Minutes of Ordinary Meeting

Permit No.	Address	Project Description	Value	Date Approved
20150064	343 Broadway, WYCHEPROOF	New Building: Shed	$9,000	03/09/2015
20150066	498 Hogans Road, NARRAPORT	Other: Swimming Pool & Safety Barrier	$43,400	17/09/2015

Permit No.

Address

Project Description

Value

Date Approved

20150064

343 Broadway, WYCHEPROOF

New Building: Shed

$9,000

03/09/2015

20150066

498 Hogans Road, NARRAPORT

Other: Swimming Pool & Safety Barrier

$43,400

17/09/2015

Permit No.

Address

Project Description

Value

Date Approved

20150067

25 Watson Street, CHARLTON

Extension to existing school building

$273,486

15/09/2015

1. Executive Summary

This report, prepared following a review of the status of Committees of Management appointed by Council to assist with the care, maintenance and management of Council owned facilities and land; including land and facilities where Council is the appointed Committee of Management under the Crown Land Reserves Act, pursuant to s86 of the Local Government Act 1989 (the Act), proposes the transition of these committees to Advisory Committees as set out in the s3 of the Act (Definitions).

The transition of all Committees appointed by Council from Special Committees appointed under s86 of the Act to Advisory Committees is designed to reduce the burden on members of such Committee by removing from them the requirement to comply with all of the provisions of the Act that apply to Councillors and to Meetings of the Council. These requirements have become more onerous over the years and are no longer seen to be appropriate to the volunteer status of Committee members. Requirements that will no longer be relevant will include the need to publically advertise all meetings, maintain financial accounts in accord with Local Government accounting requirements, compliance with conflict of interest rules and declaration of all interest.

The transition will not in any way weaken to relationship between Council and the respective Committees impacted by these changes. This relationship will remain as strong as it has ever been.

The transition will not impact on the governance of Committees. Council believes the governance practices of current Committees are sound and is seeking to ensure this continues by not burdening Committees and Committee members with the requirements that apply to Councillors under the current provision of the Act.

The transition will also have no impact on funding arrangements between Council and the Committees affected by this decision. Funding arrangements, whether direct to an individual Committee or through grant programs will continue as before. Committees will also continue to have access to Councillors and Council staff as required.

The reason for the transition, as detailed above, is to ensure that volunteers continue to feel supported by Council, that volunteers are not adversely impacted by amendments made to the Act over recent years and to ensure individuals wish to continue to contribute to the well being of their respective communities through Committee involvement.

As part of this transition Council will prepare an Information Manual for issue to all Advisory Committees setting out ‘best practice’ principles and detailing the support to be provided by Council.

That the Chief Executive Officer allocates resources to ensure this transition takes place within a 12 month period form Council adoption of this report.

2. Discussion

Introduction

The review was undertaken to provide Buloke Shire Council with a clearer understanding of its committee and land management arrangements and to identify future approaches including governance arrangements.

Community based committees have historically assisted Councils with the care and management of community sporting and recreation facilities. Membership of these Committees is drawn from the community and without this volunteer involvement many facilities and activities across the Shire would not operate as successfully as they do.

The Local Government Act 1989 (the Act) allows that to occur through a variety of mechanisms including the establishment of a Special Committee of Council pursuant to s86 of the Act, the establishment of an Advisory Committee (as set out in Section 3 of the Act) and various occupancy arrangements in including formal lease arrangements.

The main arrangements currently in place (most of which appear to have commenced in the mid 1980’ and 1990’s prior to the establishment of the Shire of Buloke) are:

• Council land managed by a s86 Committee – these can involve substantial assets such as swimming pools, the George Gould units in Birchip and the Wycheproof Saleyards.

• Council land managed by a committee, or other group, under some other arrangement such as an advisory committee established under s3 of the Act, historical society, sports association, incorporated community organisation, township forum or reference group. Properties managed by these groups include sports fields, former courthouses, museums, etc. owned by Council and other historic buildings

• Crown land managed by the Council appointed as a committee of management under s14 of the Crown Land (Reserves) Act 1978, which in some cases, Council has “transferred” to a committee appointed under s86 of the Act or through some other arrangement such as a lease or a licence. These sorts of arrangements are likely to apply to land and facilities such as multi use recreation reserves and include the Birchip Leisure Centre.

Special committees established in accord with the provisions of s86 of the Act are the only types of committees empowered to exercise delegated functions and powers of Council with appropriate controls. Delegated functions and powers can include a wide range of activities and are regulated by a Deed of Delegation authorised by Council. Typically, a Deed of Delegation:

- is authorised by a resolution of Council,

- comes into force immediately the common seal of Council is affixed;

- remains in force until Council resolves to vary or revoke it;

- is subject to any conditions and limitations set out in it; and

- is to be exercised in accordance with any guidelines or policies, which Council from time to time.

S86 does not limit Councils to appointing committees for land management functions only. A s86 committee can be appointed to undertake any function of the Council, except those that are expressly excluded by the Act from delegation.

Advisory Committees established by Council have legal status under the Act. Advisory Committees are usually established with specific objectives which could include:

- control and management of a facility;

- to act as a promotion and co-ordinating body for the Facility

- to act as an advisory and liaison body between the Council and the community which use the Facility;

- to encourage public interest and maximise involvement and participation of the community in the development of the Facility;

- to ensure a wide range of community, cultural and entertainment programs are fostered to give residents a choice of leisure-time activities;

- to ensure the effective financial control of the Facility to meet user objectives; and

- to make representation to Council on behalf of other organisations relating to the

Facility.

Involvement in the management of a community asset/facility provides a way in which members of a community can have a sense of ownership in the asset and a belief that they are contributing to community well being. In many cases, these committees are the only reason an asset/facility continues to exist as members of the community see it as an essential for the community. Sometimes it is the only central community asset available. In other cases, a grant may have been made available on the condition that the asset for which the grant was obtained is managed by a representative community group.

Buloke Shire has many examples of how committees manage community facilities, including housing units which, pursuant to conditions of funding from State and Commonwealth Governments and various agreements between the Council and the Director of Housing, must be managed by a representative committee that includes members of the community, service clubs and Council.

State and Commonwealth Governments use committees of management at the local level to manage community assets owned by them. Sometimes, they may be the only way in which a community facility can be supported and sustained. The (Victorian) Department of Sustainability and Environment (DSE) uses such committees extensively and has developed manuals and guidelines to assist committees in undertaking their particular tasks.

Being a member of a committee managing public/community assets is no longer a simple commitment of time and in some cases, labour. There are many requirements that apply to committee members such as regular reporting, disclosure of interests, “compliance “with an organisation’s code of conduct and record keeping obligations. DSE has developed a “layered” approach to its land management bodies, some of which may be useful for Council to apply. Guidelines have also been developed by DSE for DSE appointed Committees of Management of Crown Land that can be used as a model for a future approach by Council.

Many Victorian Councils have undertaken similar reviews of special committees. Council governance of special committees has also been the subject of investigation by the Local Government Investigations and Compliance Inspectorate (Inspectorate). Judging by the issues that the Inspectorate has identified, many Councils have similar issues and outcomes to those identified in this review, including lack of accurate information about the number of committees that have been established, membership of those committees, limited documentation about committees such as instruments of delegation and financial and other reporting requirements.^{^[1]} In response, many Councils have documented requirements, processes and procedures applying to special and other committees in Manuals or Guidelines. These too can be used as models for a future approach.

The current position

A review of Council’s “Asset Register”, records provided by DSE, the s86 Committee Register, Council Minutes from 1995 – 2012 and Council’s Annual Reports has been undertaken.

The review has also involved research of other data bases such as Council property records and documents such as limited correspondence.

The review has identified that there is inconsistency in Council documents e.g.: between the Special Committees listed on the “Section 86 Committee List” (Register) and the list appearing in successive Annual Reports. There is further inconsistency with the information in Council’s Asset Register and information in the DSE list of land where Council has been appointed as a committee of management.

There is also a lack of related documentation, particularly in terms of current lists of the members of Committees, any Deeds of Delegation that may have been issued in the past, clarity of the objectives of appointed Committees, written guidance to Committees by way of Management Guides, Management Manuals and statements of expectation in terms of compliance with the provisions of the Act. In short, there are limited records of Council decisions in relation to appointments to Committee for the period 1995 – 2012. Specific deficiencies include records relating to:

- a comprehensive review of Council’s committee arrangements since 1995;

- details of the appointment and reappointment of committees of management since the late 90’s;

- details of deed of delegation issued to committees of management since the mid 1990’s;

- revocation or variations to committee appointments;

- a change in committee status from a s86 committee to an advisory committee or agreeing to a committee becoming an incorporated association under other legislation;

- determinations of committee memberships;

- resolutions establishing the term of appointment of any special committees;

- definition of a committee’s role or setting the limits of any delegation;

- the submission of financial reports or minutes of meetings;

- advice to committee members of the requirement to submit register of interest returns.

The research has been complicated by the different names that are sometimes applied to the same Council facility or land being managed on DSE’s behalf.

There is sometimes a lack of clarity about where Council land begins and ends and where DSE land begins and ends.

While DSE has location maps of Crown Land reserves in Buloke Shire, including where Council has been appointed as a committee of management, those maps do not delineate the “territory” of the current user groups. Examples of this include the recreation reserve and golf club at Birchip and Gordon Park Charlton.

This situation is not helped by the fact that at some time both Council and DSE has built facilities on the other’s land, or in some instances, across title boundaries, such as the Charlton Pool and the Jeffcott Pavilion at Donald. (This is not an occurrence that is unique to Buloke Shire. In some cases it was “how things were done back then”, especially if the land was for a joint use facility or a partnership between a Council and State Government agency.)

Time needs to be taken to clearly delineate and understand property ownership and management responsibilities. This may require a more detailed mapping exercise.

The Register^{^[2]} shows that most of Council’s s86 committees were appointed in 1995 (at the time of the establishment of the Shire of Buloke) and that the appointments were predominantly for the management of recreation and leisure facilities.

It is possible that the committees appointed in 1995 reflected arrangements and understandings made with the former Councils about use, access and maintenance of facilities by sporting clubs and community groups. It could also partly explain the lack of documentation about responsibility for different components associated with occupation of Council land or Crown land, such as responsibility for insurance, utilities, maintenance and the variations between committees of those arrangements. Whatever the reason, there seems to have been little or no consistency in the “governance” of special committees appointed by Council in the mid 1990’s.

