development; Richard Bolt),

ü Department of Treasury and Finance (includes Roads; David Martine),

ü Regional Development Australia,

ü Minister for Local Gov (Natalie Hutchins),

ü Minister for Regional Development (Jaala Pulford).

ü Local members of the Victorian Parliament.

ü Local members of the Commonwealth Parliament.

ü Federal Minsters, e.g. Health, Local Government.

The Buloke Community Engagement Strategy includes methods to involve and collaborate with the community in implementing an advocacy strategy such as this. These include using the Community Forums and other community stakeholder groups to involve the community in the issue and then collaborate on advocating for the desired outcome. This would include discussion of Council’s actions and working with the community to plan joint action. It could also include the setting up of a working group to co-ordinate Council and community action.

Action could include articles in local and metropolitan media, a media campaign, working group activities, lobbying of Rural Councils Victoria, MAV, Victorian Government and Commonwealth Government. Undertaking this strategy will cost less than $10,000.

Community stakeholder groups include the Community Forums, sporting groups, senior citizen organisations and Probis groups, progress associations and businesses.

Objective:

A key objective to be sought by this Strategy is to influence a change in funding policies by the Victorian and Commonwealth Governments to provide a more equitable distribution of grant funding structured to enable the sustainable provision of minimum local government service levels to rural Victorians.

Message:

The success of this campaign will be highly dependent on developing a powerful message and selling it consistently over the remainder of the Council term. The message is set out on the attached “Minimum Local Government Service Levels for Victorians”.

Discussion:

Small rural shires have major barriers to their capacity to provide basic services to their residents. These include the factors listed in the introduction to this Strategy as well as small population sizes and a consequent lack of capacity to pay for services. A number of reports have demonstrated this in the past and local government has responded positively by focussing on improving efficiencies, sharing services, innovative service provision and enhanced management. A great deal of progress has been made, and continues to be made, with many of these shires reaching high levels of efficiency but the problem remains.

There comes a time when it becomes apparent the residents of these shires have been left with inferior services and poor community outcomes and liveability. The residents of these shires make a considerable contribution to the nation’s GDP, as well as paying rates, income tax and GST the same as their metropolitan colleagues but do not receive the minimum level of services. This is clearly inequitable.

This situation reflects poorly on the Victorian Local Government Sector, as the small rural municipalities created at amalgamation are not financially sustainable under the current funding models if they are to deliver a reasonable standard services to their constituents.

The Local Government Act requires councils to “work in partnership with the Governments of Victoria and Australia” in order to “.. achieve the best outcomes for the local community” and to “.. improve the overall quality of life of the people in the municipal district.” This responsibility is not being met by these partners under the current fiscal arrangements.

The Whelan report into Local Government financial sustainability in 2010 found that “A permanent, adequate, annual operating entitlement” was required to enable eighteen small rural councils in Victoria to remain financially viable (page 18, abridged report) . This report proposed a recurrent annual payment to these councils of $27 mill, with Buloke’s “entitlement” being $1.98 mill.

The Victorian Auditor-General’s Report of June 2013 on the “Organisational Sustainability of Small Councils” noted the increasing reliance of small shires on government grants. It also noted that “own-source revenue”, e.g. rates and charges, continued to decrease in proportion to the overall budgets of the small councils concerned (page viii, Findings). This trend is further evidence of the continued deterioration of the financial sustainability of small rural councils.

The provision of Financial Assistance Grants under the current structural arrangements, even when these are not frozen, is not sufficient to address the disadvantage faced by small rural shires so that the minimum level of services can be provided by sustainable councils.

What this advocacy strategy seeks to do is not to suggest the changes and solutions that might remedy the problem but to seek agreement to the concept that all Victorians, including the residents of small rural shires, are worthy of a specific minimum set of service levels. It is not until agreement on this can be reached that the methods of achieving this outcome can be formulated.

Action Plan:

Suggested work plan as follows:

1. Strategy to Briefing on 4 February and then to Council on 11 February.

2. Develop media campaign in conjunction with this action plan.

3. “Minimum Local Government Service Levels for Victorians” document to RCV, MAV, RMF , NWMA, Loddon Camaspe Councils and LGV as follows:

a. Mayor and CEO to present “Minimum Local Government Service Levels for Victorians” to Loddon Campaspe Councils at meeting featuring Sustainability of local government on 2 Feb.

b. CEO to present “Minimum Local Government Service Levels for Victorians” to Wimmera Mallee CEOs at their meeting on 12 February.

c. Councillors and CEO to present “Minimum Local Government Service Levels for Victorians” to MAV at the meeting on 18 February.

d. Mayor and Acting CEO to present “Minimum Local Government Service Levels for Victorians” to NWMA on 27 February.

e. Mayor and CEO to present “Minimum Local Government Service Levels for Victorians” to RCV at its meeting of 13 March.

f. CEO to present “Minimum Local Government Service Levels for Victorians” to RMF at its meeting in March.

g. Mayor and CEO to present “Minimum Local Government Service Levels for Victorians” to Nick Foa at a meeting in Melbourne in March.

4. Hold Community Forum Summit in February/March to discuss Council Plan and “Minimum Local Government Service Levels for Victorians”.

5. CEO and Mayor to attend sporting groups, senior citizen organisations and Probus groups, progress associations and business groups over remainder of year commencing in March/April.

6. Letters to Regional Development Australia, Adam Fennessy, Richard Bolt and David Martine in April signed by the Mayor, with follow up phone calls to each from the CEO.

7. Contact small rural municipalities to assess interest and possible actions.

8. Invite local members of Parliament to briefing sessions to discuss the issue with Councillors over the 2015 calendar year.

9. Set up community working group in May and develop an action plan.

10. Develop a RCV working group to take issue to Commonwealth Government.

11. Mayor and CEO to meet with the Victorian Minister for Local Government in Melbourne in July 2015.

12. Mayor and CEO to accompany RCV delegation to meet with the Commonwealth Minister for Local Government in Canberra in September.

Minimum Local Government Service Levels for Victorians

All Victorians should have access to levels of service that enable liveability and safety. Victorians pay income tax, GST and rates and are entitled to a level of reciprocity in the service levels they receive.

The services set out in this document detail a minimum set to be provided by local government for their communities. Most communities will have levels in excess of these but none should fall below them.

- A responsive and effective municipal council.

- All weather access roads to all inhabited residences.

- A road network that meets the needs of local industry.

- Kerbside waste and recycling services for all townships over 50 people

- Urban drainage systems to cope with a minimum 20 year rainfall event

- Footpaths to safety standards in the central business, hospital and school areas

- Access to public facilities including

o Recreation Reserve

o Functional Meeting Space

o Park and playground

o Public toilet

o Swimming pool

- Immunisation for children on a monthly basis

- Local statutory and strategic planning services

- Environmental health enforcement

- Enforcement of Local Laws and building regulations

- School crossing supervision on major roads

- Community planning on a community (town) basis

- One hour of HACC services every 2 weeks for eligible clients, e.g. domestic assistance, personal care or respite care.

- Weekly access to library books and services within a 50 km distance.

- Maternal and Child Health Services in in all towns over 500 people.

- Access to an annual youth event.

- Transport to essential appointments for frail aged people.

- Meals on Wheels

- Child care and kindergarten services in all towns over 500 people.

- Municipal emergency services

- Access to business development information and support.

Small rural shires have major barriers to their capacity to provide basic services to their residents. These include:

· Lack of economies of scale

· Large distances and time required to deliver services.

· More people with lower incomes and other socio-economic factors.

· A higher proportion of aged people in the population.

· Lack of competition from service providers and suppliers.

· Difficulties in the recruitment of staff and skilled contractors.

· Frequent market failure resulting in premium prices for goods and services.

· Small population sizes and a consequent lack of capacity to pay for services.

To address these issues, local government has focussed positively on improving efficiencies, sharing services, innovative service provision and enhanced management. A great deal of progress has been made, and continues to be made, with many of these shires reaching high levels of efficiency but the lack of sustainability of small rural shires remains.

Despite these efforts it is apparent the residents of these shires have inferior services and poor community outcomes and liveability. The residents of these shires make a considerable contribution to the nation’s GDP, as well as paying rates and taxes, the same as their metropolitan colleagues, but do not receive the minimum level of services. This is clearly inequitable.

The provision of Financial Assistance Grants under the current structural arrangements is not sufficient to address the disadvantage faced by small rural shires so that the minimum level of services can be provided if the shires are to remain sustainable.

What this document seeks to do is not to suggest the changes and solutions that might remedy the problem but to seek agreement to the concept that all Victorians, including the residents of small rural shires, are worthy of a specific minimum set of service levels. It is not until agreement on this can be reached that the methods of achieving this outcome can be formulated.

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 11 February 2015

7.2.3 Revised Council Plan

Attachment 1 Draft Revised Council Plan 2015 - 2019

Draft Revised Council Plan

2015 – 2019

Where to Contact Us

Wycheproof District Office

367 Broadway, Wycheproof, Victoria, 3527

Hours: 8.30 am – 5 pm, Monday to Friday

General Enquiries

Phone: 1300 520 520

Email: buloke@buloke.vic.gov.au

Postal Address

P O Box 1

Wycheproof Vic 3527

Contents

Glossary of Terms 4

Preamble_ 4

What is the Council Plan? 5

How We Revised the Plan_ 5

How Does the Council Plan Fit in? 6

Draft Council Plan 2015-2019_ 7

Our Vision ___________________________________________________________________________ 7

Our Mission__________________________________________________________________________ 7

Our Values___________________________________________________________________________ 7

Objectives and Strategies for 2015 - 2019_ 7

Strategic Objective 1: Delivering our services in a financially sustainable way_ 8

Strategic Objective 2: Engaging with, and facilitating our community to identify and meet its needs. 9

Strategic Objective 3: Supporting and enhancing our local economy_ 10

Strategic Objective 4: Working with the community and relevant agencies and groups to enhance and protect our natural environment 11

Strategic Objective 5: Influencing governments to improve liveability for rural communities 11

Strategic Objective 6: An organisation that is responsibly governed and values and supports the development of its people_ 12

Strategic Resource Plan 2015 – 2019_ 13

Introduction_ 13

Financial resources 14

Financial performance indicators 15

Non-financial resources 16

Financial statements 18

List of Council Plans available to the Community (As at 30 June 2013) 22

List of Community Plans (as at 30 June 2013) 23

Buloke Shire – Wards and Councillors 24

Glossary of Terms

COUNCIL PLAN (Strategic Plan)

(Required under the Local Government Act 1989)

Defines Council’s strategy, direction, and the framework within which it makes decisions on allocating its resources to pursue this strategy.

VISION, MISSION AND VALUES

(GUIDING PRINCIPLES)

General statements that define and guide the work that Council undertakes and the future it aspires to.

STRATEGIC OBJECTIVES

(WHAT WE WANT TO ACHIEVE)

High-level statements of the future the Council is aspiring to achieve.

STRATEGIES

(HOW WE WILL ACHIEVE THE STRATEGIC OBJECTIVES)

Programs, projects, plans or activities which must be accomplished in order to achieve a stated strategic objective.

ACTIONS

Actions Council believes need to be taken to achieve the stated strategies.

STRATEGIC INDICATORS

How we will measure progress in achieving the strategic objectives.

STRATEGIC RESOURCE PLAN (SRP)

(Required under the Local Government Act 1989)

Outlines the resources required to achieve Council's commitments as detailed in the Council's Plan.

MUNICIPAL STRATEGIC STATEMENT (MSS)

(Required under the Planning and Environment Act 1987)

Outlines objectives for the future development and management of land in the municipality, and sets out strategies to achieve these objectives.

HEALTH & WELLBEING PLAN

(Required under the Public Health and Wellbeing Act 2008)

Outlines goals and actions that guide Council in creating a local community in which people can achieve maximum health and wellbeing.

Preamble

The Buloke Shire Council Plan 2013-2017 was adopted by Council with the proviso that it would be regularly updated; especially if significant changes were to occur within the Council or its environment. Council responded to its deteriorating financial position by adopting a budget for 2014 – 15 that focussed on sustainability; reducing expenditure and services to enable the Council to become financially viable into the future. Further necessary expenditure reductions for 2015 – 16 were also identified at that time.

The budget changes of 2014 – 15 and those identified for 2015 – 16 clearly showed the need for Council to re-assess its vision, mission and strategies for the coming years. Consequently a comprehensive revision of the Council Plan was needed to articulate Council’s new focus and provide consistency for its future actions and strategies.

The revised Plan is based on a 4 year planning horizon in line with the requirements of the Act and Council’s Strategic Resource Plan. It is acknowledged that following the Local Government elections due in October 2017 a new Council will be required to develop a Plan for 2017 – 21 to replace this revised Plan. In the meantime the revised Plan gives Council a meaningful planning time frame and guidance for its strategic activity and budgeting processes.

What is the Council Plan?

The Buloke Council Plan 2015 – 2019 is Council’s revised four-year Plan. This revision takes into account the necessity to tailor our investments and expenditures to meet the restricted resources available to us as a community. The revised Plan is good business practice and an essential element of good governance.

This Plan includes:

· a statement of desired future (four-year) development of the Shire

· a statement of the vision, mission and values Council sees as the building blocks of the Plan

· a description of the Shire’s population and drivers of change

· a statement of goals, strategic objectives and priorities (action plans) under the following five themes:

− Financial Sustainability

− Our Community

− Our Economy

− Our Natural Environment

− Rural Liveability

− Our People

· The Strategic Resources Plan for the next ten years.