With few exceptions, few of the s86 committees appointed in 1995 have provided regular reports or financial information to the Council as required under the provisions of the Act. At the same time, it must be also acknowledged that Council has not sought to follow-up on this failure to comply with the requirements of the operations of s86 Committees.

It also seems that in the mid 1990’s most Commissioner and Council decisions about s86 committees related to requests from committees for approval/advising a change of membership or a change in the office bearers of committees.

In 1996, there was a request by the Sea Lake Community Centre Inc for Council’s support of its application for a liquor license and for a lease relating to the property to “demonstrate the Committee’s entitlement to occupy the premises.” In 1997 the Council appointed the Committee as a s86 committee, endorsed the membership of the Committee and noted that the delegation to the Committee was in accordance with the lease agreement. There seems to be no record of Council approving the additional legal status taken on by the Committee prior to it becoming an incorporated association.

Similarly, there seems to be no record of approval sought from the Council for the Birchip Community Housing Committee to become an incorporated association - Birchip Community Housing Committee Inc – on 12 June 2007 under the Associations Incorporation Act 1986.^{^[3]}

In July 1997, the Birchip Recreation Reserve Committee and the Birchip Leisure Centre Committee merged and became an incorporated association. Council’s approval of the merger was sought and obtained with the Council decision recognising the new name of the Committee as the “Birchip Community Leisure Centre Inc”.

It was reported in the Minutes of the Council meeting of 8 July 1998, that an Interim Audit Report had identified concerns that a number of s86 committees had separate financial systems and that steps should be taken to ensure that transactions and balances be reported as part of the Council’s financial report.

There are a number of reports in the Council Minutes from 2000 onwards with various resolutions, or Councillor reports, confirming the existence/continuation of some committees and Councillor participation on some of them.

There seems to have been a concern by Council about the committees appointed by it (possibly in response to representations and meetings with recreation reserve committees about funding for maintenance, insurance, utility costs etc), and at the December 2003 meeting, Council resolved that:

“Council receive a report listing the section 86 Committees and other Incorporated and other bodies associated with our Shire owned facilities. Could details of the management status of each facility, the insurance value of the assets managed, and the 2003/2004 arrangements for paying this insurance, be included.”

The subsequent report was submitted to the May 2004 Council meeting. It provided the (then) Committee Register and attached a list of Crown Land where the Council had been appointed by DSE as the committee of management. That list contains substantially more properties than the recent information provided by DSE.

Council Minutes following that report indicate that there was continuing confusion about the status of committees. For instance, in the August 2005 Minutes there is a reference in the subject heading of one item to “Public Hall Advisory Committees for Wycheproof and Donald Halls“ but the recommendation adopted by the Council was that:

“The Buloke Shire Council accept the nominations for the Wycheproof and Donald Hall Committees and form a section 86 committee as the legal entity”.

The appointment of the Wycheproof and Donald Hall committees as s86 committees following that resolution appears in the Committee Register.

The appointment of special committees listed in the Register has no “end date”. There is no record in the Minutes of annual or regular review and re-appointment by the Council of special committees. It is possible that once having been appointed, special committees were mostly left to “get on with it”. This can be contrasted with the regular review and annual appointment of Councillors by Council to external committees/bodies, such as the MAV, which is evidenced in the November (and now December) Council Minutes each year.

There continued to be intermittent references in the Minutes (as late as 2008) to requests or a notification by a committee to change office bearers, but again, this was not done by all committees.

In reality and in practice, very few committees appearing on the Committee Register function as s86 committees.

Many of the special committees established by previous Councils have morphed into “advisory” committees, or into “committees” of one or 2 committed people. This seems to have happened by discussion, rather than by any formal Council process. It is highly likely that the membership of such committees does not resemble the membership at the time the committee was appointed.

One interpretation to come from this review is that there could be a case for arguing that most, if not all, s86 committees have lapsed and have simply become advisory committees.

The contrary position is that the appointment of a s86 committee, irrespective of when it was made, remains in place until the Council revokes the appointment. This does not appear to have been done.

Some committees may have been absorbed into wider community auspiced committees. For instance, the Charlton Forum may have absorbed the Charlton Hall Committee, the Gordon Park Caravan Park committee and the Charlton Travellers Rest committee.

From discussions with Council officers and review of Council Minutes, it would appear that the position of s86 committees was closely linked with recreation policies and strategies of the Council. For example, the Minutes of 12 November 1997 show that the Council resolved that “a change be made to the Recreation Funding Policy that the s86 committees of management for the recreation reserves be required to provide Council with a 3 year, not a 5 year financial plan.”

There was a substantial recreation funding review under taken in 2005^{^[4]} which may have also influenced the form of some existing committees. That review proposed a more equitable funding approach for recreation facilities in the Shire. Apart from a graded approach to classifying recreation facilities as the basis for funding provided by the Council, it was also recommended that funding be paid to a centralised township committee that was made up of representatives of each sport in the town. That committee would make the final decision about expenditure of funds. Council adopted the recommendations on 10 August 2005 and the funding formula and how funds are provided to communities for sporting and recreation facilities remains in place.

There is other land owned or occupied by the Council as a committee of management or a s86 committee that are not sporting and recreation focussed, such as the historic buildings, the Wycheproof Saleyards and the George Gould Homes at Birchip. Nevertheless, the key focus for the last major review in 2005 involving special committees was not so much on the governance of them, but the role they played in sport and recreation in the Shire.

For all of the above reasons, it is simply not possible to identify current office bearers or members of Council’s s86 committees, the terms of appointment or matters delegated to them. It is possible to identify “contacts” for some Council committees and it is also possible, based on later drafts of Instruments of Delegation, to have an understanding of what was delegated to committees.

There are apparently various arrangements, written and otherwise, for the occupation or management of some of Council’s land and buildings and for occupation of Crown Land, where Council has been appointed as the committee of management by DSE. Other than Ministerial approval, the DSE Resister and relevant maps identifying the land where Council has been appointed as a committee of management, there is no further documentation, possibly because most of the appointments were made in an era when the relevant legislation (Crown Land (Reserves) Act) was considered sufficient.

There are various agreements between Council and other Government entities such as those such as joint use agreements with the Education Department at Sea Lake and Wycheproof about the school’s stadium. (There was also a joint agreement between the Education Department and the former Charlton Shire Council which was subsequently revoked by mutual consent.

In 1994 and 1995 Council entered into agreements with the Minister for Housing for funding for 7 units for the George Gould units in Birchip and those agreements remain in place. In addition to requiring that a broad based community committee (including with Council representation) be established to manage the units, the agreement requires that the Minister for Housing be repaid if the Council sells the units or withdraws from the agreements.

The review has identified that in approximately 2000; an Instrument of Delegation was prepared and applied to some Council committees. (There are references to Instruments of Delegation in the Council Minutes in the mid 90’s but copies of the Instruments themselves were not able to be found). As indicated earlier, Instrument is a standard form Instrument of Delegation which remains in force until Council resolves to vary or revoke it. The Instrument sets out the powers, functions and duties of s86 committees, membership, requirements about meeting procedure and financial accountability and general provisions that identified limitations on the committee’s powers. There is no evidence which confirms what committees operated under that delegation.

The review has also identified that there are leases for some Council managed Crown Land, for example lease of the caravan park at Foletti Reserve Donald. As a result of the review these leases are being reviewed to ensure their currency, compliance with current practice of law and that provisions relating to renewal are known and programmed for attention as required. Some of these leases will need to be renegotiated and readvertised in accord with the provisions of the Act.

As far as can be ascertained, the attached Table (Table 1) documents the current arrangements and management status of Council land and assets managed by special or advisory committees or land managed by the Council as a committee of management for DSE, although it is difficult to pinpoint the documents that are believed to exist. It does not document arrangements where there are direct appointed DSE committees of management, despite any financial or other Council subsidisation of the DSE asset such as inclusion of the land in Council’s insurance policy or contributions towards building maintenance.

The legislative requirements

A review of the 3 main pieces of legislation that are relevant has identified many similarities and the prospect of duplication of requirements for committees where a special committee is an incorporated association. These potential duplications come from the reporting and other accountability requirements applying to special committees appointed under the Local Government Act 1989, the Crown Land (Reserves) Act 1978 and the related Committee of Management Responsibilities and Good Practice Guidelines (currently under review) and the Associations Incorporation Reform Act 2012 which replaced the Associations Incorporation Act at the end of 2012.

The Local Government Act 1989 (the Act)

The Act, specifically sections 86 and 87, contains the specific requirements about Council appointed committees.

A Council can delegate any of its functions, duties or powers under the Act or any other Act to a special committee, subject to the limitations in the Act.

Special committees are not the only committees that can be established by a Council, but they are the only committees that can exercise delegated powers and functions on behalf of the Council.

The Act is also very definite in stating that the requirements that are required of and applied to members of special committees in the same way as they are applied to Councillors. The implications of this are addressed later in this section.

A s86 committee cannot be delegated the powers and functions excluded by section 86(4) of the Act, such as the power to declare a rate or charge, or the power to borrow or enter into contracts for an amount exceeding that previously prescribed by the Council.

Any delegation by Council to a s86 committee must be set out in a formal Instrument of Delegation from the Council and such delegations must be reviewed within 12 months of a general election.

A special committee may be required to report to the Council at intervals determined by the Council.

Special committees can be comprised of Councillors, Council staff any other persons or any combination of those.

In Buloke there are at least three instances where a special committee previously established by Council has become an incorporated association under the Associations Incorporation Act 1986. Given the prescription in the Local Government Act about the composition of a special committee, it is not possible for an incorporated association to be a special committee of the Council. While an incorporated association is a legal person, it is not the “natural person” intended by s86.

The Act proscribes those members of s86 committees, irrespective of whether they are Councillors, members of staff or other members:

· must not misuse their position – s76D (use of membership of a special committee to gain or attempt to gain, directly or indirectly, an advantage for themselves or for any other person) the

· must not release information that the person knows or should reasonably know is confidential information - s77 (restrictions on the use of information that is known to be, or could be reasonably known to be, confidential to the Council or a Committee);

· must disclose a conflict of interest in a matter being discussed or considered at a meeting that he or she will be at – s79 (conflict of interest provisions in the Act have been significantly strengthened in recent years and the penalties for nondisclosure are severe. Conflict of interest provisions now extend to include direct family members, partners and direct relatives.); and

· must submit a register of interest return to the CEO containing the information required by the Act (s81), unless the Council has resolved that a non Councillor member be exempt from the requirement – s81A(2A).^{^[5]} (returns must be submitted on the prescribed forms and within specific time frames).