How We Revised the Plan

Council receives input and feedback from residents, stakeholders and other levels of Government on a regular basis through a range of sources and interactions both formal and informal. In some cases these processes involve the whole community, while in others cases they involve key stakeholder groups.

Councillors and Council are also ongoing participants in a wide range of meetings to discuss community aspirations, future strategies, the strengths and weaknesses of current policies and initiatives and future Commonwealth and Victorian Government directions. Examples of this engagement with the community, individuals and stakeholders include:

· review of the community plans that have been developed by each of the principal communities that make up the Shire (Charlton, Birchip, Berriwillock, Culgoa, Donald, Nullawil, Nandaly, Sea Lake, Watchem and Wycheproof)

· regular attendance at township forums and progress associations across the Shire

· regular briefings by representatives from township forums, progress associations, Chambers of Commerce and Industry, sporting clubs, committees of management, service clubs and a wide range of other organisations and individuals at monthly meetings advertised to precede Ordinary Council Meetings

· ‘Fire Shed’ meetings with farm-based families to discuss local needs, local conditions and wellbeing

How Does the Council Plan Fit in?

Council takes an integrated approach to planning and reporting on its performance, which means there is consistency and alignment of plans so council can work towards long-term goals through its ongoing decision making and operations.

This approach also builds in opportunities for review and renewal to ensure council is responding to what the community is saying and to shifts in the external environment.

The following illustration shows how Council’s plans are linked and reinforce each other.

Draft Council Plan 2015-2019

Our Vision:

A sustainable Council for a liveable community

Our Mission:

Our mission is to work with the people of Buloke to provide a supportive and positive environment enabling them to work to achieve satisfying and productive lives.

Our Values:

Council address its key values through:

· Constructive engagement.

· Good communication.

· Transparency in decision making.

· Accountability for actions.

· A collaborative approach working with partners.

· Taking responsibility.

· Representation of the community and its needs.

· Being responsive and timely.

Objectives and Strategies for 2015 - 2019

STRATEGIC OBJECTIVE

STRATEGIES

1. Delivering our services in a financially sustainable way

1. Achieve the adopted Budget 14/15 and the proposed 15/16 Budget.

2. Monitor service delivery to ensure we are meeting the proposed new service levels.

3. Adopt increasing surplus budgets over the life of the Council Plan.

2. Engaging with, and facilitating our community to identify and meet its needs

1. Adopt and implement the Buloke Community Engagement Strategy.

2. Identifying community needs to inform service planning.

3. Support and assist volunteer participation in our Shire.

4. Implement and annually review the Municipal Public Health and Wellbeing Plan.

5. Enhance the strategic planning, development and management of Council’s physical assets and infrastructure.

3. Supporting and enhancing our local economy

1. Implement the Buloke Shire Economic Development Strategy and report to the community on an annual basis.

2. Facilitate the provision of infrastructure to grow the economic development of the community

4. Working with the community and relevant agencies and groups to enhance and protect our natural environment

1. Implement the Buloke Waste Management Strategy.

2. Undertake a strategic review of Council’s gravel pits.

3. Review the Roadside Vegetation Management Plan.

4. Identify and implement environmentally sustainable projects.

5. Influencing governments to improve liveability for rural communities

1. Engage with other municipalities / agencies to advocate on equitable services.

2. Mobilise the community to participate in advocacy issues.

6. An organisation that is responsible governed and values and supports the development of its people

1. Adopt and implement the Buloke Organisational Development Strategy.

2. Action relevant audit reports.

3. Monitor governance processes and practices.

Strategic Objective 1: Delivering our services in a financially sustainable way

Strategies – how we’re going to achieve our objectives

1.1 Achieve the adopted Budget 14/15 and the proposed 15/16 Budget

Actions

· Ensure monthly financial performance reports are prepared and presented at every Ordinary Council Meeting for monitoring and review

· Identify, develop, implement and monitor the practical actions necessary to achieve the service area savings adopted in the budget

1.2 Monitor service delivery to ensure we are meeting the proposed new service levels.

Actions

· Conduct and review Community Satisfaction Survey to monitor service delivery to the community.

· Monitor performance reporting framework measures to ensure service levels are being met.

1.3 Adopt increasing surplus budgets over the life of the Council Plan.

Actions

· Ensure that every Budgeted Statement of Cash Flow as contained in adopted Budgets has a net increase in cash and cash equivalents for each financial year

· Ensure that every Budgeted Comprehensive Income Statement as contained in adopted Budgets reflects a surplus for the full financial year.

Strategic Indicators

· Budgeted Comprehensive Income Statement Surplus is greater than zero.

· Budgeted Statement of Cash Flow net increase is cash flows is greater than zero.

Strategic Objective 2: Engaging with, and facilitating our community to identify and meet its needs.

Strategies – how we’re going to achieve our objectives

2.1 Adopt and implement the Buloke Community Engagement Strategy.

Actions

· Ensure all council identified topics that impact the community utilise the most appropriate engagement method and schedule an engagement program.

2.2 Identifying community needs to inform service planning.

Actions

· Identify current service levels and utilise appropriate engagement methods to collect and compare data within reportable timeframes.

2.3 Support and assist volunteer participation in our Shire.

Actions

· Support and recognise existing volunteers whilst strengthening volunteer support networks.

2.4 Implement the Municipal Public Health and Wellbeing Plan (PH&WB).

Actions

· In the annual report demonstrate that the five priorities of the plan and their relevant initiatives are being met in the designated timeframes.

2.5 Enhance the strategic planning, development and management of our physical assets and infrastructure.

Actions

· Review and implement Council’s Asset Management Policy, Strategy and Plans

· Review, develop and deliver a strategic ten year capital works program based on key strategic facility reviews, community plans and condition assessments.

Strategic Indicators

· Community Satisfaction Survey

· The PH&WB evaluation tool

· Achievement of the ten year capital works program

Strategic Objective 3: Supporting and enhancing our local economy

Strategies – how we’re going to achieve our objectives

3.1 Implement the Buloke Shire Economic Development Strategy

Actions

· Measure our annual, short term and long term success with the Economic Development strategy actions and advocacy outcomes.

3.2 Facilitate the provision of infrastructure to grow the economic development of the community

Actions

· Seek funding to develop a town beautification and streetscape improvement program in Donald, Birchip, Sea Lake, Charlton and Wycheproof.

· Conduct annual reviews of Council’s Road Management Plan in order to provide a sustainable road network that facilitates movement to key commodity receival sites.

· Undertake a Rural Land Use Strategy

Strategic Indicators

· Adoption of a Rural Land Use Strategy

· Funding for streetscape received

· Growth in economic output from Buloke

Strategic Objective 4: Working with the community and relevant agencies and groups to enhance and protect our natural environment

Strategies – how we’re going to achieve our objectives

4.1 Implement the Buloke Waste Management Strategy.

Actions

· Implement the adopted future directions from the Waste Management Strategy and report annually on waste management services over the life of the Council Plan

4.2 Undertake a strategic review of Council’s gravel pits.

Actions

· Complete a formal review of Council’s existing gravel pits and develop an action plan for each individual gravel pit.

4.3 Review the Roadside Vegetation Management Plan.

Actions

· Review, adopt and implement the Roadside Vegetation Management Plan

4.4 Identify and implement environmentally sustainable projects

Actions

· Conduct a review of the most utilised public buildings and reserves to identify opportunities for energy and water saving initiatives.

· Actively incorporate the Environmental Sustainable Design Guide for Office and Public Buildings when planning and delivering our capital works program.

Strategic Indicators

· Reduction in energy consumption from non-renewable sources and reduction in use of potable water supplies.

· Roadside Vegetation Management Plan adopted by Council by 30 June 2015

· Strategic pit review completed and action plan established for each gravel pit by 30 December 2015

Strategic Objective 5: Influencing governments to improve liveability for rural communities

Strategies – how we’re going to achieve our objectives

5.1 Engage with other municipalities and agencies to advocate on equitable services.

Actions

· Develop “minimum service levels” for rural residents for advocacy with Victorian and Commonwealth Governments.

5.2 Mobilise the community and rural Councils to participate in advocacy issues.

Actions

· Utilise collective advocacy in a range of media fora and platforms

Strategic Indicators

· Adoption of “minimum service levels” in consultation with our community.

· Advocate “minimum service levels” to other levels of government.

Strategic Objective 6: An organisation that is responsibly governed and values and supports the development of its people

Strategies – how we’re going to achieve our objectives

6.1 Endorse and implement the Buloke Organisational Development Strategy

Actions

· Take Organisational Development Strategy to Council Briefing

· Implement and promote the Organisational Development Strategy within the organisation

6.2 Action relevant audit reports

Actions

· Complete the annual internal audit schedule adopted by the Audit Advisory Committee (AAC)

· Respond to all formal audits undertaken by the Victorian Auditor-General’s Office (VAGO) by the due dates established by VAGO

· Provide management responses to all recommendations arising from all audits undertaken by the Council’s appointed Internal Auditors by the due date

6.3. Monitor governance processes and practices

Actions

· Report to Council on governance review processes and practices

Strategic Indicators

· All VAGO audits responded to by the due dates established by VAGO

· All Internal Audit Review recommendations responded to by management by the due date

· Development of Organisational Development Strategy action plan

Strategic Resource Plan 2015 – 2019

Introduction

Under the Local Government Act 1989 (the Act), Council is required to prepare a forward financial plan covering both financial and non-financial resources, and including key financial indicators for at least the next four financial years to support the Council Plan.

Council has prepared a five year Financial Plan for the period 2014/15 to 2018/19 as part of its ongoing financial planning to assist in adopting a budget within a longer term framework.

The key objective, which underlines the development of the Plan, is financial sustainability in the medium to long term, while still achieving Council’s strategic objectives as specified in the Council Plan.

The financial plan for 2015 – 2019 is based on the following key strategies aimed at ensuring the long-term viability and amenity of the Shire:

® To increase revenue from rates and charges over the period of the Plan by a minimum of 6.0% per annum.

® To increase revenue from fees, fines and charges of 2.5% p.a. (CPI) in 2014/15 and continuing at this level for the remainder of the Plan or in line with cost increases or market levels as appropriate.

® To reduce staff costs, with a particular focus on achieving these reductions in the first 2 years of the Plan.

® To base forward capital works funding projections only on known funding sources.

® In preparing the Plan, Council has also been mindful of the need to comply with the following Principles of Sound Financial Management as contained in the Act:

o Prudently manage financial risks relating to debt, assets and liabilities

o Provide reasonable stability in the level of rate burden

o Consider the financial effects of Council decisions on future generations

o Provide full, accurate and timely disclosure of financial information.

The Plan will be updated on a continuous basis as circumstances and opportunities change, new funding programs announced and the success of current and future grant applications are confirmed.

Financial resources

The following table summarises the key financial results for the next five years as set out in the SRP for years 2014/15 to 2018/19. Appendix A includes a more detailed analysis of the financial resources to be used over the four year period.

	Budget	Strategic Resource Plan				Trend
		Projections
Indicator	2014/15	2015/16	2016/17	2017/18	2018/19	+/o/-
	$’000	$’000	$’000	$’000	$’001
Surplus/(deficit) for the year	949	1,956	2,290	2,818	3,382	+
Adjusted underlying result	(5,140)	(2,186)	(1,852)	(1,324)	(760)	+
Cash and investments balance	15	2,278	5,845	9,996	14,711	+
Cash flows from operations	8,774	8,780	9,879	10,463	11,029	+
Capital works expenditure	7,783	6,000	6,000	6,000	6,000	o

Key to Forecast Trend:

+ Forecasts improvement in Council's financial performance/financial position indicator

o Forecasts that Council's financial performance/financial position indicator will be steady

- Forecasts deterioration in Council's financial performance/financial position indicator

The following graph shows the general financial indicators over the five year period.

The key outcomes of the SRP are as follows:

· Financial sustainability – Councils cash position will improve over the life of the plan, which indicates a balanced budget on a cash basis in each year

· Rating levels – Rate increases are forecast over the five years at an average of 6.0%, as well as full cost recovery for kerbside garbage and recycling charges.

· Borrowing strategy – Borrowings increase to $7.0 million in 2014/15 with an interest only loan over a period of five years.

· Service Reviews - Reviews of services will result in budget savings of $1.28 million in 2014/15 and totalling $4 million p.a. in subsequent years.

Financial performance indicators

The following table highlights Council’s current and projected performance across a range of key financial performance indicators. These indicators provide a useful analysis of Council’s financial position and performance and should be used in the context of the organisation’s objectives.