The Act contains substantial financial penalties for contravention of these requirements, a fact that is probably not understood by non Councillor s86 committee members as there seems to be a view that membership of a Council committee will provide a level of “protection” from individual prosecution and penalty.

There are also requirements applying to meetings of s86 committees, these being:

§ a requirement that meetings of special committees be open to the public unless one of the exemptions in the Act applies; and

§ that a member of a special committee present at a meeting of a special committee must vote (unless prohibited from doing so).

The Chairperson of a s86 committee must arrange for minutes of the meeting to be kept and for them to be submitted to the next meeting of the committee for confirmation. Section 93(6) of the Act contains minimum requirements about what such minutes must contain. There is no specific requirement in the Act for minutes of s86 committees to be submitted to the Council, but as Council can require a special committee to report to it at intervals determined by the Council, the submission of minutes could be a way of satisfying this requirement.

Given the lack of current processes and controls applied to s86 committees, it is highly likely that members of special committees have a limited understanding (if any) of the implications of being a member of a committee appointed by the Council. Such appointment means that committees as entities of the Council are also required to comply with the same legislation applying to public bodies, such as the Public Records Act 1973 and the Freedom of Information Act 1982. These requirements have implications in terms of the management of records associated with committee decisions and activities and access to those records in the event of a specific request or as a result of legal proceedings. .

The degree of “control” or accountability exercised by a Council over a s86 committee, particularly one that is comprised solely of community members, is a function that needs to be exercised diligently. This is so not only from a governance perspective but also from the perspective that a s86 committee that has no controls applied to it has the potential to create legal risks for individual members. For example as the powers of s86 committees are drawn from the Act members could be held liable for decisions and actions that are outside of the power of a Council, or that are in breach of specific provisions of the Act, for example the ability to enter into contracts or to purchase goods without complying with the requirements of the Act.

Crown Land (Reserves) Act 1978

The other main area where Council has appointed a committee to manage land that Council has the management and control of are Crown land reserves. The restrictions and limitations applying to the management of Crown land is prescribed in the Crown Land (Reserves) Act 1978. It regulates management of Crown Land reserved for a public purpose such as municipal purposes, recreation, water reserve, and road reserve and so on. It provides for reserved land to be managed by trustees (who can appoint committees of management under s14(1) of the Crown Land (Reserves) Act or by committees or management under s14(2), whether incorporated or unincorporated.

A Council can be appointed as a committee of management under s14(2) of the Crown Land (Reserves) Act, as can a water authority or any committee or board established for a public purpose under legislation. There is no specific power in the Crown Land (Reserves) Act for a Council to delegate its crown land management functions. That power comes from s86 of the Local Government Act.

In contrast to the position under the Local Government Act which does not contemplate s86 committees being incorporated, the Crown Land (Reserves) Act provides a simplified form of incorporation (in comparison to that under the Associations Incorporation Act) for unincorporated committees of management and in fact encourages incorporation. Slightly different arrangements apply to committees of management appointed by trustees than to other committees established under s14(2) of the Crown Land (Reserves) Act.

Sections 15 and s17 of the Crown Land (Reserves) Act prescribes the powers of committees of management, including:

· managing, maintaining and improving the land for the purposes for which it is reserved;

· carrying out works and improvements on the land;

· granting leases or licences over the land, subject to the restrictions in the legislation.

Under s15(8) of the Crown Land (Reserves) Act, a committee of management is required to keep full and particular accounts of income and expenditure and appropriate accounting and other records to sufficiently explain to the Secretary (of the Department of Sustainability and Climate Change), the transactions and financial position of the Committee. Section 15(8A) exempts a Council from the requirements unless the Minister specifically applies any of them. In discussions with officers from DSE it was stated that generally Councils as committees of management are not asked to comply with the specific provisions in section 15(8) because of the financial and reporting requirements in the Local Government Act. It should be noted though, that the Governor in Council may appoint a municipal auditor to audit the accounts of any committee of management for the purposes of the Crown Land (Reserves) Act.

This brings into question the Council’s position with respect to committees that are currently exercising control over reserves for and on behalf of the Council, particularly if the Council was placed in a position where it was required to “sufficiently explain to the Secretary (of the Department of Sustainability and Climate Change), the transactions and financial position of the Committee.” While committees of the multi use recreation reserves submit annual financial information, there appears to be little other information where the Council could quickly have a full understanding of the activities undertaken and the current “state of play” associated with those committees.

The Crown Land (Reserves) Act deals with a broad scale of types of committees of management, from those managing halls and recreation reserves in remote locations to multimillion dollar facilities such as the Phillip Island Penguin Reserve and other coastal locations on which significant businesses are operated and which attract international tourism. Committees are given quite extensive powers, among them the power to either grant a lease or a licence for others to occupy Crown Land or to enter into agreements to operate services and facilities consistent with the purposes of the reservation or to enter into tenancy agreements with others to erect buildings and other structures consistent with the purpose of the reservation.

Council could grant leases or licenses to committees for Crown Land which it is the committee of management of, subject to time limits and approvals required under the Crown Land (Reserves) Act. DSE has developed “A Leasing Policy – Crown Land in Victoria”. The period for which a lease may be granted without the requirement to obtain Ministerial approval has recently been increased from 3 to 10 years.

Apart from complying with various pre conditions in the Crown Land (Reserves) Act, a committee of management would have to demonstrate that the lease or licence granted by it would be consistent with 3 key principles being:

· to provide benefits to the public through leasing;

· to ensure consistency and transparency through leasing and

· to manage leased Crown Land in an ecologically sustainable manner.

The ability to lease or licence Crown land could be an option for the Council for future land management arrangements, subject to being able to adequately address the principles, which may be applied in degrees depending on the value of the asset.

In 2011 DSE published “Committees of Management – Responsibilities and Good Practice Guidelines” to supplement the Crown Land (Reserves) Act. It explains the additional requirements that apply to committees of management by virtue of their appointment as a Government “agency”. These include requirements to apply with the Freedom of Information Act, Information Privacy Act and so on. The Guidelines also provide useful advice about the management of conflicts and could be a useful model for any future committee arrangements.

Associations Incorporation Reform Act 2012

Incorporated associations are governed by State legislation. The Associations Incorporation Act 1981, which was enacted to provide a “corporate” identity and powers to an organisation and a form of protection from individual liability to members of such associations, was substantially repealed in the second half of 2012 by the Associations Incorporation Reform Act 2012, which came into operation on 26 November.

Transitional arrangements provide for the continued registration of currently registered incorporated associations.

New provisions increasing reporting and accountability requirements on associations and their management committees have been enacted.

Key among the changes will be the application of a 3 tiered financial reporting structure, with more structured financial reporting and audit requirements applying to those associations with larger revenue bases. Three reporting tiers are proposed:

- Tier 1 (associations with total revenue of less than $250,000 per annum)

- Tier 2 (associations with total revenue of between $250,000 and 1million per annum)

- Tier 3 (associations with total revenue of more than $1million per annum)

The annual financial reporting requirements for Tier 1 associations will not be significantly different to the current requirements, although reporting is now required to be done on new forms provided by Consumer Affairs Victoria who administer the legislation.

Of more significance for Tier 1 associations will be increased compliance requirements for members of the management committee. The concept of the “Public Officer” has returned to that of “Secretary” of an association who has specific duties prescribed.

There are also new requirements concerning a register of members, including a restriction intended to ensure that information about members on the register is not generally available to the public, although available for inspection to other members at the registered office of the association. Disclosure of information about a person on the register is limited to a disclosure where the purpose is related to participation in the association or a purpose approved by the association.

Other provisions apply a duty of care and diligence and a duty of good faith and proper purpose for office holders that reflect the common law fiduciary obligations of committee members based on those that appear in the Corporations Act 2001.

Other new requirements on members of committees formed under the Associations Incorporation Reform Act 2012 include requirements that:

· a committee member disclose a material personal interest and the nature of that interest in a matter being considered by the Committee; and

· information acquired as a committee member not be used for personal gain or to cause harm to the association.

The Act applies penalties for contravention of the legislation.

While the requirements in the new legislation would not be a concern for Councillors they could be quite daunting for committee members, especially as volunteers, if they were confronted with the prospect of having their actions scrutinised and having to defend themselves to avoid a penalty.

There are several incorporated associations managing Council facilities that will have to comply with the new requirements in the legislation including the tiered financial reporting requirements, which as observed previously, become more complex with each financial tier.

Council’s role as a Land Manager for DSE

As mentioned earlier in the report, information is included in the Table relating to circumstances where the Council has been appointed as a committee of management of Crown land. According to DSE records, there are 35 instances where such appointments have occurred. Some of the appointments date back to the late 1880s and in some cases land reserved as a “rubbish dump” has reached its “use by date” and is in the process of agreed rehabilitation. The current appointments are less than that submitted to the Council in 2005, the difference being that most of the additional reserves were either water reserves or quarry reserves.

In summary, Council is the appointed committee of management of the following Crown land:

Berriwillock Rubbish Depot

Birchip Recreation Reserve - Morrison Street, Birchip (2 reservations)

Birchip Recreation Reserve - Morrison Street, Birchip (1 reservation)

Birchip Show Yards - Morrison Street, Birchip

Charlton Children’s Playground – Watson Street, Charlton

Charlton Infant Welfare Centre & Kinder

Charlton Park Crown Reserve & Racecourse

Charlton Rubbish Depot (site closed)

Donald Court House Site

Donald Plantation Reserve

Donald Public Park – Park Street, Donald

Donald Public Purposes Reserve – Morgan’s Road, Donald

Donald Recreation Reserve - Borung Hwy, Donald

Donald Recreation Reserve – Moore Street/Corack Road, Donald

Donald Sanitary Depot – Sunraysia Hwy, Donald

Former Watchem Manure Depot

Gordon Park (Charlton Caravan Park)

Jeruk Road Purposes Reserve

Litchfield Recreation Reserve

Mt Wycheproof Public Park

Narraport Community Plantation Reserve

Nullawil Rubbish Depot

Old Wycheproof Courthouse

Road Purposes Reserve - Donald

Sea Lake Municipal Purposes Reserve

Sea Lake Swimming Pool Reserve

Towaninny South Water Reserve

Watchupga Public Recreation Reserve

Wooronook Water Reserve - Charlton

Wooroonook Lakes Reserve

Wycheproof Golf Club

Wycheproof Public Park – Centenary Park

Wycheproof Reserves

Wycheproof Swimming Pool Reserve

Yawong Weir Streamside Reserve

It can be seen from the above list that some of the reserves, primarily land reserved for road purposes, do not require additional management arrangements. Other areas, such as the Watchupga Public Recreation reserve that has been decommissioned for some years need to be returned to the care and management of DSE rather than Council.

The attached Table identifies as far as possible, the arrangements that are thought to be in place relevant to Crown Land where Council has been appointed as the Committee of Management. There have been no new appointments of Council as a committee of management of Crown land since 1989. Some of the appointments pre date the Crown Land (Reserves) Act. They remain in place until they are revoked and the land reverts to the Crown, or is sold.

It has been established that there is no individual specific instrument of appointment used where DSE appoints committees of management. The appointment is effected by the Minister making a recommendation to the Governor in Council that named committees be appointed as committees of management of Crown reserves. There are also no specific terms and conditions of appointment or instruments of delegation, but the requirements of the Crown Land (Reserves) Act and more lately, the Good Practice Guidelines are generally applied.

In almost all cases, Council transferred the management of the Crown land “portfolio” to a committee of management. The new Buloke Shire made appointments relevant to Crown land reserves in 1995. Such committees were first appointed by the then new Buloke Shire in 1995. Most arrangements concerning the multi use reserves are not adequately documented and if they are, they have not been reviewed and measured against contemporary practice and requirements in many years.

From what can be ascertained, Council has not entered into any lease relating to multi use Crown reserves with a committee managing the reserve. Further, the major recreation reserves that are on Crown land and managed by a representative user group appear to have no current documented basis for their management, other than their original appointment as a committee and possibly some variations to that which may or may not be documented.

There are arrangements within the multi use reserves with individuals or with a specific user group. For instance, the caravan park at Donald on the Foletti Reserve is leased to an individual. The Golf Club at Wycheproof is on land that is a separate reservation and that portion of what is known as the “Wycheproof Recreation Reserve” is managed by the Golf Club.

Some Bowling Clubs occupy land because of arrangements made with DSE or Council many years ago. Many clubs such as bowling clubs, may say that they have acquired long user rights or that they have a “permissive occupancy”. Even if relevant documents could be found, there could not be any certainty that they were the complete set of documents applying to any arrangements on the land.

Council also has 5 annual licenses to occupy Crown Land. These are also included in the Table to respond to Term of Reference 5, despite them not being managed by any sort of committee. The licenses are for:

· Rubbish depot – Watchupga – annual licence with DSE

· Rubbish depot – Curyo – annual licence with DSE

· Truck wash facility – Birchip – annual licence

· Pound Site Birchip – annual grazing licence with DSE

· General licence with DSE for rehabilitation and Conservation at Glenloth – Quarry Road.

The situation with respect to licenses from DSE for Council to occupy Crown land is clear in relation to the duration (yearly) and terms and conditions of occupation.

Consideration of arrangements applying to committees

The current status of Council committees, their terms of appointment and the requirements applying to them is both confused and confusing.

Council has power to appoint committees of the Council and the power includes the power to repeal the appointment and to specify the term of appointment. Council also has powers to appoint any person to a special committee and to remove a person from a special committee. Delegation to committees of Council powers and functions is required to be evidenced in an Instrument of Delegation (s86(3)).

A review of Council Minutes does not reveal any consistent evidence of any appointment, re-appointment, revocation of appointment, prescribed limit on the “life” of a committee, approval of membership or approval of any specific role and function for the majority of the committees referenced as s86 Committee.

Review of Council general records shows that it seems to have been the practice of most of the recreation reserve committees to name their membership, or a change in it, and submit it to the Council for "sign off". There does not appear to have been any specific follow-up of this advice by Council to formally appoint committee members. It is therefore arguable that, subject to any subsequent re-appointment evidenced in the Minutes, many of the special committee appointments made during the mid 90’s are still on foot.

There is information on file (as recently as 2007 and 2008) which suggests that some committees considered themselves s86 committees of the Council, even though the Council’s view of their committee status may have changed. For instance, minutes of the Charlton Shire Hall Committee in 2007 on committee “letterhead” refer to it as a “Section 86 committee of the Buloke Shire Council”. They record a discussion with the CEO about the status of that committee as a s86 committee and the complexities for small committees as a consequence. The Minutes indicate that there was to be further discussion about the committee becoming an advisory committee, or an incorporated association.

There is limited information (correspondence, Minutes etc) acknowledging the need for formal Instruments of Delegation to s86 committees. There does appear to have been various attempts to formalise individual committee arrangements through written instruments. However, it also appears that the intention was never fully achieved and that the requirements have been applied inconsistently.

As noted earlier, an Instrument of Delegation was supposedly provided at the time of the initial appointments of committees in 1995. In around 2000, a new Instrument of Delegation was developed, but it is not clear from Council records how widely it was applied.

That Instrument of Delegation developed in 2000 contained the following provisions:

· a description of the functions of the committee which included requirements to:

· submit an annual program of planned activities and income and expenditure prior to the finalisation of Council’s budget each year;

· conduct activities and incur expenditure in accordance with the annual program approved by Council;

· submit a quarterly report on activities.

· requirements applying to membership, meeting procedures, financial procedures (including a requirement for any money received to be forwarded to the Council within 72 hours); and

· general requirements including restrictions on the committee’s powers such as the power to enter into contracts for an amount exceeding the amount prescribed by the Council.

There were also requirements that the committee ensure that any information which could harm the Council be vetted by the CEO prior to release.

Terms of appointment

There appears to be no specific period of appointment of s86 committees. In the above Instrument, the terms of office bearers is prescribed but not the term or life of the committee. No information was found that suggests that a term of appointment was limited.

Reporting Requirements

Even if the above Instrument has been consistently applied, it is not clear whether all of Council’s s86 committees provide an annual program of planned activities or submit a quarterly report on their activities.

The committees of the larger recreation reserves – Wycheproof, Charlton, Donald, Birchip and Sea Lake - are required to submit annual financial statements and do so, before finalisation of the Council budget to receive an annual allocation for ground maintenance in the budget.

It is not clear whether smaller recreation reserve committees submit annual financial information.

The Birchip Community Housing Committee does not submit annual financial returns to the Council, nor report on their annual activities or proposed activities. At the same time it should be noted that the Council does not make any financial contribution to the operation of the Units.

The Wycheproof Saleyards Committee submit their financial reports to Council and financial information is included in the Council’s financial reports.

Other arrangements

As many arrangements with s86 committees may not have been documented, there is likely to be many variations with committees about responsibility for maintenance of land and buildings and insurance. The situation is not clear cut because, as mentioned earlier in the report, ownership of land, particularly where Council and Crown land are abutting is sometimes blurred (that is, there is a lack of clarity about the precise location of property boundaries which needs to be firmed up), and some buildings on land are not necessarily those of the land owner.

Following the Recreation review in 2005, s86 committee of management agreements and deeds of delegation were drafted. An agreement was also drafted concerning seasonal use of a facility by a club which was to be administered through the special committee. The terms and conditions of the management agreements and deeds of delegation reflect most of the matters which a Council appointing a s86 special committee is required or would be expected to address. These include a clear statement about roles, functions and powers, availability of funding, statements about risk management and insurance requirements, reporting requirements, the submission of financial information and the period for which the agreement would operate.

The management agreement and deed of delegation were never fully implemented in that they didn't proceed past "draft" stage, but many of the requirements and "understandings" expressed in them, (particularly with regard to responsibility for costs of the facility/land), are the basis on which the larger recreation reserves function.

Recommendations and options

The principles of good governance dictate that the number and type of committees that Buloke Shire Council has responsibility for, and the requirements applying to those committees, should be able to be established with certainty. The review has identified that this is currently not the case. This is a matter that must be addressed. Given the amount of work involved it is suggested action be taken progressively over the next 12 months.

The review has also confirmed that irrespective of who is managing the land for Council as a land owner, or Council as a committee of management of Crown land, Council remains responsible for the land and to varying degrees, for the activities that occur on it. Council cannot achieve this alone, and is heavily reliant on the community to assist in meeting this objective through the creation of partnerships and participation in local committees.

The Local Government Act applies clear requirements on Council in terms of its responsibility for the care, management and development of land under its control. While the Act is enabling in terms of the manner in which Council applies its powers it is quite proscriptive in terms of the manner in which those powers are exercised.

The Act provides for Council to partner with the community in exercising and applying its powers. However, as detailed in this report, Council needs to be diligent in the way in which it achieves this while at the same time ensuring that it does not place undue requirements and legal obligations on members of the community who volunteer to be part of the process.

It is also a risk to current and future s86 committee members not to know or understand the obligations imposed on them, especially as some of the conflict of interest prohibitions can incur significant individual penalties. Irrespective of penalty amounts, it would be unfortunate for a member of a special committee to have to be involved in defending an allegation of conflict of interest in any of the committee’s dealings.

There are several things that are clear:

· The position in relation to s86 committees of Council and overall land management arrangements, whether Council land or Crown land where Council has been appointed a committee of management, is far from clear. While the management arrangements may be thought to be clear to some, they are not adequately understood by Council and committee members, nor are they appropriately documented.

· Delegation of Council’s functions and powers whether to the CEO, member of Council staff or a committee cannot be granted and then not monitored and reviewed. Councils are required to review delegations within 12 months of the general election. Even if a committee does not have formal delegations in place but is exercising functions and powers of the Council, it may still be considered to be a special committee and hence, should be complying with requirements in the Act.

The requirement to review delegations within 12 months of a general election makes the requirement in relation special committees difficult to do properly or effectively when it does not know what it has in place.

· Council and the community are reliant on the good will of committees to manage Council and Crown land and facilities in the Shire.

· The requirements associated with being a member of a s86 committee may be considered to be too onerous or a potential risk to individuals. While the Act has always applied conditions and limitations to s86 committees, changes to conflict of interest provisions, particularly those that expand the definition of "family" means that in smaller communities, it may be difficult for a member to participate without increasing their level of risk. In a community with an aging and decreasing population it could be difficult for Council to maintain a membership and a willingness to participate on such a committee.