				Strategic Resource Plan
Indicator	Measure	Note	Budget	Projections				Trend
			2014/15	2015/16	2016/17	2017/18	2018/19	+/o/-
*Operating position*
Adjusted underlying result	Adjusted underlying surplus (deficit) / Adjusted underlying revenue	1	-27%	-11%	-9%	-6%	-3%	+
*Liquidity*
Working Capital	Current assets / current liabilities	2	29%	99%	199%	312%	437%	+
Unrestricted cash	Unrestricted cash / current liabilities		-24%	59%	158%	270%	394%	+
*Obligations*
Loans and borrowings	Interest bearing loans and borrowings / rate revenue	3	63%	58%	55%	52%	49%	+
Loans and borrowings	Interest and principal repayments on interest bearing loans and borrowings / rate revenue		10%	4%	3%	2%	2%	+
Indebtedness	Non-current liabilities / own source revenue		69%	66%	62%	59%	56%	+
Asset renewal	Asset renewal expenditure / depreciation	4	52%	82%	82%	82%	82%	o
*Stability*
Rates concentration	Rate revenue / adjusted underlying revenue	5	60%	61%	62%	63%	64%	o
Rates effort	Rate revenue / CIV of rateable properties in the municipality		1%	1%	1%	1%	1%	o
*Efficiency*
Expenditure level	Total expenditure / no. of property assessments		$3,920	$3,530	$3,570	$3,620	$3,700	+
Revenue level	Residential rate revenue / No. of residential property assessments		$765	$801	$841	$888	$932	-
Workforce turnover	No. of permanent staff resignations & terminations / average no. of permanent staff for the financial year		18.0%	15.0%	10.0%	10.0%	10.0%	+

Key to Forecast Trend:

+ Forecasts improvement in Council's financial performance/financial position indicator

o Forecasts that Council's financial performance/financial position indicator will be steady

- Forecasts deterioration in Council's financial performance/financial position indicator

Notes to indicators

1 Adjusted underlying result – An indicator of the sustainable operating result required to enable Council to continue to provide core services and meet its objectives. Improvement in financial performance expected over the period, although continued losses means reliance on debt in the short to medium term. A negative result indicates that insufficient revenue is being generated to fund operations and asset renewal.

2 Working Capital – The proportion of current liabilities represented by current assets. Working capital is forecast to improve significantly in 2014/15 year due to the taking of a loan. The trend in later years is to continually improve. A result less than 100% indicates there is insufficient current assets to cover liabilities.

3 Debt compared to rates - Trend indicates Council's initial reliance on debt to manage its cash position. A figure greater than 60% is generally considered as representing a risk over councils ability to repay debt from own-source revenue.

4 Asset renewal - This percentage indicates the extent of Council's renewals against its depreciation charge (an indication of the decline in value of its existing capital assets). A percentage greater than 100 indicates Council is maintaining its existing assets, while a percentage less than 100 means its assets are deteriorating faster than they are being renewed and future capital expenditure will be required to renew assets.

5 Rates concentration - Reflects extent of reliance on rate revenues to fund all of Council's on-going services. Trend indicates Council will continue to be reliant on rate revenue compared to all other revenue sources.

Non-financial resources

In addition to the financial resources to be consumed over the planning period, Council will also consume non-financial resources, in particular human resources. A summary of Council’s anticipated human resources requirements is shown below and further detail is included in this section.

Budgeted Statement of Human Resources

For the five years ending 30 June 2019

	Budget	Strategic Resource Plan
		Projections
	2014/15	2015/16	2016/17	2017/18	2018/19
	$’000	$’000	$’000	$’000	$’000
Staff expenditure
Employee costs - operating	10,135	9,029	9,255	9,486	9,724
Employee costs - capital	235	250	250	250	250
Total staff expenditure	10,370	9,279	9,505	9,736	9,974

	EFT	EFT	EFT	EFT	EFT
Staff numbers
Total staff numbers	133.6	115	115	115	115

Employee costs

Employee costs include all labour related expenditure such as wages and salaries and on-costs such as allowances, leave entitlements, employer superannuation, rostered days off, etc.

A summary of the number of full time equivalent (FTE) Council staff in relation to the above expenditure is included below:

		Comprises
Department	Budget FTE	Permanent Full time	Permanent Part Time
Asset & Infrastructure	15.5	14	1.5
Community Services	19.2	6	13.2
Corporate Services	12.4	10	2.4
Finance & Governance	21.4	20	1.4
Works & Construction	54.5	51	3.5
Total permanent operating staff	123	101	22
Casuals and other	7.6
Total Capital works staff	3	3
Total staff	133.6

A summary of human resources expenditure categorised according to the organisational structure of Council is included below:

		Comprises
Department	Budget 2014/15 $’000	Permanent Full time $’000	Permanent Part Time $’000
Asset & Infrastructure	1,236	1,116	120
Community Services	1,414	494	920
Corporate Services	1,044	817	227
Finance & Governance	2,032	1,881	151
Works & Construction	3,881	3,558	323
Total permanent staff expenditure	9,607	7,866	1,742
Casuals and other expenditure	528
Total operating expenditure	10,135
Capital expenditure	235
Total expenditure	10,370

Financial statements

Budgeted Comprehensive Income Statement

For the five years ending 30 June 2019

	Budget	Strategic Resource Plan Projections
	2014/15	2015/16	2016/17	2017/18	2018/19
	$'000	$'000	$'000	$'000	$'000

Income
Rates and charges	11,453	12,102	12,788	13,515	14,284
Statutory fees and fines	84	86	88	90	93
User fees	744	762	781	801	821
Contributions - cash	110	132	132	132	132
Contributions - non-monetary assets	-	-	-	-	-
Grants - operating (recurrent)	6,653	6,682	6,682	6,849	7,020
Grants - operating (non-recurrent)	12	13	13	14	14
Grants - capital (recurrent)	1,000	1,000	1,000	1,000	1,000
Grants - capital (non-recurrent)	4,969	3,000	3,000	3,000	3,000
Net gain on disposal of property, infrastructure and equipment	10	10	10	10	10
Other income	284	235	242	249	257
Total Income	25,319	24,022	24,737	25,660	26,630

Expenses
Employee benefits	(10,135)	(9,029)	(9,255)	(9,486)	(9,724)
Materials and services	(5,785)	(4,600)	(4,738)	(4,880)	(5,027)
Bad and doubtful debts	(11)	(11)	(11)	(11)	(12)
Depreciation and amortisation	(7,334)	(7,334)	(7,332)	(7,330)	(7,328)
Finance costs	(376)	(339)	(337)	(337)	(337)
Other expenses	(729)	(751)	(774)	(797)	(821)
Total Expenses	(24,370)	(22,065)	(22,447)	(22,842)	(23,248)
Surplus (deficit) for the year	949	1,956	2,290	2,818	3,382

Other comprehensive income
Other	-	-	-	-	-
Comprehensive result	949	1,956	2,290	2,818	3,382

Buloke Shire Council Ordinary Meeting Wednesday, 11 February 2015

7.2.3 Revised Council Plan

Attachment 1 Draft Revised Council Plan 2015 - 2019

Budgeted Balance Sheet

For the five years ending 30 June 2019

	Budget	Strategic Resource Plan Projections
	2014/15	2015/16	2016/17	2017/18	2018/19
	$'000	$'000	$'000	$'000	$'000

Current assets
Cash and cash equivalents	15	2,278	5,844	9,995	14,711
Trade and other receivables	1,223	1,208	1,236	1,281	1,326
Financial assets	-	-	-	-	-
Other assets	151	151	151	151	151
Total current assets	1,389	3,637	7,231	11,426	16,188

Non-current assets
Trade and other receivables	186	186	186	186	186
Property, infrastructure, plant and equipment	181,335	179,986	178,639	177,294	175,951
Total non-current assets	181,521	180,172	178,825	177,480	176,137
Total assets	182,910	183,809	186,056	188,906	192,325

Current liabilities
Trade and other payables	2,335	1,480	1,438	1,471	1,507
Interest-bearing loans and borrowings	203	-	-	-	-
Provisions	2,194	2,194	2,194	2,194	2,194
Total current liabilities	4,732	3,674	3,632	3,665	3,701

Non-current liabilities
Other payables	-	-	-	-	-
Interest-bearing loans and borrowings	7,000	7,000	7,000	7,000	7,000
Provisions	1,535	1,535	1,535	1,535	1,535
Total non-current liabilities	8,535	8,535	8,535	8,535	8,535
Total liabilities	13,267	12,209	12,167	12,200	12,236

Net assets	169,643	171,599	173,889	176,706	180,088

Equity
Accumulated surplus	83,596	85,552	87,842	90,659	94,041
Asset revaluation reserve	86,047	86,047	86,047	86,047	86,047
Other reserves	-	-	-	-	-
Total equity	169,643	171,599	173,889	176,706	180,088

Budgeted Statement of Cash Flows

For the five years ending 30 June 2019

	2014/15	2015/16	2016/17	2017/18	2018/19
	$'000	$'000	$'000	$'000	$'000
	Inflows (Outflows)	Inflows (Outflows)	Inflows (Outflows)	Inflows (Outflows)	Inflows (Outflows)

Cash flows from operating activities
Receipts
Rates and charges	11,440	12,103	12,768	13,485	14,253
Grants - operating	6,665	6,696	6,685	6,848	7,019
Grants - capital	5,969	4,001	3,994	3,991	3,991
Interest	50	53	56	59	63
User fees	712	762	780	799	819
Statutory fees and fines	115	86	88	90	92
Other revenue	471	314	317	321	325
	25,422	24,015	24,688	25,593	26,563
Payments
Employee benefits	(10,134)	(9,566)	(9,281)	(9,466)	(9,701)
Materials and consumables	(5,785)	(4,874)	(4,752)	(4,870)	(5,015)
External contracts	-	-	-	-	-
Utilities	-	-	-	-	-
Other expenses	(729)	(796)	(776)	(795)	(819)
	(16,648)	(15,235)	(14,809)	(15,131)	(15,535)
Net cash provided by operating activities	8,774	8,780	9,879	10,463	11,029

Cash flows from investing activities
Proceeds from sales of property, plant and equipment	10	25	25	25	25
Repayment of loans and advances	-	-	-	-	-
Deposits	-	-	-	-	-
Payments for property, plant and equipment	(10,465)	(6,000)	(6,000)	(6,000)	(6,000)
Net cash used in investing activities	(10,455)	(5,975)	(5,975)	(5,975)	(5,975)

Cash flows from financing activities
Finance costs	(376)	(339)	(337)	(337)	(337)
Proceeds from Financial Assets	-	-	-	-	-
Payments for Financial Assets	-	-	-	-	-
Proceeds from borrowings	7,000	-	-	-	-
Repayment of borrowings	(782)	(203)	-	-	-
Net cash provided by (used in) financing activities	5,842	(542)	(337)	(337)	(337)
Net increase (decrease) in cash and cash equivalents	4,161	2,263	3,567	4,150	4,716
Cash and cash equivalents at beg of year	(4,146)	15	2,278	5,844	9,995
Cash and cash equivalents at end of year	15	2,278	5,844	9,995	14,711

Budgeted Statement of Capital Works

For the five years ending 30 June 2019

	Budget	Strategic Resource Plan Projections
	2014/15	2015/16	2016/17	2017/18	2018/19
	$'000	$'000	$'000	$'000	$'000

Capital works areas
Land	-	-	-	-	-
Land improvements	-	-	-	-	-
Buildings	819	-	-	-	-
Building improvements	-	700	700	700	700
Leasehold improvements	-	-	-	-	-
Heritage buildings	-	300	300	300	300
Plant, machinery and equipment	760	760	760	760	760
Fixtures, fittings and furniture	150	150	150	150	150
Computers and telecommunications	-	500	500	500	500
Heritage plant and equipment	-	-	-	-	-
Library books	-	-	-	-	-
Roads	1,494	3,590	3,590	3,590	3,590
Bridges	485	-	-	-	-
Footpaths and cycle ways	94	-	-	-	-
Drainage	1,675	-	-	-	-
Rec, leisure and community facilities	-	-	-	-	-
Waste management	-	-	-	-	-
Parks, open spaces and streetscape	-	-	-	-	-
Aerodromes	10	-	-	-	-
Off street car parks	-	-	-	-	-
Other infrastructure	36	-	-	-	-
Kerb and Channel	87	-	-	-	-
Landfill	190	-	-	-	-
Saleyards	99	-	-	-	-
Carry Forwards	1,028	-	-	-	-
Total capital works	6,927	6,000	6,000	6,000	6,000

Represented by:
Asset renewal	3,845	6,000	6,000	6,000	6,000
New assets	1,967	-	-	-	-
Asset expansion	-	-	-	-	-
Asset upgrade	1,115	-	-	-	-
Total capital works	6,927	6,000	6,000	6,000	6,000

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 11 February 2015

7.2.5 Organisation Development Strategy

Attachment 1 Organisation Development Strategy

Organisation Development Strategy Framework

This plan is a mixture of Organisation Development (“OD”) and Human Resource Management (“HRM”)

The difference:

OD = A series of planned interventions designed to bring about significant improvements in organisational effectiveness.

HRM = A function designed to maximise employee performance in meeting the employer's strategic objectives. HR is primarily concerned with how people are managed focusing on policies and systems, and the process of hiring and developing employees so that they become more valuable to the organisation.

1. Line of sight to Business Direction

The key people strategy issues Council will need to work on in order to effectively deliver on Business and Council Plans.

Strategic Pressures facing Council

Strategic response to these pressures

People-related impact

Focus for the People Strategy

Rising community expectations of service delivery resulting in resource pressures.

Higher cost of service delivery and budget pressure.

Public scrutiny and increased reporting requirements.

Higher workforce expectations of quality of work-life.

Difficulty in skills attraction and/or retention related to geographical location.

Review of plant and equipment.

Provision of safe systems of work.

Budget action plan that will see a return to a sustainable budget within 2 years.

Flexible, customer-focused service delivery.

Continuous improvement of information technology and information sharing.

Build organisational ability to attract and retain talented staff.

Development of existing staff for future roles.

Review light fleet needs of the Council, including the management of the fleet.

Identification of OHS risks.

Need to align employees with the business direction and values.

Develop values and behaviours that reflect an inclusive, open and innovative culture and that can be demonstrated by all employees.

Need for effective and efficient up-skilling processes.

Strong leadership and management.

Good governance: financially viable and accountable organisation.

Work environment that attracts, engages and retains staff.

The review of the structure of the organisation, location of work places and equipment.

Revision of how benefits are treated within salary packages.

Training and Development for all employees.

Management training in managing injured employees.

An inclusive, open and innovative culture based on a sharing team orientated culture.

HR’s role becomes strategic and customer/development-focused rather than ‘administrative and enforcement’ focused.

Leaders role is building strong relationships and creating a work environment that engages staff.

Succession Planning, Long term workforce planning.

Attraction rather than recruitment:

q lateral sourcing of staff

q differentiate Council ’ brand’

q on-boarding

q passive recruitment

q Exploration of shared services across councils.

Regular analysis of the workforce.

2. Areas of focus for the Organisational Development Strategy Framework

Efforts will be focused on six critical areas that will help to reach the desired changes to the organisation.

PRIORITIES

Critical Area objective	2014/15	2015/16	2016/17	Desired Future State
Attraction
Develop a reputation that attracts high calibre candidates.	Review organisation structure. Build relationships within the Local Government sector through networking. Promote benefits of working in Local Government, in particular Buloke, including branding. Review the Induction program.	Attraction process (sourcing, recruiting, selecting and on-boarding) reflects brand. Analyse position tasks and placement within the organisation to ensure alignment with the Council Plan. Develop a Remuneration Policy. Develop Health and Wellbeing programs.	Enter Buloke into the Employer of Choice awards.	Applicants are seeking out Buloke as a place to work. Higher retention rates in ‘high churn’ areas.
Culture
Create an organisation where employees are inspired to perform at a high level and deliver quality outcomes, while building a culture of continuous improvement.	Undertake a climate survey to establish the benchmark. Define the desired culture and values that best supports the strategic direction through discussions with SMT to establish behaviours.	The promotion of positive behaviours in the workplace. Work with business units to develop behaviours.	Intranet to be launched. Assess employees against the desired positive behaviours as part of the annual review process.	An engaged workforce which is committed to the organisation’s direction and its contribution to it. A more inclusive, open and innovative culture: a sharing team oriented culture. Alignment with organisational values and behaviours.
Leadership development
Build the capability and confidence of leaders and provide a career path.	Develop a Workforce Plan based on organisational and community needs. Educate and support leaders for the changing future.	Build a capability framework for leaders and staff that reflects the desired culture and values.	Develop a Succession Plan that identifies a probable 2 IC for each senior role.	Quality leaders (capable change agents, role models and effective communicators). Strong communication channels up, down and across.
Learning & Development
Build employee capability to achieve potential.	An integrated annual review process to identify skill and delivery gaps.	Professional and personal development that includes secondment opportunities, internally and externally. Mentoring program that is professional and available to all employees.	Continuous improvement program that reviews each process undertaken.	Effective transfer of knowledge, experience and skills.
Talent Management
Identify employees’ aspirations.	Create opportunities for employees to be involved in cross-departmental working groups.	Career expansion through career pathways and job design.	Proactively recognise and develop possible successors to senior positions.	High achieving employees in the right jobs.
Reward & Recognition
Provide a sense of worth and value through appropriate classifications and recognition of efforts.	Regularly benchmark salary and benefits to test market competiveness.	Celebrate milestones on a regular basis, i.e. anniversaries. Communications across Council on social and corporate topics.		Employees feel valued and recognised.

3. How Human Resources can assist

Current State

Hr/Payroll/OHS

Desired Future State

HR Role can be described as administrative/enforcement role (more policing than developing).

Responds to issues raised by line managers and staff.

Focuses on compliance with policy and procedures.

Provides HR advisory services.

HR role that is a customer-focused, strategic partner.

Working proactively with line managers on strategic people management issues (eg. embedding values, building a positive culture, addressing attraction and retention, creating an employer brand, developing leadership and managing organisational change).

A HR team that consults, educates and facilitates.

Poorly integrated HR processes and systems.

Manual, cumbersome systems of data capture frustrate the provision of reports.

HR processes are not always aligned with strategic direction.

Integrated, effective HR processes, systems and practices.

Integrated with organisational planning, career planning, succession planning and workforce planning.

Further modules for the current IBIS system will enhance the data captured, and will also allow for an employee self-service kiosk to be implemented.

Values and behaviours are embedded into position descriptions, performance and development planning, leadership development, sourcing, recognition and reward.

Workforce Planning, career and succession management are established.

Poor reporting capability.

Implement a suite of value-adding OD/HR tracking and reporting metrics to measure the health of the organisation and provide data for attraction and performance improvement strategies.

Regular reports to Managers on payroll outcomes.

4. Workforce Metrics (as at January 2015)

Full Time	91
Part Time	49
Casual	51
Female	96
Male	94
Age
<21	11
22-40	34
41-60	105
61>	41
Classification
Senior Executive Officers	5
Band 1	18
Band 2	52
Band 3	60
Band 4	15
Band 5	24
Band 6	13
Band 7	7
Band 8	3
Maternal & Child Health Nurse	6
Immunisation Nurse	1

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 11 February 2015

7.2.6 Governance Arrangements for Donald Children's Centre

Attachment 1 Draft MOU Donald Children's Centre

MEMORANDUM OF UNDERSTANDING

BETWEEN

Buloke Shire Council (ABN 89 293 793 980) and

Ballarat YMCA (ABN )

WHEREAS

A. The Donald Children’s Centre is located at 6-12 Houston Street, Donald, Victoria, 3480.

B. The facility is a co-location initiative to be occupied by a number of parties.

C. In order to further the vision and priorities set forth in Appendix 1, the parties propose to enter into this Memorandum of Understanding in relation to the facility once occupancy by the above mentioned commences.

1. INTERPRETATIONS

In this MOU unless the context otherwise requires:

Representative means the person specified in Schedule 1 or such person as may subsequently be appointed to replace that person and notified to Buloke Shire Council in writing.

Representatives mean the parties entering into the MOU.

Commencement Date means the date upon which this MOU is signed by both parties.

Common Areas means those areas designated as common areas in Schedule 2.

Facility means the building, fixtures and fittings known as the Donald Children’s Centre.

Fixtures and fittings means an item firmly fixed, built in or permanently wired to the building intended to form part of the building and which cannot be easily relocated.

Land means the land of which Buloke Shire Council is the registered proprietor and contained in Part Crown Allotments 10, 12 and 13 Section 1 Township of Donald Parish of Banyenong.

Parties means the parties to this MOU being those organisations named as such at the beginning of this MOU.

GST means the goods and services tax levied under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) or any other goods and services tax, value added tax, consumption tax or tax of similar effect levied from time to time.

2. PURPOSE AND BACKGROUND

The purpose of this MOU is to:

2.1. Define the separate roles and responsibilities of the parties in jointly occupying the facility.

2.2. Give recognition to the parties intention that they will operate in a transparent and collaborative way to ensure that the facility is effectively managed and to ensure that their respective rights and obligations are not compromised.

2.3. Ensure that the benefits and risks arising under or out of the use and occupancy of the facility during the MOU term are managed and attributed as between the parties.

2.4. Acknowledge and agree that this MOU will govern and administer each of both parties rights and obligations under and in relation to the facility.

2.5. Outline the areas of use by Ballarat YMCA, both separate and shared, of the facility as set out in Schedule 2 to this MOU.

2.6. Acknowledge Ballarat YMCA’s responsibility for the payment of its portion of the hiring costs for the facility as set out in Schedule 3 to this MOU.

3. RELATIONSHIP BETWEEN THE PARTIES

Both parties agree that:

3.1. The relationship between both parties is limited to the shared use of the facility so that nothing contained in this MOU will constitute any of them as agent or partner of the other, or create any agency or partnership for any purpose whatsoever.

3.2. Except as otherwise specifically provided in this MOU, a party will not have any authority to act for, or to create or assume any responsibility or obligation on behalf of another party.

3.3. Ballarat YMCA may not introduce or attempt to introduce any other person or firm or entity into the MOU without the consent of Buloke Shire Council.

3.4. Both parties agree with each other to diligently observe and perform its obligations and commitments pursuant to this MOU.

4. LAND AND BUILDING OWNERSHIP

4.1. Ballarat YMCA acknowledges that Buloke Shire Council is the freehold owner of the land, building and improvements.

4.2. Ballarat YMCA may not make alterations to the shared or exterior areas of the facility except with agreement in writing from Buloke Shire Council.

4.3. Buloke Shire Council will ensure that adequate insurance cover, including Public Liability insurance, is in place.

5. EXPENSES

5.1. Ballarat YMCA will be responsible for the payment of the hiring costs for the facility in accordance with Schedule 3.

5.2. Ballarat YMCA is responsible for insuring its own assets.

6. MAINTENANCE

6.1. Buloke Shire Council is responsible for all building maintenance.

6.2. Ballarat YMCA will report any items in need of repair to Buloke Shire Council.

6.3. All fixtures and fittings, structural alterations, improvements additions installed or made by Ballarat YMCA, whether prior to or after the commencement date on its own behalf will remain as part of the facility.

6.4. The items defined as fixtures and fittings are outlined in Schedule 4.

6.5. Loose items within the premises installed prior to or after the commencement date will remain the property of that party.

7. Use and responsibility for shared/common areas

7.1. Buloke Shire Council will determine a management and maintenance responsibility regime for the internal and external shared/common areas, including up keep of perimeter areas, fencing, foliage, entries and exits to the facility.

7.2. Ballarat YMCA will ensure that the hired area is left as agreed.

8. VACATING THE FACILITY

8.1. Where Ballarat YMCA intends to vacate its occupation of the facility, Ballarat YMCA must provide written notice to Buloke Shire Council six months prior to the date on which it intends to vacate.

9. OBLIGATION BETWEEN THE PARTIES

9.1. A party, through any authorised act or omission on that party, that cause any expense to other parties, shall reimburse all other parties to the full extent of the expenses thus incurred.

9.2. Ballarat YMCA and Buloke Shire Council agree with each other -

o To be fair and just to each other

o To punctually pay their own debts and expenses and reimburse another party against such debts or expenses that have been incurred.

10. DISCLOSURE OF INFORMATION

10.1. Both parties to this Agreement may disclose confidential information one to the other to facilitate work under the agreement.

10.2. Such information must be identified in writing at the time of its transmission, and shall be safeguarded and not disclosed to third parties by the receiving parties.

11. DISPUTE RESOLUTION

11.1. If a dispute between the parties arise out of or relates to the facility or this MOU, both parties agree to promptly discuss the dispute in detail and in good faith to resolve the dispute.

11.2. Notwithstanding the existence of a dispute that is being dealt with, both parties will continue to perform their respective obligations under this MOU.

12. EFFECT OF MOU

This MOU:

12.1. Comprises the entire MOU between both parties and no earlier representation or MOU, whether oral or in writing, in relation to any matter dealt with in this MOU will have any effect from the date of this MOU.

12.2. May not be varied in any way except with the written agreement from both parties.

12.3. Both parties will do or cause to be done or refrain from doing all such acts or things necessary to give effect to this MOU.

12.4. This MOU is not intended to create legal relations or constitute a legally binding contractual agreement between both parties but, notwithstanding, both parties will comply with all of its terms.

12.5. This MOU will be governed by and construed in accordance with the law for the time being in force in the State of Victoria.

12.6 This MOU will be reviewed annually and continue until otherwise terminated by the mutual agreement of both parties.

13. VARIATION OF MOU

13.1. Both parties may vary this MOU by written agreement.

SCHEDULE 1

This MOU is signed by the parties this ______day of _______________2015

Signed by )

In the presence of: )

Witness:_________________________

Name:___________________________

Signed by )

In the presence of: )

Witness:__________________________

Name:____________________________

SCHEDULE 2

Floor Plan:- Donald Family Services Centre

SCHEDULE 3

Room hire costs 2015 year

Rooms available	Cost	Level of use	Agreed hire area	Comments
Staff & Meeting Room			No	Includes use of the kitchen facility which is a shared space
Consulting Room 1			No	Includes use of the staff room and kitchen facility which are shared spaces
Childcare Room 1			No	Includes use of the staff room and kitchen facility which are shared spaces
Childcare Room 2			No	Includes use of the staff room and kitchen facility which are shared spaces
Kindergarten Room			No	Includes use of the staff room and kitchen facility which are shared spaces
Deskspace in Open Office Area			No	Includes use of the staff room and kitchen facility which are shared spaces
Hot desk			No	This area is used on a first in first served basis.
Annual total				Where applicable

[* Note: Contents insurance is the responsibility of .]

SCHEDULE 4 – DONALD FAMILY SERVICES CENTRE FIXTURES & FITTINGS

- Stove

- Hot Plates

- Light fittings

- Toilet roll holders

- Paper towel holders

- Light fittings

- Telephones

- Storeroom shelving

- Hand basins

- Curtains/blinds

- Desks

- Office Chairs

- Lounge Chairs

- Occasional Tables

- Filing cabinets (where provided)

APPENDIX 1 – DONALD CHILDREN’S CENTRE VISION, PRIORITIES & GOALS

INTRODUCTION

Located in the south of the Buloke Shire and on the edge of the Wimmera and Mallee regions, the township of Donald is a valuable centre providing a range of services to a broad catchment area. Demographic changes are underpinning the need for residents to have ready access to a range of health and wellbeing initiatives and early learning programs provided in an environment and in a facility that is functional, inclusive, and welcoming.