· There seems to be a view amongst some members of committees that being a s86 committee provides a level of protection to individual members. Depending on the issue, that may not be the case.

· There seems to be inconsistency in approach between committees concerning their reporting, financial and other obligations. This could be attributed to a lack of understanding, caused in part by committees basically being left to their own devices.

Accepting that Council cannot leave the current position as it is there are a number of options for a future approach,

Before considering those options, the following matters should also be considered.

· What uses and activities occur on the land and the value of the facility to be managed. The degree of control and accountability needs to be proportionate to the value of the community asset that is being managed and the powers and functions of the Committee and its accountability requirements need to be matched to that.

· If the Council appoints a special committee under s86 of the Act, there needs to be a clear understanding of what it means to be a member of a special committee appointed under provisions of the Local Government Act to potential members of the committee. Prior to appointing non Councillor members to a special committee, potential members should receive an induction with information about the requirements and consequences of being a member of a special committee. Members of a s86 committee should be supported with additional information in a manual as well as support from key Council staff.

· Council needs to be fully aware of what committees managing Crown land on behalf of Council do, operationally and financially. Council may not be able to adequately report committee activities if it is required to do so by DSE.

· The capacity of community members to manage the facility and the compliance obligations imposed on them. These matters have clearly been the reason for the tiered approach applied by DSE to committees of management financial and other reporting requirements and by Consumer Affairs Victoria under the Associations Incorporation Reform Act.

· The level of support that should be provided by Council in transitioning from the current arrangements to more regulated arrangements and how that support can be provided without any significant intrusion into other Council activities.

· Whether the new requirements applying to incorporated associations will duplicate some financial reporting requirements and if so, how that can be addressed.

Options

Based on the information that has been obtained, albeit limited, information published by DSE about committees of management of Crown land and information from other Councils, the following options are submitted for consideration:

1. Do nothing

This is not an option but is listed to make the point that the current situation cannot be left uncertain and unresolved. It continues questions around Council’s compliance obligations under the Act and as well as its capacity to apply appropriate governance arrangements.

2. Keep working on establishing the status of current committees and create “workarounds” to get to a more certain position.

Advantages:

· Will (eventually) provide a definitive list of committees, types of committees and powers and functions delegated to them.

· Will provide an understanding of Council’s commitments and liabilities in relation maintenance, payment of utilities, insurance and other costs, such as paying water allocations.

Disadvantages:

· Will unreasonably divert further resources to discover documents that may or may not exist.

· The time involved will not provide any additional value as a new approach is probably required anyway.

3. “Wipe the slate clean”

This involves taking a position that Council has no committees in place and appointing “new” committees. This could cause a high level of anxiety for some committees and members that have operated in isolation to proper monitoring and application of requirements by Council.

There are a number of approaches to Council committees under this option. These are:

A. Make all committees s86 committees and apply the requirements of the Act

Advantages:

· Clean consistent approach to Council committees.

· Will eliminate confusion about the types of committees appointed by Council.

· Can appropriately delegate powers and functions, reducing the need for day to day involvement by limited Council resources.

· Requirements can be appropriately documented giving committee members an opportunity to know what “the rules” are.

· One straightforward system will be easier for Council to administer.

· Continues community involvement in community assets they consider important.

Disadvantages:

· Requires resources to adequately scope and determine what assets and facilities should be managed by a special committee.

· Will require resources to establish maintain and monitor an appropriate “governance system” including instruments of delegation, registers etc.

· May be excessive for what needs to be managed in the Shire.

· Could duplicate some reporting requirements where committees are incorporated associations.

· Perceived “increased” requirements may be a deterrent to potential committee members.

· Will increase administrative burden for Council.

· Will require an increased level of support – consideration will need to be given to a “how to” manual, templates for agendas and minutes and reports to Council, especially financial reports.

B. Appoint all committees as advisory committees

Advantages:

· Clean consistent approach to Council committees.

· Will eliminate confusion about the types of committees appointed by Council.

· Eliminates the need for compliance by members with legislative requirements that they may consider onerous for the circumstances.

· One straightforward system will be easier for Council to administer.

· Reduces a compliance risk for Council and committee members.

· Continues community involvement in community assets they consider important.

Disadvantages:

· Cannot delegate powers and functions.

· Could require increased Council involvement and monitoring.

· Will require a certain level of support – consideration will need to be given to a “how to” manual and systems to ensure that appropriate matters such as maintenance etc. are addressed.

C. Combination of committee arrangements depending on the type of facility and its value

Advantages:

In addition to the advantages listed in A & B:

· Achieves an appropriate level of management for the asset

· Applies an appropriate level of “governance” to the circumstances

Disadvantages:

In addition to the disadvantages listed in A & B:

· Could result in continuing confusion unless appropriate resources manage the transition and documentation of the change and an ongoing commitment is made to those tasks.

D. Alternative arrangements – leasing or licensing to incorporated bodies

Advantages:

· Makes the relationship a contractual one where breach of provisions can be addressed in a legal context.

· Puts some “distance” between Council and potential litigation.

· Removes current compliance risk for Council and special committee members.

· Creates a clearer financial relationship with Council.

· May provide scope for the incorporated body to obtain financing or other funding such as donations.

Disadvantages:

· Would only be a reasonable approach in a limited number of circumstances.

· Would still require limited Council resources to monitor.

· Could require additional approvals – under the Local Government Act or Crown Land (Reserves) Act.

· Will reduce Council’s access and use of premises.

E. Combination C & D

Advantages:

· Recognises the different value and level of assets being managed.

· More accurately reflects both the resourcing level and capacity of community members.

Disadvantages:

· Too complex to administer unless a proper system was applied and followed.

· Too complex to develop an appropriate system to ensure all compliance and other matters are being addressed

In addition to determining the best model for Buloke, other matters that need to be addressed include:

· Achieving certainty about land tenure (that is, whether Council or DSE is the owner of the land, defining and mapping the “territory” where there are multi users of land, such as recreation reserves and the ownership of buildings constructed on the land.

· Establishing documented systems and processes to enable future members of Council and Council staff to properly govern and monitor its committee and land management arrangements.

· The capacity to use various models that are available to develop a “manual” for Council committees addressing matters such as increasing the understanding about special committees as an entity of the Council, including reporting and financial obligations, compliance with legislative requirements such as the Freedom of Information Act, Public Records Act and Information Privacy Act. (This has significant implications for the costs of running committees and resourcing.)

· Application of Council’s Code of Conduct which will address matters such as the management of conflict of interests and use of information.

· Committee’s powers and limitations.

· Information on office bearer roles and responsibilities.

· Information about the conduct of meetings, although governed by Council’s Meeting Procedure Local law. Some sample agendas and minutes.

Recommended Actions

Whatever Option Council chooses to pursue will require careful and considered communication and engagement with the members of existing committees and with organisations occupying and/or using Council owned or Council managed Crown Land Reserves.

Having considered all of the information collected as part of this review it is recommended Council proceed as set out in Option3B (Appoint all Committees as Advisory Committees), except where circumstances require Council to maintain a s86 committee structure to comply with existing funding, legal or contractual requirements.

As indicated above, adoption of this approach will require the allocation of resources to assist with the transition from existing committee structures to an advisory committee structure.

The resources required will need to have a focus on communicating the need for the transition and explanation of the implications of the change.

As detailed in the report, the Chief Executive Officer has been progressively meeting with s86 committees to explain the need for change. Responses from committee members as a result of these meetings have in the main been positive, particularly once the implications of the need for compliance with all of the requirements of being a Councillor as set out in the Local Government Act are explained to them.

It is proposed Council write to all of the Committees identified in Table 1 advising that a review of Committee structures has been undertaken and that it is Council’s intent to confirm all Committees, except those where legal or other contractual obligations apply as Advisory Committees to Council.

The correspondence to advise that as part of the reform of its committee structure Council will be developing a Information Manual to assist committees fulfil their role as an Advisory Committee. The Information Manual to include the following:

- ‘Best Practice’ guidelines for the operations of Advisory Committees

o Governance

o Finances

o Critical dates for preparing submissions to Council for consideration of possible Capital Works projects

o Linkages to Community Plans

o Details of contact persons within Council available to assist committees perform their duties

o Council policies relevant to the operations of committees

- Frequently Asked Questions.

The proposed correspondence to the Committees is also to reinforce that this change:

- will not affect the relationship between committees and Council;

- will not affect current financial arrangements between Council and any individual committee, or groups of committees;

- will not affect any current projects whether at an early development stage or fully developed; and,

- will not result in more onerous requirements on committee or individual members of committees.

It is also proposed that the Chief Executive Officer and Manager Assets and Infrastructure work with Council’s Recreation Officer, Manager Community Services and Community Development Officer to ensure they are fully informed as to the actions proposed to be undertaken and that they can provide support and information to committees as the transition process proceeds..

In addition to writing to all Committees listed in the attached Table it is proposed a direct approach be made to the following committees to offer to work with them directly to make the transition from s86 committee status to Advisory Committee status.

Wycheproof Recreation Reserve

Wycheproof Golf Club

Charlton Park Recreation Reserve and Racecourse

Charlton Shire Hall

Donald Soldier's Memorial Hall

Donald Court House

Birchip Recreation Reserves (Birchip Community Leisure Centre)

Birchip Community Housing (George Gould Units)

Birchip Hall and Aerodrome Paddock

Berriwillock Swimming Pool

Of the committees in this list the most difficult to transition will be the Birchip Community Housing committee due to the legal obligations that apply to Council through the Social Housing Agreement entered into with the Victorian and Commonwealth Governments. This transition may take some time and interim arrangements to ensure compliance with the provisions of s86 of the Act may need to be put in place.

3. Financial Implications

There are no direct financial implications from this report.

Implementation of the recommendation will require the allocation of staff and other resources which will have an impact on operational activities but this will be accommodated within existing staff levels and capabilities.

4. Community Consultation

There has been no widespread community consultation as part of this review.

The Chief Executive Officer has met with a number of s86 committees and addressed meetings on the implications of a possible change in the means by which the respective committee is established.

Responses have generally been positive but some committee members have expressed concern with the notion of change and will seek re-assurance from Council that current occupancy and use arrangements will not be threatened or disrupted.

5. Internal Consultation

There has been extensive internal consultation as part of the review that has preceded the preparation of this report.