In response to the identified needs of families and communities in the township of Donald and surrounding districts, Council has played the lead role in planning and developing the Donald Children’s Centre. This Centre has been designed to provide children and families with access to a range of universal services (such as kindergarten, centre based childcare and maternal and child health services) and early intervention programs as well as primary health services that seek to improve the health and wellbeing of the broader community.

Construction of the Centre will be completed in early 2015 with services commencing operation as soon as possible after the construction and fit out of the Centre are completed.

VISION

Children and families living in the township of Donald and surrounding districts have improved learning and health outcomes.

PRIORITIES

The Donald Children’s Centre is recognised by the Buloke community as a highly valued community resource because:

Families have access to a range of quality services that promote learning, health and wellbeing

Services are provided at one location (close to where people live and/or work) and in a manner that is flexible and responsive to the different needs of families

Families feel welcome and are confident that their children are safe, well cared for and happy at the Centre

Opportunities are provided for families to participate in management and programs

Staff enjoy a positive working environment and productive team culture

Resources are managed in an efficient and cost effective manner

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 11 February 2015

7.2.6 Governance Arrangements for Donald Children's Centre

Attachment 2 Draft Lease Agreement Donald Children's Centre

Lease Agreement

between

The Buloke Shire Council

and

The Ballarat YMCA

February 2015

Table of Contents

Purpose of the Agreement. 3

Parties. 3

Premises. 3

Key Principles 4

Key Understandings. 4

Dispute Resolution Procedures. 5

Council Contact Details. 5

Approved Provider Contact Details. 6

Period of the Agreement. 6

Kindergarten Committee. 7

Use of the Premises. 7

Security and Access to the Premises. 8

Destruction of the Premises. 8

Insurance. 9

Outgoings. 9

Maintenance and Capital Works of the Premises. 10

Capital Works. 10

Maintenance. 10

Responsibilities of the YMCA: 10

Responsibilities of Council 11

SCHEDULE 1 – Maintenance Schedule. 14

SCHEDULE 2 - Annual Report Form.. 17

Purpose of the Agreement

This Agreement represents the commitment of Buloke Shire Council (“Council”) to supporting community-based kindergartens and childcare to deliver sustainable services. Through implementation of the Agreement, Council and the YMCA of Ballarat (“YMCA”), as the Kindergarten Approved Provider, can work collaboratively and in the best interests of the community to achieve the values and vision of the Council. The creation of a sustainable community where everyone is encouraged to participate in community life will ultimately benefit all community members, including families and children of the Buloke Shire.

The purpose of this Agreement is to set out arrangements by which the YMCA will have use of part the Donald Family Services Centre for operation of its early years programs including kindergarten and childcare.

The Donald Kindergarten facility is located within a building that is also used by Council’s Maternal Child Health Services and childcare programs operated by other service providers.

This Agreement will thus enable each party to gain a clear understanding of their mutual expectations, commitments and responsibilities. The Agreement is applicable upon signing by nominated representatives of the Council and the YMCA - as the individual kindergarten approved provider. This Agreement is deemed a public document.

Parties

The Buloke Shire Council of 367 Broadway, Wycheproof, VIC 3527 and;

The Ballarat YMCA Inc of 7 Lyons Street, North Ballarat, VIC 3350

As the Approved Provider for the Donald Kindergarten.

Premises

1. The Agreement is for the Donald Kindergarten, located at 6-12 Houston Street, Donald and is Part Crown Allotments 10, 12, and 13 Section 1, Township of Donald, Parish of Banyenong.

2. In relation to the Donald Kindergarten:

· The area covered by this agreement includes the Kindergarten facility, the Kindergarten playground immediately at the front of the Kindergarten facility, and the entrance walkway and garden area leading to the front entrance of the Kindergarten. Part of this entrance area is also used for access to the Maternal and Child Health Centre and Playgroup facility and as such the YMCA must allow its use by other operators, and must not obstruct this Common Area or use it for any purpose other than the purpose for which it was intended.

· The land is owned by the Buloke Shire Council.

Key Principles
The following key principles will guide the decision-making processes and the delivery of the kindergarten services:

· The Council and YMCA are committed to the implementation of universal access to early childhood education – 15 hours of funded 4 year-old kindergarten in the year before school.

· Services will comply with all relevant legislation, guidelines and funding accountability.

· Parents will have input into the planning and operation of services through the Kindergarten Parent Committees.

· Kindergarten services will be located across the Shire in order to ensure services:

o remain viable;

o match supply with demand for kindergarten places;

o operate in environments that are safe, secure and stimulating places for children; and

o optimise the use of community assets for the benefit of families.

Key Understandings

Mutual Recognition and Respect

In relation to YMCA, Council recognises and respects:

· The contribution kindergartens make to each community;

· The individuality and autonomy of each kindergarten;

· The importance and value of volunteerism across their operations;

· The varied funding arrangements individual kindergartens may have;

· The diverse range of programs, activities and opportunities that are offered; and

· The accountability each kindergarten has to its members.

In relation to Council, the YMCA recognises and respects:

· The Council’s imperative to meet its overall strategic vision and goals;

· The accountability Council has to its ratepayers and residents;

· The accountability that individual Councillors have to their constituents;

· The State and Federal Government legislative and policy framework Council is to comply with; and

· The role of Council in developing policies and setting strategic directions and priorities which benefit the community, including in relation to financial sustainability.

Mutual Commitment and Responsibilities

In relation to YMCA, the Council is committed to:

· Advocating on behalf of the sector;

· Providing access to early childhood education through the provision of 4-year-old kindergarten programs;

· Complying with the Maintenance Schedule (Schedule 1);

· Rectifying items noted in annual facilities inspections, Essential Safety Measures Inspections, Tree Audits, playground maintenance audits or other inspections from time to time, and any required works will be conducted in order of urgency and with consideration to available funding;

· Working with and supporting other providers also utilising the facility; and

· Any other matters required by laws, regulations, government directive or the needs of the community.

In relation to Council, the YMCA is committed to:

· Working with Council to achieve its overall vision and objectives for the Shire;

· Consulting with Council on all matters which relate to Council’s ability to fulfil its obligations to the broader community;

· Paying applicable fees and charges as agreed from time to time;

· Providing to Council a list of current Office Bearers and their contact details, the names of nominated key holders and a report of annual activities, following each Annual General Meeting of the Kindergarten Association of the YMCA;

· Complying with the Maintenance Schedule (Schedule 1); and

· Maintaining adequate security and good guardianship over Council property, facilities and resources provided to assist in operating the kindergarten.

Dispute Resolution Procedures

1. The parties will attempt to resolve any issues of dispute by mutual agreement. In the event a dispute arises over any aspect of the Agreement, Council and the YMCA will adopt the below process to negotiate a resolution:

2. Either party may give written notice to the other party, stating details of the matter in dispute and requesting that the parties meet to discuss and negotiate a mutually acceptable resolution. The parties must meet in good faith within fourteen (14) days of receiving written notice of the dispute under this Agreement.

3. If the dispute cannot be resolved within a further twenty eight (28) days of the initial meeting, the parties will refer the dispute to an independent mediator agreed by the parties. In the event the parties are not able to agree on a mediator, then the parties are to appoint a mediator nominated by the President of the Law Institute of Victoria. The mediator may fix the charges for the mediation with costs to be shared equally by the parties.

4. If the dispute remains unresolved, either party reserves the right to withdraw from the Agreement upon giving three (3) months notice from the date of the mediation.

Council Contact Details

1. The Council’s Coordinator Community Facilities has been designated the main point of contact for the YMCA with the Council for issues in relation to the building or its surrounds:

Name: Paul Fernee

Position: Coordinator Community Facilities

Phone: 5478 0179

Email: pfernee@buloke.vic.gov.au

If the Council Officer is unavailable -

Council Contact Number: 1300 520 520

2. The Council’s Manager Community Services has been designated the main point of contact for the YMCA with the Council for issues in relation to the operation of the kindergarten:

Name: Bill Keane

Position: Manager Community Services

Phone: 5478 0111

Email: bkeane@buloke.vic.gov.au

If the Council Officer is unavailable -

Council Contact Number: 1300 520 520

3. The YMCA’s main point of contact for any matters in relation to the kindergarten is:

Name: Ms Robyn Mawdsley

Position: Early Childhood Adviser

Phone: 53292800

Email: robyn.mawdsley@ymca.org.au

Approved Provider Contact Details

1. Within one month of each Annual General Meeting of the kindergarten, the YMCA will provide to Council the following:

(a) The names and addresses of all Committee members of the Pre-School and their position on the Committee;

(b) The nominated preferred contact on the Committee with contact details;

(d) A report of annual activities (Schedule 2).

Period of the Agreement

1. This is an ongoing agreement. It is subject to review after the expiration of a period of five (5) years, from 1 January 2015.

2. The Agreement does not preclude the rights of either party to engage in other partnerships and/or alliances.

3. The Agreement may be terminated by:

(a) Either Council or the YMCA giving the other party at least six (6) months notice; or

(b) Council re-entering the premises and revoking this Agreement if the YMCA does not meet its obligations under this Agreement or if the YMCA:

i. Ceases to operate as a service provider under the terms of this Agreement; or

ii. Makes an assignment for the benefit of its creditors or enters into a composition or arrangement with its creditors; or

iii. Is unable to pay its debts as and when they fall due; or

iv. Is ordered, or a resolution is passed, to wind up the kindergarten, except for reconstruction or amalgamation; or

v. Is placed under official management; or

vi. Has a receiver appointed, including a provisional receiver, or receiver and manager of any of its assets, or an administrator; or

vii. A warrant is issued by a Court to satisfy a judgment is not satisfied within 30 days of being issued; or

viii. The YMCA, without Council’s consent, discontinues its use of the premises as a kindergarten facility.

(c) Re-entry by Council ending this Agreement; however Council retains the right to institute proceedings against the YMCA for unpaid money or for damages for breaches of its obligations under this Agreement.

4. When the Agreement ceases, the YMCA must:

(a) Return possession of the premises to the Council in a clean and repaired condition, following an inspection by Council of those premises;

(b) Return all keys for the premises to the Council;

(c) In consultation with Council, remove the YMCA’s fixtures and other property from the premises and make good any damage caused in removing it.

i. If the YMCA leaves any fixtures or other property on the premises after the Agreement ceases, unless the YMCA and Council agree otherwise, those fixtures and property will be considered abandoned and will become the property of the Council, but the Council may remove any of the YMCA’s fixtures or other property and recover the costs of removal and making good as liquidated debt payable on demand.

(d) The parties acknowledge that the YMCA will not be required to remove or reinstate any capital works carried out by the YMCA and approved by Council, under this Agreement.

Kindergarten Committee

1. For each facility there is typically a Kindergarten Parent Committee (“the Committee”). Liaison with the Committee is an important part of the operation of the facility. A representative of the Council will attend at least one meeting of the Committee each calendar year.

2. From time to time the Committee may wish to undertake “working bees” or other similar activities. Liaison with the YMCA and the Council is to take place in the planning stages of any such activities and works.

3. Council will provide support and advice to the YMCA in relation to opportunities for community fund raising.

4. All requests to Council from the Kindergarten Committee must go first through the YMCA who will submit the request to Council on behalf of the Committee.

Use of the Premises

1. The YMCA must not allow anyone else to:

(a) Use the premises except for the purpose of operating a kindergarten or other Approved Children’s Service and not for any other purpose;

(b) Give up possession or share occupancy of the premises or grant a license to anyone else to do so, without Council’s written consent, which may be given or withheld at Council’s discretion;

(d) Carry on any dangerous, noxious or offensive activity on the premises;

(e) Do anything which might cause damage, disturbance or nuisance to a tenant, occupier or owner of any adjacent property or of other existing services sharing the premises;

(f) Do anything which might affect any insurance policy relating to the premises, causing it to become void or voidable or any claim on it being rejected or a premium to be increased;

(g) Keep or use chemicals, inflammable fluids, acids or other hazardous things on the premises except for any permitted use, or create fire hazards;

(h) Make any alteration or addition to the premises or structures thereon without Council’s consent, which consent is entirely at the discretion of Council;

(i) Install any fixtures or fittings, except those necessary for the permitted use, without Council’s written consent; and

(j) Except in an emergency, interfere with any of the services or equipment in the premises or in any part of the property.

2. In the event of an emergency, Council may require use of the Premises for a temporary period and may re-enter and re-occupy the premises for that purpose.

Security and Access to the Premises

1. Council retains keys for the Kindergarten and the YMCA recognises that Council, or anyone authorised by the Council (including its agents or contractors), may access the property for purposes including, but not limited to:

(a) Inspecting the condition of the property, or how it is being used;

(b) Doing anything necessary to comply with notices or orders of any authority, bringing any necessary equipment;

(d) Viewing the property as a valuer; and

(e) Inspecting, cleaning or repairing the services or carrying out agreed alterations.

2. Where possible, the Council will endeavour to restrict access to the Kindergarten by Council staff, or anyone authorised by Council, to times that are outside of the operating hours of the Kindergarten. Where possible, Council will provide two weeks advance notice of such inspections and or other entrances to the Kindergarten premises.

3. The YMCA must maintain an up-to-date key register and provide the details of the key holders to Council, as set out in Schedule 2.

4. The YMCA must take reasonable precautions to secure the premises and their contents from theft, including keeping all doors and windows locked when the premises are not in use and complying with Council’s directions for the use and return of keys.

5. Council must be notified as soon as practicable of any lost keys and the YMCA is to reimburse Council for the cost of their replacement.

Destruction of the Premises

1. If the premises are partly destroyed, but not substantially destroyed, Council must reinstate the premises as soon as reasonably practicable.

2. If the premises are wholly or substantially destroyed then Council is not obliged to reinstate the premises and if the reinstatement does not start within three (3) months, or is not complete within six (6) months, Council or the YMCA may end this Agreement by giving the other written notice of that intention.

Insurance

1. Responsibilities of the Council:

(a) Building, fixtures and fittings insurance arrangements and the cost of insurance premiums will be the responsibility of the Council; and

(b) Responding to incident reports made by the YMCA.

2. Responsibilities of the YMCA:

(a) The YMCA is to either take out and keep current Public Liability Insurance cover in the name of the YMCA and noting the interest of the Council for public risk for any single event for $10 million, or alternatively it must ensure that the Kindergarten Committee has in place adequate current Public Liability Insurance to the same extent;

(b) Contents insurance;

(c) The YMCA shall ensure that Council insurance of the premises is not invalidated, rendered void or subject to additional insurance premium increases; and

(d) The YMCA shall reimburse Council for any insurance claim excess for any buildings, fittings and fixtures claim, where the YMCA is responsible for activities leading up to a claim being made.

3. The YMCA uses and occupies the premises at its own risk and indemnifies Council, its servants and agents and each of them absolutely against any claim resulting from any act or failure to act by the YMCA or its employees, agents, contractors, customers or visitors while using the premises and against all claims made by any person or persons for damages arising from the use or occupation of the premises, except to the extent that Council is negligent.

4. The YMCA acknowledges and declares that no promise, representation, warranty or express or implied undertaking has been given or made by the Council, or Council’s agent, in respect of the suitability of the premises for the YMCA’s purpose or in respect of any furnishings, fittings or fixtures of the premises, other than those provided herein.

5. Council gives the YMCA quiet possession of the premises without any interruption by Council or anyone connected to the Council, subject to the terms of this Agreement and as long as the YMCA observes its obligations under same.

Outgoings

1. In relation to the collection of waste, one garbage bin and two recycling bins will be provided to the premises.

2. The YMCA shall pay annual garbage charge, and the cost of new or replacement waste bins.

3. In relation to building outgoings:

(a) The YMCA is to pay for the cost, including any necessary installation and maintenance, of a landline telephone and internet connection.

(b) The Council is responsible for the provision and payment of sharps containers, hygiene bins and the payment of other building outgoings in relation to the premises as agreed and which the YMCA requires for the permitted use.

(c) The cleaning of the facility and the cost of the cleaning is the responsibility of the Council and will be done in accordance with Council’s building maintenance and cleaning regime after due consideration of the frequency and type of use of the premises.

Maintenance and Capital Works of the Premises

Capital Works

1. All major works are subject to priority listing in Council budgets according to available funding.

2. The YMCA is not obliged to carry out structural repairs or to make payments of a capital nature unless the need for them results from one or more of the following:

(a) Negligence by the YMCA or its employees, agents, contractors, customers or visitors; or

(b) Failure by the YMCA to perform its obligations under this Agreement; or

3. The Council is responsible for the preparation of detailed plans, including obtaining quotes, relating to any request for works to fit-out the Kindergarten or to make improvements necessary to comply with any law, regulation or code applicable to a Kindergarten.

4. The cost of any fit-out, alteration or structural works or improvements required to ensure the Kindergarten complies with all laws applicable to a kindergarten are to be met by the Council. Any such works must be approved by Council, prior to such works being arranged and undertaken.

5. All buildings and structures on the premises, including additions or modifications made during term of the Licence, regardless of who funds or carries out the works, become and/or remain the property of the Council.

Maintenance

1. All maintenance work, whether undertaken by the YMCA or Council, shall comply with current Occupational Health and Safety legislation, relevant codes of practice, Australian Standards and any other laws or regulations.

2. If the either party wish to vary the maintenance and cleaning responsibilities in Schedule 1, this must be done in writing and Council’s approval is required.

3. Reimbursement for Maintenance Works:

(a) Notwithstanding the obligations in Schedule 1, the YMCA shall reimburse Council for the cost of damage caused by the Kindergarten or its employees, agents, contractors, customers or visitors.

(b) In the event that the YMCA fails to carry out its Maintenance Works as set out in Schedule 1, and notwithstanding any other rights Council may have at law or pursuant to this Agreement, the Council may carry out these works and seek reimbursement from the YMCA, and the cost incurred shall be deemed to be a debt due and payable to the Council.

(c) In the event that the Council makes demand upon the YMCA for the refund of any Maintenance Works as carried out pursuant to 3(a) above, the YMCA shall attend to payment as demanded within fourteen (14) days of receipt of such notice.

Responsibilities of the YMCA:

1. Maintain in a neat and tidy manner all outdoor areas, gardens, plants and lawns within the licenced area.

2. The YMCA must keep the premises and all fixtures in a safe and clean condition and free from rubbish, including keeping waste in proper containers and having it removed regularly.

3. The YMCA must notify Council as soon as practicable of:

(a) Any accident, incident or near miss which occurs at the premises; or

(b) Any hazards arising from, threatening or affecting the premises.

(c) Any Occupational Health and Safety incidents, issues or hazards that may affect the safety of staff, Kindergarten students, members of the public, or any other person;

(d) Any theft from the premises or damage, including vandalism, to the premises;

(e) Any defect or damage in the structure of the premises or any of the services to the premises;

(f) Any repairs required to maintain the property in its condition at the commencement date; or

(g) Service by any authority of a notice or order affecting the premises.

4. Obligations of the YMCA are:

(a) The YMCA shall fund and arrange Maintenance Works as listed in Schedule 1;

(b) In addition to the YMCA’s responsibilities set out in Schedule 1, except for fair wear and tear and subject to the terms of this Agreement, maintain Council’s building, furniture, fixtures and chattels and all painted and finished surfaces in good order, repair and preservation and in the same condition as at the start of the Agreement;

(c) To comply with all reasonable directions of Council or any other Commonwealth, State or Municipal authority or body, as to the prevention, detection and limitation of fire.

(d) Take all precautions required by any law against fire, but not if this requires structural alterations or installation of equipment, unless they are required by the nature of the Kindergarten Approved Provider’s use of the premises, with prior notice in writing being given to the Council.

(e) Carry out certain maintenance activities which may be required by Council to minimise risk.

Responsibilities of Council

1. It is acknowledged by Council that facilities management is important to the sustainability of the Kindergarten infrastructure over the longer term. Day-to-day maintenance and repairs as well as major maintenance requirements, including structural and inherent defects, and capital works needs are the responsibility of Council (refer Schedule 1).

2. The Council is responsible for prioritising and programming its maintenance works. Where Council is responsible for maintenance, Council will assess the needs of all Council Buildings and then prioritise and program works. It should be understood there is limited funds available for maintenance and capital works and these are subject to priority listing in Council budgets according to available funding.

3. In addition to the Council undertaking the maintenance works set out in Schedule 1, the Council shall maintain in working order all plumbing, drainage, gas, electric and sewage installations to the Premises;

4. If the YMCA or the Kindergarten Committee is in a position to contribute to the funding of specific maintenance works, it may be possible for Council to bring forward the programming of the works.

5. Council will undertake an inspection at the commencement of the lease, and within six months of its commencement, to list the assets that are owned by Council and the assets that are owned by YMCA. Any additional assets acquired after that date are to be listed on the Annual Report form (Schedule 2).

6. Obligations of the Council are:

(a) To complete a condition report within a reasonable time of the commencement of the YMCA’s occupation of the premises;

(b) Council will undertake annual facilities inspections, and other inspections required from time to time, and any required works will be conducted in order of urgency;

(d) The Council is responsible for prioritising and programming maintenance works; and

(e) Where Schedule 1 refers to repairs, major repairs to and/or replacement where necessary will be undertaken by Council where such repair and/or replacement is due to structural faults, age related failure or regulatory compliance.

7. Council is responsible for the following compliance requirements and audits, including paying for the costs of same:

(a) Essential Safety Measures Inspection System;

(b) Any playground and tree audits;

(d) Carrying out any repairs and/or remedying any faults identified in the Essential Safety Measures Inspections; and

(e) Any other inspections from time to time, including routine inspections to identify defects and program repairs and inspections required by law.

Signatures:

Signed on behalf of Donald Kindergarten

By the YMCA of Ballarat Inc

................................................................
(Signature)

................................................................
(Print full name and position)

................................................................
(Signature)

................................................................
(Print full name and position)

Date:................................................................

Signed on behalf of Buloke Shire Council

By the Council representative

................................................................
(Signature)

................................................................
(Print full name and position)

SCHEDULE 1 – Maintenance Schedule

ITEM	APPROVED PROVIDER RESPONSIBILITY	COUNCIL RESPONSIBILITY
1. Utility costs	Payment of telephone and internet usage accounts.	Payment of water and electricity accounts.
2. Building alterations	Determining and documenting the specific needs of the building relating to any requests to Council for Building alterations.	For assessing all requests submitted and if approved by Council, ensuring satisfactory design and completion of works by the responsible parties.
3. Curtains and blinds	Maintain in a clean condition.	Replacement as required.
4. Ceiling	Repairs due to foreseeable misuse.	Major repair and/or replacement due to structural faults, age etc.
5. Doors (including cupboard doors and fittings)	Regular cleaning and repair of doors due to foreseeable misuse.	Replacement due to age or structural fault.
6. Electrical wiring and fittings in buildings	Repair and replacement due to foreseeable misuse.	All building wiring from main supply to and including the switchboard, power points, switches and light fittings.
7. Fire extinguishers	Fill when discharged.	For annual maintenance and replacement due to age.
8. Floor surfaces and coverings	Treat responsibly.	All regular cleaning and maintenance.
9. Glass (including mirrors)	Keep clean and replace breakages.	No Responsibility.
10. Vandalism	Removal of graffiti from external areas and other associated grounds work.	No responsibility.
11. Keys, locks	Responsible for keys issued by Council.	Purchase, install and maintain locks.
12. Security system	Purchase, installation, service and maintenance. To be compatible to Council’s Master Key system.	No responsibility.
13. Light globes and fittings (external)	Treat responsibly.	Replacement and maintenance when required.
14. Light globes (internal)	Replacement.	Repair faulty fittings.
15. Plumbing and fixtures	Cost of internal repairs due to foreseeable misuse, and any add-on fixtures not standard within the building.	Major repair and renewal of all plumbing fixtures
16. Plumbing waste pipes and drains	Keeping clear of foreign objects, mud etc .	Major replacement and renewal of pipes and clearing as required.
ITEM	APPROVED PROVIDER RESPONSIBILITY	COUNCIL RESPONSIBILITY
17. Other permanent fixtures	Regular cleaning of all fixtures and repair/or replace if due to foreseeable misuse.	No responsibility.
18. Hygiene	Keeping all areas in a clean and hygienic state.	No responsibility.
19. Painting	Internal painting if damaged through foreseeable misuse.	Internal and external painting on an as needed basis.
20. Roofs	No responsibility.	All maintenance and repair as required.
21. Skylights	No responsibility.	All maintenance and repair as required.
22. Walls	Regular cleaning, maintenance and repair if damaged through foreseeable misuse of internal walls.	Major structural repairs.
23. Cleaning of Premises	Maintain in a clean condition.	Internal cleaning of facility.
24. Food handling areas and equipment	Compliance with the relevant Health Acts and maintain such equipment required under the Health Act.	No responsibility.
25. Grounds	General mowing and ground maintenance including weeding.	No responsibility.
26. Waste Management	All waste must be situated in bins for collection by Council.	Supply and pick up of bins in accord with waste management contract.
27. Fencing	Keep clear of foreign objects including play equipment.	Property fencing renewal and maintenance as required.
28. Tree maintenance	No responsibility.	Conduct all maintenance, removal and planting of trees.
29. Risk Management	Compliance with relevant OHS requirements, regular hazard inspections of the site and eliminate risks where appropriate. Report risks to Council.	Conduct Risk Audits.
30. Septic Tanks	Coordinate cleaning of septic tanks	No responsibility.
31. On site Drainage	General maintenance	No responsibility.
32. Insurance	Contents and Public Liability	Buildings and Facilities.
33. Fundraising	As required with appropriate permits obtained by Parent Committee.	No responsibility.

MAJOR WORKS (REPLACEMENT/REFURBISHMENT)
ITEM	APPROVED PROVIDER RESPONSIBILITY	COUNCIL RESPONSIBILITY
1. Building Works	Assist in design and fundraising activities to match funding applications.	Council to financially support and project manage major building works at Council discretion.
2. Watering systems	Repair and/or replace sprinkler heads, pipes, solenoids, etc.	Council to conduct regular review of water infrastructure (dams, tanks, bores) and contribute funding where required to ensure adequate water is available.
3. Construction of shade structures and/or storage facilities	Building permit applications, installation and ongoing maintenance.	No responsibility.
5. On site Drainage infrastructure	No responsibility.	Conduct regular assessment of on-site drainage need and install infrastructure as required.