Areas of the organisation consulted have included:

- Assets and Infrastructure

- CEO’s Department

- Works and Corporate Services

- Community Services

- Finance

6. Legislative / Policy Implications

Legislative and policy implications arising from this report are discussed in the body of the report.

A primary reason for the report has been to improve governance practices, particularly in relation to compliance with the provisions of the Local Government Act 1989.

7. Environmental Sustainability

There are no direct environmental sustainability implications from this report.

Environmental sustainability will be an important consideration for the committees appointed to assist Council and the community with management of facilities into the future and such considerations will be written into the proposed management manual to be prepared as part of the implementation of the recommendations arising from this report.

8. Conflict of Interest Considerations

There are possible conflict of interest considerations arising from this report for Councillors, staff and members of committees.

As author of the report the Chief executive Officer does not believe he has any conflicts of interest. Individual Councillors considering the report may need to determine if they have conflicts based upon their membership and roles within organisations that make use of Council facilities where a committee of management is in place.

9. Conclusion

There has been no substantive review of Council’s committee arrangements since the mid 1990’s. This review provides an opportunity to put a new “system” in place that recognises necessary governance arrangements, what forms of management are required, reduces risk for Council and community members and rationalises Council’s land management arrangements.

Any new approach is going to require further discussion and consultation and will create some concerns amongst some committees and the users of the facilities that are managed by them.

Despite this, the current approach cannot continue.

Buloke Shire Council Ordinary Meeting Wednesday, 14 October 2015

7.2.6 Review of Local Law No 9 - Meetings Procedure and Common Seal

Attachment 1 Draft Local Law No 15

(3) A notice may be handed personally to a Councillor in any location within the time required, or may be delivered to another destination, provided a written authorisation of the relevant Councillor is held by the Chief Executive Officer.

(4) Agendas may be delivered to Councillors by either of the following methods:

(a) By Post

The Notice should be delivered to the local Post Office in sufficient time to enable the notice to reach the Councillor’s postal address at least 48 hours prior to the meeting, according to normal mail delivery.

If for any reason, the reliability of the post service is in question, attempts to contact the relevant Councillors by telephone should be made, if circumstances permit.

(b) By Delivery

Delivery to the Councillor’s place of residence, usual place of business (if applicable) at least 48 hours before the meeting, will be sufficient to constitute delivery whether the Councillor is in attendance or not.

(c) By Email

An email including a successful delivery report indicating the email has been successfully transmitted at least 48 hours before the meeting, will suffice to constitute delivery of the notice.

(5) To enable the processes of government to be efficiently managed, Councillors should keep the Chief Executive Officer informed of their point(s) of contact from time to time.

25. Leave of Absence

It will not be necessary for a notice of meeting or agenda to be served on any Councillor who has been granted leave of absence, unless the Councillor has requested the Chief Executive Officer in writing to continue to give notice of any meeting to be held during the period of his or her absence.

26. Urgent or Emergency Meetings

(1) An Urgent or Emergency meeting can be initiated under the following circumstances:

(a) A natural disaster within or close proximity to the municipality;

(b) The death, serious injury or the like of any Councillor or Senior Officer or other significant person, which would affect the normal operation of the Council or the organisation as a whole; or

(c) Any other reason which may have a major impact on the Council, the organisation or the community and cannot wait until the next scheduled meeting of the Council.

(2) In the case of an emergency, the Mayor, the Chief Executive Officer or, in his or her absence, a Senior Officer, may call or postpone a meeting of the Council, without the necessity to comply with clauses 22 to 25 provided reasonable attempts are made to notify every Councillor.

(3) The Mayor, the Chief Executive Officer or Senior Officer must submit a full written report of the circumstances requiring his or her action to the next Ordinary meeting of the Council.

Division 2 - Open Meetings

27. Meetings Open to the Public

Subject to Clause 29, all Council meetings must be open to members of the public.

28. Meetings Closed to the Public

Council may resolve that a Council meeting be closed to members of the public if the meeting is discussing:

a. Personnel matters;

b. The personal hardship of any resident or ratepayer;

c. Industrial matters;

d. Contractual matters;

e. Proposed developments;

f. Legal advice;

g. Matters affecting the security of Council property;

h. Any other matters which Council or the Special Committee considers would prejudice Council or any person; or

i. A resolution to close the meeting to members of the public.

29. Code of Conduct - Councillors

During the course of any Council meeting, Councillors must comply with the Code of Conduct.

Division 3 - Quorums

30. Ordinary Council Meetings

The quorum required for Ordinary Council meetings shall be four (4) Councillors.

31. Special Council Meetings

The quorum required for Special Council meetings shall be four (4) Councillors.

32. Special Committee Meetings

The quorum for a Special Committee meeting will be determined by the Council for each Committee, but in the absence of the Council's determination, the quorum required will be not less than a majority of members.

33. An Urgent or Emergency Meeting

In the case of an emergency where the Mayor, the Chief Executive Officer, or in his or her absence a Senior Officer, has acted under clause 27, the quorum required will be five (5) Councillors.

34. Inability to Gain a Quorum

(1) If after thirty (30) minutes of the scheduled starting time of any meeting or adjournment a quorum cannot be obtained, those Councillors present, or if there are no Councillors present, the Chief Executive Officer, or in his or her absence, a Senior Officer, may adjourn the meeting for a period not exceeding seven (7) days from the date of the adjournment.

(2) If a Council meeting is adjourned, the Chief Executive Officer must ensure that the agenda for such a meeting is identical to the agenda for the meeting which is deemed to have lapsed.

(3) The Chief Executive Officer must give all Councillors notice of the meeting and every reasonable attempt shall be made to advise the public of the revised meeting date.

35. Inability to Maintain a Quorum

(1) If during any meeting or any adjournment of the meeting, a quorum cannot be achieved and maintained, those Councillors present, or if there are no Councillors present, the Chief Executive Officer, or in his or her absence, a Senior Officer, may adjourn the meeting for a period not exceeding seven (7) days from the date of the adjournment.

(2) If a Council meeting lapses, the unconcluded business must be included in the agenda for the next Ordinary Council meeting.

36. Inability to Achieve or Maintain a Quorum due to Interests of Councillors

If during any meeting or adjournment a quorum cannot be achieved or maintained due to the number of disclosures of conflicts of interests by Councillors, the Chief Executive Officer, or in his or her absence, a Senior Officer may adjourn the meeting for a length of time sufficient to enable an exemption for the affected Councillors to be obtained from the Minister under section 80 of the Act.

37. Notice for Adjourned Meeting

The Chief Executive Officer may provide written notice of an adjournment but where that is not practicable because time does not permit that to occur then provided a reasonable attempt is made to contact each member, notice by telephone, facsimile, in person or by some other means will be sufficient.

Division 4 - Conduct of Business

38. The Order of Business

(1) The order of business of Council meetings will be determined by the Chief Executive Officer to facilitate and maintain open, efficient and effective processes of government.

The Chief Executive Officer should endeavour to be consistent in preparing any agenda from meeting to meeting. However, this should not preclude the Chief Executive Officer from altering the order of business to enhance the fluent and open process of government of the Council or to take advantage of opportunities which may arise from time to time

In determining the agenda, the Chief Executive Officer should consider

(a) The general attitude of the Council;

(b) Convenience to the community and interested community groups;

(d) The interest/s of the community and community groups; and

(e) Any other relevant factor which may impact on the fluent and open processes of the government of the Council.

(2) As a guide, the Chief Executive Officer should list items, giving priority as follows:

(a) Procedural and protocol matters which may include:

· At the Mayor’s discretion, an Acknowledgement of Country

· At the Mayor’s discretion, an opening prayer

· Receipt of apologies

· Confirmation of Minutes

· Requests for leave of absence

· Declarations of Conflict of Interest

· Questions from the public

· Petitions

· Planning permits issued under delegated authority

· Letters of congratulations and recognition of achievements.

· Any other Procedural Matter

(b) General business may include:

· Policy Reports

· Management Reports

· Financial Reports

· Organisational Reports

· Reports from Councillors

· Matters which may exclude the public

· Notices of Motion

· Questions from Councillors

· Urgent business

· Any other business.

39. Change to Order of Business

Once an agenda has been sent to Councillors, the order of business for that meeting may only be altered by resolution of the Council.

40. Chief Executive Officer May Include Items on an Agenda

The Chief Executive Officer may include any matter on an agenda which he or she thinks should be considered by the meeting.

41. Meetings of Special Committees

The agenda for a Special Committee will be relevant to the issues which are to be raised at the meeting and any reference to Councillors extends to non Councillor members of a Special Committee under section 88 of the Act and any reference to the Council is to be read as referring to the Special Committee under section 87 or 88 of the Act.

42. Time Limit for Meetings

(1) A meeting must not extend beyond 10.00 pm unless a majority of Councillors present vote in favour of its extension.

(2) In the absence of such an extension, the meeting must stand adjourned to a time, date and place to be then and there announced by the Chairperson.

(3) The Chief Executive Officer must give notice to each Councillor of the date, time and place to which the meeting stands adjourned and of the business remaining to be considered.

Division 5 – Minutes

43. Keeping of Minutes

(1) The Chief Executive Officer must ensure that:

(a) Minutes are kept of all Council meetings and Special Committee meetings of the Council; and

(b) A written record is kept of and Assembly of Councillors and submitted to Council in accordance with section 80A of the Act

(2) The minutes of any Council meeting must record:

(a) The date, place, time, duration and nature of the meeting;

(b) The names of Councillors present, including the ward they represent;

(d) The names of officers present with their organisational title;

(e) The arrival and departure time of Councillors during the course of the meeting (including any temporary departures or arrivals);

(f) Every motion and amendment moved, including the mover and seconder of any motion or amendment;

(g) The outcome of every motion that is, whether it was put to the vote and the result of either CARRIED, LOST, WITHDRAWN, LAPSED, AMENDED;

(h) Procedural motions should be highlighted;

(i) Where a valid division is called, a table of the names of every Councillor and the way their vote was cast; either FOR or AGAINST;

(j) When requested by a Councillor, a record of their support or opposition for any motion;

(k) Details of failure to achieve or maintain a quorum and any adjournment whether as a result or otherwise;

(l) Details of any question directed or taken upon notice;

(m) Details of any deputations made to the Council;

(n) The time and reason for any adjournment of the meeting or suspension of standing orders;

(o) Details of failure to achieve or maintain a quorum and any adjournment whether as a result or otherwise;

(p) Details of any question directed or taken upon notice;

(q) Details of any deputations made to the Council;

(r) The time and reason for any adjournment of the meeting or suspension of standing orders;

(s) Disclosure by a Councillor of a conflict of interest and the details associated with that disclosure required by section 79 of the Act and any disclosure of conflict of interest by the Chief Executive Officer required by section 80B of the Act; and

(t) Any other matter which the Chief Executive Officer thinks should be recorded to clarify the intention of the meeting or the reading the Minutes;

(u) Closure of the meeting to members of the public and the reasons for such closure; and,

(v) any relevant reports or a summary of relevant reports considered by the Council.

(3) In addition, every page of the Minutes should:

(a) Be consecutively page numbered; and

(b) Contain consecutive item numbers which are clearly headed with a subject, titles and where appropriated sub-title and file references.

(c) Every minute and the item that it relates to must be indexed through a central indexing system established and maintained by the Chief Executive Officer.

44. Confirmation of Minutes

(1) An appropriate motion to confirm the Minutes would be:

“That the minutes of the (Type of Meeting) held on (Date of meeting) be confirmed.”

(2) If there are recommendations contained in the Minutes which require the Council’s approval, then a further motion to adopt the recommendations would be required as follows:

“That the recommendations contained in the Minutes of the (Type of Meeting) held on (Date of Meeting) listed under heading/paragraph be adopted.”

(3) The suggested motions listed in (a) and (b) above may be combined as follows:

“That the minutes of the (Type of Meeting) held on (Date of Meeting) be confirmed and the recommendations listed under heading/paragraph be adopted”

(4) If some slight alteration is required to either the minutes or the recommendations, then the following words could be added:

“subject to the following alteration(s)”

(5) If the Confirmation of the Minutes is to be postponed, an appropriate motion would be:

“That the Confirmation of Minutes be held over until :” or

“That the Confirmation of Minutes be held over and relisted on the next Agenda.”

(6) The Chairperson of the meeting at which the minutes were confirmed is required to verify the minutes by initialing each page of the minutes and by signature on the final page.

(7) No discussion or debate on the confirmation of minutes will be permitted except where their accuracy as a record of the proceedings of the meeting to which they relate is questioned.

45. Objection to Confirmation of Minutes

If a Councillor is dissatisfied with the accuracy of the minutes, then he or she must:

(a) State the item or items with which he or she is dissatisfied; and

(b) Propose a motion clearly outlining the alternative wording to amend the minutes.

46. Deferral of Confirmation of Minutes

The Council may defer the confirmation of minutes until later in the meeting or until the next meeting as appropriate.

47. Recording of Minutes

(1) The Chief Executive Officer (or other person authorised by the Chief Executive Officer) my record with appropriate recording equipment all the proceedings of a Council meeting.

(2) Subject to clause 47(1) a person must not operate any visual or sound recording equipment at any Council meeting without first obtaining the consent of Council or the Chairperson. Such consent may be at any time during the course of such meeting be revoked by Council or the Chairperson.

Penalty: Four (4) Penalty Units

Division 6 - Voting at Meetings

48. How Determined

To determine a question before a meeting, the Chairperson will first call for those in favour of the motion and then those opposed to the motion and will declare the result to the meeting.

49. By Show of Hands

(1) In meetings that are required by the Act to be open voting on any matter will be by show of hands.

(2) A Councillor present at a meeting must vote on every matter on which a decision is required unless they are prohibited by the Act from voting because of conflict of interest.

(3) A Councillor present in the meeting, who after being requested to vote by the Chairperson refuses to do so, is guilty of an offence against this Local Law.

Penalty: Four (4) Penalty Units

(4) A Councillor who is not in a meeting when the vote is taken on a matter, or who chooses to leave the meeting room before a vote is taken, will be recorded in the minutes of the meeting as not being present at the meeting when the vote was taken.

50. When a Division Permitted

(1) A division may be requested by any Councillor on any matter.

(2) The request must be made to the Chairperson either immediately prior to or immediately after the vote has been taken but cannot be requested after the next item of business has commenced.

51. Procedure for a Division

(1) Once a division has been requested the Chairperson will call for a show of hands by those Councillors voting for the motion and then those Councillors opposed to the motion.

(2) The Chairperson shall name those Councillors voting for the motion and those Councillors voting against the motion and the names shall be recorded in the Minutes of the meeting.

52. Between the Original Vote and the Division

No Councillor is prevented from changing his or her original vote at the voting on the division, and the voting by division will determine the Council’s resolution on the issue.

53. No Discussion Once Declared

Once a vote on a motion has been taken, no further discussion relating to the motion will be allowed unless the discussion is-

a. For a Councillor to request that his or her opposition to the motion be recorded in the minutes; or

b. Where a subsequent notice of motion follows a rescission motion.

54. Application to All Meetings

The provisions of clauses 48 to 53 apply to meetings of Special Committees of Council to the extent that they are relevant to the proceedings of any Special Committee and any reference to Councillor in those clauses extends to any member of a Special Committee.

Division 7 - Addressing the Meeting

55. Addressing the Meeting

(1) Any Councillor or person who addresses the meeting may remain seated and shall direct all remarks through the Chair.

(2) A Chairperson may address a meeting, however if the Chairperson wished to debate a particular motion or move any motion or amendment, on any matter under discussion, the Chairperson must advise Council of that intention and vacate the Chair on such occasions for the duration of any item under discussion.

(3) If the Chairperson vacates the Chair pursuant to sub-clause (2), a temporary Chairperson shall be elected by the meeting and shall take the Chair until the item has been voted upon.

(4) Any person addressing the Chair should refer to the Chairperson as:

· Madam Mayor; or

· Mr Mayor; or

· Madam Chairperson; or

· Mr Chairperson; as the case may be.

(5) All Councillors, other than the Mayor, should be addressed as Cr. .........(surname).

(6) All Officers, should be addressed as Mrs., Ms., Miss or Mr. ...........(surname).

Buloke Shire Council Ordinary Meeting Wednesday, 14 October 2015

7.2.6 Review of Local Law No 9 - Meetings Procedure and Common Seal

Attachment 1 Draft Local Law No 15

78. Extension of Speaking Time by Resolution of the Council

An extension of speaking time may be granted by resolution of the Council but only one extension is permitted for each speaker on any question.

79. When an Extension can be Proposed

A motion for extension of speaking time must be proposed:

a. Immediately before the speaker commences debate;

b. During the speaker’s debate; or

c. Immediately after the speaker has concluded debate.

80. No Extension After Next Speaker Commenced

A motion for an extension of speaking time cannot be accepted by the Chair if another speaker has commenced his or her debate.

81. Length of Extension

Any extension of speaking time must not exceed three (3) minutes.

Division 4 - Points of Order and Other Procedural Matters

82. Points of Order

A point of order is an objection that the motion, amendment or statement made is:

a. Contrary to this Local Law or the provisions of the Local Government Act 1989;

b. Defamatory or disloyal;

c. Irrelevant;

d. Improper;

e. Obscene;

f. Outside Council’s legal powers.

83. Procedure for a Point of Order

A Councillor may make a point of order by stating, “Point of Order”, at which time the Chairperson must suspend the debate and request the Councillor to state the point of order. A Councillor raising a point of order must:

a. State the point of order; and

b. The reason for bringing it to the attention of the Chair.

84. Consideration of Point of Order

a. If called to order, a Councillor must remain silent until the point of order is decided unless he or she is requested by the Chairperson to provide an explanation.

b. The Chairperson may adjourn the meeting to consider a point of order otherwise he or she must rule on it as soon as it is raised.

c. The Chairperson will decide all points of order by stating the provision, rule, practice or precedent which he or she considers applicable to the point raised without entering into any discussion or comment.

d. All matters before the Council are to be suspended until the point of order is decided.

e. Expressing a difference of opinion or to contradict a speaker shall not be treated as taking a point of order.

f. The Chairperson’s ruling on a point of order shall be final.

85. Disagreeing with the Chairperson’s Ruling on a Point of Order

(1) The decision of the Chairperson in respect to a point of order raised will not be open for discussion and will be final and conclusive unless the majority of Councillors present move a motion of dissent.

(2) A motion of dissent on a point of order must contain a provision, rule, practice or precedent in substitution for the Chairperson’s ruling.

(3) A motion of dissent in relation to a point of order is not a motion of dissent in the Chair and the Chairperson must at all times remain in the Chair and he or she will maintain his or her right to a second vote.

(4) A motion of dissent on a point of order will take precedence over all other business and if carried will be acted on instead of the ruling given by the Chairperson.

86. Adjournment and Resumption of Meeting

(1) The Chairperson or the Council may adjourn any meeting until a time and place to be determined at the time of the adjournment.

(2) For the purpose of stating the time to which the meeting is adjourned, that time may be indicated as at the adjournment or conclusion of another meeting or event.

87. Procedural Motions

(1) Unless otherwise prohibited, a procedural motion may be moved at any time and must be dealt with immediately by the Chairperson.

(2) Procedural motions are not required to be seconded.

(3) The mover of a procedural motion must not have moved, seconded or spoken to the question before the Chair or any amendment of it.

(4) A procedural motion cannot be moved by the Chairperson.

(5) Unless otherwise provided, debate on a procedural motion is not permitted and the mover does not have a right of reply.

(6) Unless otherwise provided, a procedural motion cannot be amended.

88. The Closure

(1) A motion “That the motion be now put.”

(a) Is a procedural motion which if carried to an original motion, requires that the original motion must be put to the vote immediately, without any further debate, discussion or amendment; and

(b) If carried in respect to an amendment, requires that the amendment be put to the vote immediately without any further debate or discussion and allows debate on the original motion to continue; and

(2) The Chairperson has the discretion to reject such a motion for closure if the motion upon which it is proposed has not been sufficiently debated.

89. Adjourning the Debate

A motion “That the motion and amendments now before the meeting be adjourned until…..”

a. Is a procedural motion which cannot be moved while any person is speaking or during the election of a Chairperson; and

b. May be debated but may only be amended in relation to the time, date and place of the proposed adjournment.