SCHEDULE 2 - Annual Report Form

............................................................................................
(Name/Location of Kindergarten)

Item	Response
Minutes of Annual General Meeting (AGM), including the President’s Report and a list of incoming and outgoing Committee Members and their contact details
Two nominated key holders for the coming year (e.g. Committee President and Teacher)	1. ........................................................ 2. .........................................................
Annual maintenance Report – list items attended to and costs (if necessary, please attach a separate list).
List of additional assets acquired by YMCA
Indicate numbers enrolled for the coming year	........................... {Insert year} 3 year-old Kindergarten Group 1: _______ Group 2: _______ Group 3: _______ ........................... {Insert year} 4 year-old Kindergarten Group 1: _______ Group 2: _______ Group 3: _______

............................................................................................
(Report completed by)

............................................................................................
(Date)

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 11 February 2015

7.2.7 Review of Instrument of Delegations

Author’s Title: Finance Manager

Department: Finance File No: LG/10/04 & PE/02/01

Attachments:

1 S5 - Instrument of Delegation to CEO

2 S6 - Instrument of Delegation to Members of Staff

Relevance to Council Plan 2013 - 2017

Objective: An organisation that is responsibly governed with a strong emphasis on sustainable financial and risk management.

Strategy: Ensuring Council is well governed and its finances and risks are managed sustainably and responsibly.

Priority: Maintain good governance processes for Council and Special Committee meetings and communicate decisions to the community.

Motion:

That:

A. Council, in the exercise of the powers conferred by Section 98(1) of the Local Government Act 1989 (Vic) (“the Act”) and any other Act, regulation or local law referred to in the attached Instrument of Delegation from Council to the Chief Executive Officer, Buloke Shire Council resolves that:

(a) There be delegated to the person holding the position, acting in or performing the duties of Chief Executive Officer the powers, duties and functions set out in the attached Instrument of Delegation to the Chief Executive Officer, subject to the conditions and limitations set out in that Instrument of Delegation.

(b) The Instrument comes into force immediately upon the Common Seal of Council being affixed to the Instrument.

(d) The duties and functions set out in the instrument must be performed and the powers set out in the Instrument must be executed in accordance with any Council policies or guidelines as adopted from time to time.

(e) It is noted that the instrument includes a power of delegation to members of Council staff, in accordance with Section 98(3) of the Act.

B. Council, in the exercise of the powers conferred by Section 98(1) of the Act and any other Act, regulation or local law referred to in the attached Instrument of Delegation from Council to Designated Members of Council Staff, Buloke Shire Council resolves that:

(f) There be delegated to the members of Council staff holding, acting or in performing the duties of the offices or positions referred to in the attached Instrument of Delegation to Members of Council staff, the powers, duties and functions set out in that instrument, subject to the conditions and limitations specified in that Instrument.

(g) The Instrument comes into force immediately upon the Common Seal of Council being affixed to the Instrument.

(h) On the coming into force of the Instrument all previous delegations to members of Council staff (other than the Chief Executive Officer) are revoked.

(i) The duties and functions set out in the Instrument must be performed and the powers set out in the instruments must be executed, in accordance with any Council policies or guidelines as adopted from time to time.

Moved: Cr Leo Tellefson

Seconded: Cr Graeme Milne

Carried.

1. Executive Summary

Many Council decisions are not made at Council meetings. In view of the range of legislative and regulatory responsibilities of Local Government it would not be possible for the sector to function effectively if this was the case. Instead, decision-making power can be delegated to special committees or to members of Council staff. The nature and extent of these delegations are controlled through formal Instruments of Delegation.

Delegations are different from authorisations. The decision of a delegate of Council is “deemed” to be a decision by Council. The decision by a person appointed by Council to a statutory position, for example, an Authorised Officer, is not. That person’s powers and responsibilities are quite distinct from those of Council.

Best practice governance procedures suggest delegations and associated policies should be reviewed on at least an annual basis. Pursuant to the Local Government Act 1989 (Vic) (“the Act”), Council is also required to review delegations within the 12 months of a general election.

This Report sets out the following proposed documents: Section 5 – Instrument of Delegation to the Chief Executive Officer and Section 6 – Instrument of Delegation from Council to Staff.

2. Discussion

Essential Features of a Delegation

Council is a legal entity and, as such, is able to do only those things which it is authorised by statute to do. Most statutory bodies have a power of delegation of powers, to enable day-to-day decisions to be made. As it is a common feature of legislation, not all details about delegations are set out in the empowering Act. However, some general features of delegation are set out in the Interpretation of Legislation Act 1984, in particular:

· The decision, once made, is for all legal purposes a decision of the Council itself (Section 42A of the Interpretation of Legislation Act 1984);

· The “delegate” is in much the same position as the Council itself in terms of making the decision, for example, where the decision requires that opinion be formed, the delegate’s opinion can be the basis for the decision (Section 42 of the Interpretation of Legislation Act 1984); and

· The fact that a delegation has been made does not affect the Council’s powers in relation to the issue concerned (Section 42A of the Interpretation of Legislation Act 1984). This is subject, of course, to the rule that the delegate’s decision (once made) is taken to be the decision of the Council itself. The Council can, therefore, find itself bound by a decision which it would itself have made, and if this occurs then the existence of this “residual” power may provide little solace.

For this reason, it is important that the Council has in place appropriate policies and guidelines under which delegations should be exercised.

It is important Council understand that “Delegations” are different in nature from “Authorisations” in that the decision of a delegate of Council is “deemed” to be a decision by Council, whereas the decision by a person appointed by Council to a statutory position, for example, an Authorised Officer is not.

An Authorised Officer’s powers and responsibilities are quite distinct from those of Council and are unrelated to delegations.

Sources of Council Power and Decisions by the Council

As a statutory body established under the Act Council is able to do only those things which it is authorised by statute to do. As it is not a “natural” person, it can only act in one of two ways – by resolution, or through others acting on its behalf.

The power of a Council to act by resolution is set out in Section 3(5) of the Act:

“(5) Where a Council is empowered to do any act, matter or thing, the decision to do the act, matter or thing is to be made by a resolution of the Council.”

The sources of Council authority can be summarised as follows:

· Power to do things which a “natural person” can do, in particular the power to enter into contracts;

· Powers conferred by provisions of acts and regulations, such as the Local Government Act 1989 (Vic), and the Planning and Environment Act 1987; and

· Powers conferred by other forms of statutory instrument.

Section 5 of the Act gives Council the power to deal with property and, more generally, the capacity to do anything which other corporate bodies may, by law, do “which are necessary or expedient” for performing its functions and exercising its powers. The delegation of these powers is provided for in the “Miscellaneous and Administrative” section of the schedule to the Instrument of Delegation from the Chief Executive Officer to Designated Council Staff. Council can delegate these powers, particularly those best described as administrative or operational, where the authority does not come from specific Acts or regulations but rather from operational requirements of Council to manage its affairs.

Councils can also be conferred with further “natural person” powers under other statutory instruments. These powers are usually conferred on a council on a case-by-case basis and are not included in the attached instruments of delegation.

Types of Delegation

The power of Council to delegate others to act on its behalf is also set out in legislation. In particular, the Act makes express provision for the appointment of delegates to act on behalf of Councils. There are two basic forms of delegation under that Act, namely:

· To a special Committee. Although a Special Committee is only a “committee” of persons and is not a separate legal entity it can nonetheless as a body act as a “delegate” of the Council. This applies to Special Committees comprising Councillors as well as to Special Committees which include officers and/or other persons; and

· To an officer of the Council. If the delegation is to the CEO, that person has power to “sub-delegate” some or all of those powers to other officers. If the delegation is to any other officer then there is no power of “sub-delegation”.

The delegation power under the Act also applies to powers under any other Act. However, other Acts sometimes include specific provisions dealing with delegations relating to particular issues. This can lead to problems of interpretation when those Acts confer the delegation power more restrictively than the Local Government Act 1989 (Vic). For example, a delegate appointed under Section 188 of the Planning and Environment Act 1987 cannot authorise acquisition of land on behalf of the Council in its capacity as the responsible authority. Where such problems arise, the recommended approach is to comply with the more restrictive and specific delegation rules, rather than rely on the general provisions of the Act.

Where Council chooses to delegate powers to a Special Committee, or an officer, “best practice” dictates the appointment be formalised through a written “Instrument of Delegation”, wherever practicable.

Instruments of Delegation

This Report deals with two Instruments of Delegation:

· Section 5 - Instrument of Delegation from Council to the Chief Executive Officer.

· Section 6 - Instrument of Delegation from Council to Designated Members of Council Staff. This Instrument relates to various Acts and Regulations (or specific parts of those Acts or Regulations), which contain a specific power of delegation. These Acts include the Domestic Animals Act 1994, Environment Protection Act 1970, Food Act 1984, Health Act 1958, Heritage Act 1995, Planning and Environment Act 1987, Planning and Environment Regulations 2005, Planning and Environment (Fees) Interim Regulations 2012, Road Management Act 2004, Road Management (General) Regulations 2004 and Road Management (Works and Infrastructure) Regulations 2005.

The reason for these two Instruments of Delegation turns on the source of the powers of delegation.

Section 98(1) of the Act provides that a Council may, by Instrument of Delegation, delegate to a member of its staff any power, duty or function of a Council under the Act or any other Act, other than certain specified powers.

Other Acts also empower a Council to delegate certain powers, duties or functions. For example, Section 199 of the Planning and Environment Act 1987 and Section 58A of the Food Act 1984, empower councils to delegate their powers under those Acts to members of Council staff.

There is a presumption that a power of delegation cannot be sub-delegated in the absence of express authority to do so. For example, the Planning and Environment Act 1987, the Food Act 1984, Part 9B of the Environment Protection Act 1970 and Part III of the Health Act 1958 contain specific powers of delegation, but do not contain an express power of sub-delegation. Therefore, it is assumed that the power of delegation cannot be sub-delegated. This means it is necessary for the delegation to come from Council directly to the staff members.

By contrast, the Local Government Act 1989 (Vic) provides that the powers of delegation under that Act can either be delegated to its staff members or to the CEO, who may then sub-delegate their powers (provided that the delegation to the CEO specifically authorises him or her to sub-delegate). Therefore, the CEO is able to sub-delegate to Council staff without infringing the presumption.

Appointments and Authorisations

There is a basic distinction between a delegation and an appointment. A delegate acts on behalf of the Council, exercising the Council’s powers. A person who is appointed to a position has the powers of that position.

Appointments should carefully identify the office to which the person is being appointed.

If an “authorised officer” is appointed under section 224 of the Act then the appointment must be recorded in the register of appointments kept under section 224(1A) of the Act.

There are significant differences in the powers of officers, depending on the legislation under which they have been appointed, for example:

Office held	Example of restriction on power
"authorised officer" under s 224 of the Local Government Act 1989	May enter land or building in the municipal district "at any reasonable time" (s 224 of the Local Government Act).
"authorised officer" under the Health Act 1958	May enter trade premises at any time when such trade is in progress or is usually carried on (s 400 of the Health Act 1958).
"authorised officer" under the Planning and Environment Act 1987	Before entering any land, must get occupier's consent, give two days' notice or obtain a warrant (s 134 of the Planning and Environment Act 1987)
“authorised person” under the Residential Tenancies Act 1997	Before entering a residence must obtain the written consent of the occupier(s) (s 526 of the Residential Tenancies Act 1997)

The term “authorised officer” does not have a constant meaning – its meaning varies according to the context in which it is used. Some officers are “authorised officers” under particular legislation by virtue of their position, and no other form of appointment is necessary or appropriate, for example:

Office held

Relevant legislation

municipal building surveyor

Section 254 of the Building Act 1993 ("prescribed" under reg 1702 of the Building Regulations 2006). They are "authorised officers" under that legislation for offences against regulations 703, 707, 708, 709, 710, 1009, 1205, 1207, 1208, 1211, 1214, 1216, 1217 and 1218 of the Building Regulations.

environmental health officer

Environmental health officers are

· "authorised officers" under the Food Act 1984;

· "authorised officers" under the Tobacco Act 1987.

A number of actions can be undertaken by Council officers by virtue of their being Council officers, and no other appointment is necessary:

Office held	Relevant legislation
"any member of the staff of any municipal council"	power to file a charge for an offence under the Summary Offences Act 1966 - section 56 of that Act

The Need to Review Delegations and Appointments

Commonwealth and State legislation undergoes a seemingly constant process of review, amendment and change. Acts are also repealed and new legislation passed. Council’s Solicitors, Maddocks, prepare documents which review these changes. In these documents Maddocks also provide guidance to assist Council in the effective allocation and control of decision-making powers.

In addition to legislative amendments, given restructure of positions, some delegations made to a specific staff position have been amended to refer to the new positions.

There are several reasons why delegations should be made carefully and reviewed regularly, in particular:

· Accountability and responsibility for decisions is possible only if decision-makers are identified;

· In delegating responsibility, Council can set conditions, limitations and guidelines for decision-makers, including reporting requirements; and

· Council decisions are often subject to legal scrutiny in courts and tribunals. This calls for precision about what decision was made, who made it and when it was made.

Using powers conferred by the Interpretation of Legislation Act 1984, the Instrument of Delegation incorporates provision for conditions and limitations on delegate’s powers. Using the principles of common law, Maddocks have included guidelines to assist decision-makers to make decisions in a consistent manner, and incorporating reporting requirements.

Describing Staff Delegations

In the case of each of the delegations recommended in this Report, the source of power to delegate is recited. In most cases this is a combination of Section 98 of the Act and the delegation powers under other legislation.

Recitals in the Instrument of Delegation to the CEO are in the form of a schedule setting out the source of power for each recommended delegation.

The instruments are in a form which allows Council to identify the source of the power, to understand what is being delegated, to whom it is being delegated and any limitations that will apply.

The selection of officers to whom various powers are proposed to be delegated is based on Council’s adopted organisational structure. Delegations are usually to the relevant Senior Manager and/or the position most relevant to the Delegation. In some instances this is dictated by specific skills or accreditation as defined in the relevant Act.

Delegation to the Chief Executive Officer

Most statutes impose limitations on the powers which may be delegated. Usually one of the powers which may not be delegated is the delegation power itself. However, this limitation does not apply in respect of delegation to the CEO. Under Section 98 of the Act:

“(3) The instrument of delegation to the chief executive officer may empower the chief executive officer to delegate a power of the Council other than the power of delegation to a member of Council Staff.”

The Instrument of Delegation to the Chief Executive Officer may therefore empower the CEO to exercise various powers of the Council, including the power to delegate powers to Council officers.

Delegations to Officers

The power of delegation under Section 98 is a power to delegate Council’s powers under the Act, or any other legislation (with specific exceptions).

The delegation power does not apply to statutory appointments as these are not delegations of Council powers. Persons who are appointed to positions are acting as holders of statutory powers and are not acting as delegations. For example, an Authorised Officer appointed under Section 224 of the Act or a person appointed to institute proceedings on behalf of the Council (Section 223 of the Act).

A recurring problem with delegations to Council officers is that if delegations are made to named officers then each time a new officer is appointed a further instrument of delegation must be made. A solution to this problem is to delegate to the person who, for the time being, occupies a specific office, for example, to the “Manager Finance”. This is the approach taken in the Instruments of Delegation recommended to Council for adoption.

The proposed Instrument of Delegation by Council to designated Staff contains details of the source (Act or Regulation) of each of the delegations listed. Council has added to the Schedule the list of designated officers and details of any limitations that are to apply in the exercise of the delegated authority.

Unlike delegations to Special Committees, there is no express legislative provision for the Council to “require” officers to report to Council at intervals about decisions made under the delegation. However, as officers are employees of Council, this requirement can be imposed as one of the requirements of the job.

The recommended approach is for the CEO and officers to report to Council at regular intervals where relevant about decisions made under delegation. This addresses one of the common concerns raised in relation to this system of delegation, namely, how does the Council, as the responsible decision-making body, follow decisions and actions taken on its behalf by delegates.

One method of addressing this situation is that which has previously been adopted by Council, namely the adoption of Guidelines setting out the expected reporting requirements of staff when making decisions or taking action in accord with the powers delegated to them. It is proposed to continue with this approach and the Guidelines – Delegations to Members of Council Staff, as previously adopted by Council, will be distributed to all staff to which delegated authority has been granted. The Guidelines ensure accountability of the CEO and other staff to whom decision-making powers have been delegated.

The Guidelines set out the expectations for staff and contain a Table and Schedule setting out reporting requirements. There have been no changes to the Guidelines previously adopted by Council.

Documentation

It is important that decisions and actions taken under delegations be properly documented.

If the delegations were not in place, the exercise of functions, powers and duties of Council would be recorded in the minute book of the Council.

It is possible that the decisions taken under delegation will be reviewed in other spheres (i.e. internal or management review, Council review, Ombudsman, Victorian Civil and Administrative Tribunal (VCAT), Inspector of Municipal Administration, Auditor General and the Magistrates’ (or superior) Court).

Therefore, a proper record of delegated action must be kept to ensure that the decision or action can be substantiated at a later date.

The detail and method of recording will depend on the nature of the power, duty or function. However, the need for proper documentation should be upmost in the minds of all delegates.

Register of Delegations

Under sections 87 and 98 of the Act, the Council is required to keep a register of delegations to Special Committees. Under section 98 a register of delegations to members of Council staff must be kept. Those registers of delegations kept under sections 87 and 98, including the date when delegations were last reviewed under sections 86(6) and 98(6), must be made available for public inspection (Regulation 11(j) of the Local Government (General) Regulations 2004) (“the Regulations”).

Ratification of Officer Decisions

Several Acts which confer powers of delegation provide that particular decisions by delegates are of no effect unless ratified by Council. Namely, a decision by an officer to grant, renew or transfer registration of food premises under Section 58A(2) of the Food Act 1984 requires ratification by Council. In addition, a refusal by an officer to issue a permit for a septic tank system under Section 53M of the Environment Protection Act 1970, requires ratification by Council. A refusal by an officer to grant, review or transfer registration of premises under Part 19 of the Health Act 1958, also requires ratification, under Section 374A of the Health Act 1958.

Staff Delegations and Appointments

In the case of each of the delegations, the source of power to delegate should be recited. In most cases, this is a combination of section 98 of the Act and delegation powers under other legislation.

The selection of officers to whom various powers should be delegated is dependent upon the administrative structure of an individual council. For example, it may be that in some cases Councils do not allocate responsibilities in respect of each particular Act to the one officer.

The Instrument of Appointment as an authorised officer is normally pursuant to section 224 of the Act. If a person is appointed to be an authorised officer under that section, then the following must also be considered:

1. It will be necessary to record the appointment in the register kept by the Council under section 224(1) of the Act (of appointments of persons to be authorised officers). There is a further requirement under Regulation 11(n) of the Regulations that the register be available for public inspection;

2. Section 224(2) requires that Council “must issue an identity card to each authorised officer”; and

3. The powers conferred by this appointment are only those powers enumerated in section 224 of the Act. Other legislation provides other powers to Council officers if the requirements of that other legislation are followed, for example, the power of entry under Section 400 of the Health Act 1958 which is conferred on “authorised officers” under that Act and the power of entry under Section 229 of the Building Act 1993 is available only to municipal building surveyors.

3. Financial Implications

There is no capital funding implication from this Report and any operational (recurrent) costs associated with the proposed changes will be covered through normal budget allocations. There is no direct financial risk from this Report.

4. Cost Shift Considerations

No cost shifting will result due to the adoption of the recommendations of this report.

5. Community Consultation

There has been no community contact or participation in this Report as the matters dealt with in this Report are of a governance and operational nature. Decisions regarding the operation of Council’s system of delegation are being made in an open meeting format and the community can access the Report and associated documentation. A Register of Delegations must also be made available for public inspection.

6. Internal Consultation

There has been consultation with the CEO in addition to individual members of staff, in particular those who are Authorised Officers, as part of a review of the legislative provisions, including changes to them.

7. Legislative / Policy Implications

An effective and current system of delegations is crucial to the operations and functions of Council. It is possible that the decisions taken under delegation will be reviewed in other spheres, including the judicial system. Therefore, a proper record of delegated action must be kept to ensure that the decision or action can be substantiated at a later date.

8. Environmental Sustainability

There is no environmental impact from this Report.

9. Conflict of Interest Considerations

No officer involved in the preparation of this report has any direct or indirect conflict of interest..

10. Conclusion

The effective allocation and control of decision-making powers is pivotal to the operation and functions of Council and its commitment to good governance.

Application No	Applicant	Address	Date Rec	Summary of Proposal	Status
PPA584/15	James Golsworthy Consulting	4193 Patchewollock- Sea Lake Rd, Nyarrin	22/01/2015	3 Lot Subdivision (Excision of existing dwelling and Re-subdivision)	New
PPA588/15	Adrian Cummins & Associates	16 High St, Charlton	14/01/15	4 Lot Subdivision	New

Date	Permit No.	Applicant	Address and Project
10.12.14	574/14	Charlton Bakery 60 High Street Charlton 3525	60 High Street, Charlton Pty No: 363 009 802 Building and works in a HO Overlay
10.12.14	578/14	Goodwin Village P O Box 196 Donald 3480	Lot 1 of Lodged Plan 116087 known as Richardson Heights, Donald 3480 Pty No: 111 605 603 Two unit development
23.12.14	581/14	McKnight & Bray Building Design 69 Victoria Street Kerang 3579	Lot 2 Plan of Subdivision 409705 Pty No: 363 011 202 Known as 94 High Street, Charlton Buildings and works
23.12.14	583/14	McKnight & Bray Building Design 69 Victoria Street Kerang 3579	Lot 1 Plan of Subdivision 96348 known as 317 Broadway, Wycheproof Pty No: 370 410 104 Building and works
Date	Permit No.	Applicant	Address and Project
23.12.14	577/14	Northern Land Solutions P O Box 1054 Swan Hill 3585	CA 80, 103, 103A Parish of Carron known as 117 Downes Road, Litchfield 3480 Pty No: 181 517 003 Two lot subdivision (boundary realignment)
12.2.15	530/13	Coonooer Bridge Wind Farm Pty Ltd Boeing Centre Level 3 55 Blackall Street Barton ACT 2600	CA 12B & 16A Section B 24, 25 (Pt), 25A Section 5, 28A Section 5, 33, 34 Section A, Parish of Yeungroon known as; 941 Yeungroon-Coonooer Road, Yeungroon Pty No: 381 916 002 Use and development of a Wind Energy Facility and Native Vegetation Removal
22.12.14	568/14	iPlanning Service Pty Ltd P O Box 1401 Bakery Hill 3354	CA 1K Parish of Donald known as; Cope Cope Road, Donald 3480 Pty No: 182 605 203 Use and development of a Rural Store
15.1.15	586/15	Access Grain 42 Calder Highway Nullawil 3529	CA 43 Section D Parish of Nullawil known as; Nullawil – Birchip Road, Nullawil 3529 Pty No: 257 402 704 Buildings and works to install an office and amenities block
15.1.15	585/15	Ross Lane 13 Armstrong Street Charlton 3525	Lot 1 Title Plan 704775 known as; 13 Armstrong Street, Charlton 3525 Pty No: 360 000 902 Buildings and works in and LSIO
15.1.15	582/14	Price Merrett Consulting P O Box 1172 Swan Hill 3585	CA 23 Part A Parish of Wycheproof known as; 52 High Street, Wycheproof 3527 Pty No: 372 008 204 Two Lot Subdivision
15.1.15	587/15	John McConville P O Box 137 Donald 3480	Lot 2 of Plan of Subdivision 319369 known as; 8 Sproats Lane, Donald 3480 Pty No: 116 203 103 Use and development of an outbuilding

NO.	TOPIC		PURPOSE
1.	Declarations of Conflicts of Interest
2.	Councillor Only Session
3.	Presentations
	3.1	Mark Remnant/Jessie Holmes Community Engagement Strategy (5.30pm)	Attachment
		Dinner Break (6.15pm)
4.	Items for Discussion
	4.1	Draft Agenda and Reports – 12 November 2014
	4.2	Council Delegates – Identify Changes proposed for adoption at 26 November 2014 Special Meeting	Current list was tabled 15 October 2014 Briefing.
	4.3	Public Access to Keys to Council Facilities/Vehicles	Attachment
	4.4	Special Meeting 26 November 2014 (Election of Mayor) – Invitations and arrangements
5.	CEO Updates
	5.1	Unsightly Premises
	5.2	School Bus Route
	5.3	Council Light Fleet
	5.4	Donald Caravan Park
	5.5	President – Donald 2000
6.	Councillor Matters

Date and Time:	19 November 2014	Time: 5.00pm to 8.00pm
Location:	Wycheproof Supper Room

NO.	TOPIC		PURPOSE
1.	Declarations of Conflicts of Interest – Nil
2.	Councillor Only Session
3.	Presentations
	3.1	Workshop of Land Asset Review – Anthony Judd (5.30pm)	Attachment
	3.2	Building Surveying Services (Jessie Holmes)
4.	Items for Discussion
	4.1	Draft Agenda – 10 December 2014 Ordinary Meeting	Attachment
	4.2	Murray Darling Association - Region 3 Briefing	Attachment
5.	CEO Updates
	5.1	Council Plan
6.	Councillor Matters
	6.1	Central Victorian Greenhouse Alliance Solar Project
	6.2	Central Murray Transport Group Advocacy

Date and Time:	4 February 2015	Time: 5.00pm to 8.00pm
Location:	Birchip District Office

Provider	Recipient	Date	Purpose for Recognition
Birchip P-12 College	Joe Boyle Wilkur	15.12.14	Birchip P-12 College Dux for 2014
Charlton College	Gil McKenzie Charlton	15.12.14	Charlton College Dux for 2014
Donald High School	Daniel Griemink Massey	15.12.14	Donald High School Dux for 2014
Tyrrell College	Hayley Boxall Woomelang	15.12.14	Tyrrell College Dux for 2014
Wycheproof P-12 College	Tessa Noone Wycheproof	15.12.14	Wycheproof P-12 College Dux for 2014

COMMUNITY PLAN	AUSPICE
Berriwillock Community Plan	Berriwillock Progress Association
Birchip Community Plan	Birchip Forum
Charlton Community Plan	Charlton Forum
Culgoa Community Plan	Culgoa Progress Association
Donald Community Plan	Donald 2000
Nandaly Community Plan	Nandaly Progress Association
Nulawill Community Plan	Nulawill Progress Association
Watchem Community Plan	Watchem Progress Association
Sea Lake Community Plan	Advance Sea Lake
Wycheproof Community Plan	Wycheproof Vision