90. Laying the Question on the Table

A motion "That the (question, letter, document, report etc.) lay on the table"

a. Is a procedural motion which may be debated and, if carried, has the effect of adjourning any further debate on the matter currently before the Council until such time (if any) as the Council resolves to take the question from the table; and

b. If carried in respect to an amendment, has the effect that both the original motion and the amendment will be adjourned; and

c. Prevents debate on the matter currently before the council proceeding until a motion to take the question from the table is passed.

91. Proceeding to the Next Business

A motion "That the meeting proceed to the next business"

a. Is a procedural motion which cannot be moved during the election of Chairperson; and

b. If carried in respect to an original motion, requires the Chairperson to direct the meeting to the next item of business; and

c. If carried in respect to a formal motion, disposes of the formal motion immediately and permits debate upon the original motion to proceed; and

d. If carried in respect to an amendment, disposes of the amendment immediately and permits debate upon the original motion to proceed but no similar amendment may be moved at that meeting or any adjournment of it.

92. The Previous Question

(1) A motion "That the question be not now put.”

(a) Is a procedural motion which cannot be moved while there is an amendment before the Chair or during the election of a Chairperson; and

(b) If carried, prevents the original motion to which it relates being dealt with at that meeting or any adjournment of it; and

(c) If lost, requires that the original or substantive motion to which it relates be put to the vote immediately without any further debate or amendment.

(2) The Chairperson has the discretion to reject a motion for the previous question if the matter is contentious by nature or has not been adequately debated.

(3) Adequate debate arises when every Councillor who wishes to put a view has had an opportunity to do so.

93. Urgent or Other Business

(1) Business which has not been listed on the Agenda may only be raised as urgent or other business by resolution of the Council.

(2) Notwithstanding anything to the contrary in this Local Law, a Councillor (with the agreement of the meeting) may at a Council meeting submit or propose an item of business if the matter relates to business which does not:

(a) Substantially affect levels of Council service; or

(b) Commit Council to significant expenditure not included in the adopted budget; or

(d) Commit Council to any contractual arrangement; or

(e) Require, pursuant to other policy determined by Council from time to time, the giving of prior notice; and

(f) The proposed motion/s are in writing and given to the Chairperson who then seeks a resolution of approval from Council to consider the item/s submitted.

(3) Business must not be admitted as urgent business unless it:

(a) Relates to or arises out of a matter which has arisen since distribution of the agenda; and

(b) Cannot safely or conveniently be deferred until the next Council meeting.

94. Petitions and Joint Letters

(1) All petitions or joint letters must be tabled at the next Ordinary Meeting following receipt, unless the matter which is the subject of the petition or joint letter has already been acted upon.

(2) When presented Council must resolve to receive the petition or joint letter and to refer the matter for a report or appropriate action as required to the next appropriate meeting of the Council, unless the Council agrees to deal with it earlier.

(3) A petition or joint letter must:

(a) Be in legible and permanent writing; and

(b) Not be defamatory, indecent, abusive or objectionable in language or content; and

(4) Every page of a petition or joint letter must bear the whole of the petition or request.

(5) Any signature appearing upon a page, which does not bear the whole of the petition or request, may not be considered by Council.

(6) Every page of a petition or joint letter, must be a single piece of paper and must not be pasted, stapled, pinned or otherwise affixed to any other piece of paper.

(7) On receipt of a petition or joint letter, the Chief Executive Officer must note on the first page the total number of signatures.

(8) A copy of the text of the petition or joint letter bearing the note of the Chief Executive Officer in accordance with paragraph (7) must be included on the agenda for the next Council meeting.

(9) A petition or joint letter may nominate a person to whom a reply may be sent, but if no person is nominated Council may reply to the first or any person whose signature appears on the petition.

95. Signing Petitions

Any person who fraudulently signs a petition or joint letter which is presented to the Council is guilty of an offence.

Penalty: Four (4) Penalty Units

96. Councillor Presenting Petition - Obligation

Any Councillor presenting a petition or joint letter will be responsible for ensuring that:

a. He or she is familiar with the contents and purpose of the petition or joint letter; and

b. The petition or joint letter is not derogatory or defamatory.

Division 5 - Notice of Motion

97. Must be Listed on Agenda

Councillors may give advance warning of their intention to move a particular motion at a forthcoming meeting by giving “Notice of Motion”.

A Notice of Motion cannot be accepted by the Chairperson unless it has been listed on the agenda for the meeting at which it is proposed to be moved.

98. Procedure

A Councillor wishing to have a Notice of Motion placed on the Agenda must give written notice to the Chief Executive Officer no less than two (2) clear working days prior to the meeting at which the Notice of Motion is to be considered.

99. Rejection of a Vague Notice

(1) The Chief Executive Officer may reject any notice of motion that is too vague, but before rejecting it must give the Councillor delivering the notice an opportunity to amend it.

(2) The Chief Executive Officer would regard a Notice of Motion as vague if the general thrust of the motion is unclear. For example, a mere heading or a motion to the effect “that the matter be discussed”, or similar wording, would be insufficient. Therefore, a notice should spell out the action proposed by the motion.

(3) The Chief executive Officer must notify the relevant Councillor of any Notice of Motion which has been rejected and the reasons for its rejection.

100. Listing Notice on Agenda

Unless the notice specifies a particular meeting date, the Chief Executive Officer must list the Notice of Motion and if more than one, in the order they were received, on the next appropriate meeting agenda.

101. Register of Notices

The Chief Executive Officer must sequentially number every Notice of Motion received and maintain them in a register.

102. May be Moved by any Councillor and Amended

A Notice of Motion listed on a meeting agenda, may be moved by any Councillor present and, except where the Notice of Motion is to confirm a previous resolution of the Council, may be amended.

103. Except for Confirmation of Previous Resolution

If a Notice of Motion to confirm a previous resolution of the Council cannot be carried in its original form, it is lost.

104. If Lost

If a Notice of Motion is lost, a similar motion cannot again be put before the Council for at least three (3) months from the date it was last lost, unless the Council resolves for the Notice to be relisted at a future meeting.

Division 6 - Notice of Amendment or Rescission

105. Procedure

A Councillor may propose a motion to amend or rescind a decision of the Council provided :

a. The previous motion has not been acted upon; and

b. A notice signed by two (2) Councillors is delivered to the Chief Executive Officer outlining;

i. The decision proposed to be amended or rescinded; and

ii. The meeting and date when the decision was made.

c. That in instances where a Notice of Motion has been lodged and accepted, any motion that proposes to rescind or amend shall not be acted upon until such time as Council considers the Notice of Motion.

106. Listing Notice on Agenda

Unless the notice specifies a particular meeting date, the Chief Executive Officer must list the notice of amendment or rescission, and if more than one, in the order they were received, on the next appropriate meeting agenda, together with a brief report outlining the criteria required for the motion to be amended or rescinded.

107. Criteria to Amend or Rescind a Motion

For a decision of the Council to be amended or rescinded, the motion for amendment or rescission must be carried by a majority of the votes cast.

108. If Lost

Unless the council resolves to re-list at a future meeting a notice to amend or rescind which has been lost, a similar motion must not be put before the Council for at least three (3) months from the date it was lost.

109. If Not Moved

If a notice of amendment or rescission is not moved at the meeting for which it is listed, it will lapse.

110. May be Moved by any Councillor

A notice of amendment or rescission listed on a meeting agenda may be moved by any Councillor present but cannot be amended.

111. When Not Required

(1) A notice of amendment or rescission is not required where the Council wishes to change a previous decision relating to policy of the Council.

(2) If the Council wishes to change a policy, a formal Motion of Amendment/Rescission will not be required.

(3) However, the following standards should apply:

(a) If the policy has been in force in its original or amended form for less than twelve (12) months, a formal notice of amendment/rescission should be presented to the Council;

(b) Any intention to change a Council policy which may result in a significant impact, should be communicated to those affected and this may require publication and consultations, either formally or informally;

(c) The Council may determine the extent to which these standards should be followed which will depend upon the circumstances of each case.

112. Register of Notices

The Chief Executive Officer must cause every notice of amendment or rescission received to be sequentially numbered and to be maintained in a register.

Division 7 - Public Participation

113. During Meetings

(1) At every Ordinary meeting of the Council, time may be allocated to enable any member of the community to address the Council.

(2) Sub-clause (1) does not apply during any period when the Council has resolved to close the meeting in respect of a matter under section 89(2) of the Act.

(3) The Council may allocate reasonable time to each person who wishes to address the Council having regard to-

(a) The nature of the matter to be discussed;

(b) Priorities in relation to other Council business;

(d) Whether such an opportunity has already been provided to the person.

114. Meetings

Any member of the public or community addressing the Council must extend due courtesy and respect to the Council and the processes under which it operates and must take direction from the Chairperson whenever called upon to do so.

115. Question Time - Public

(1) There must be a question time at every Ordinary meeting to enable members of the public present in the gallery to address questions to Councillors.

(2) Question time may be limited in duration and answers to individual questions may be limited at the discretion of the Chairperson.

(3) No motions can be moved during Question Time.

(4) A Councillor may foreshadow a motion as part of their response to a question during Question Time but cannot move the motion.

(5) Any question must be submitted in writing to the Chief Executive Officer (or other person authorised for this purpose by the Chief Executive Officer) prior to Question Time on the evening of the Ordinary meeting using the appropriate form (Appendix B) which will be made available prior to the commencement of the meeting..

(6) The question should only be read to the meeting if the Chairperson has determined that the question:

(a) Does not relate to a matter of the type described in Section 89(2) of the Act;

(b) Does not relate to a matter in respect of which the Council has no power;

(d) Is not repetitive of a question already answered (whether at the same meeting or an earlier meeting; and

(e) Is not asked to embarrass a Councillor or member of Council staff.

(7) If the Chairperson has determined that the question shall not be read to the meeting:

(a) He or she must advise the meeting accordingly; and

(b) The question shall be available to Councillors upon request.

(8) The Chief Executive Officer must read to the meeting the name of the person who has submitted a question.

(9) The Chief Executive Officer must read the text of the question and the Chairperson may then direct that question be answered by a nominated Councillor or member of Council staff.

(10) Questions and answers must be as brief as possible, and must not exceed two (2) minutes in duration.

(11) No debate on or discussion of a question or an answer must be permitted other than for the purposes of clarification.

(12) A Councillor or member of staff nominated to answer a question may:

(a) Seek clarification of the question from the person who submitted it;

(b) Seek assistance of another person in answering the question; and

(c) Defer answering the question, so that the answer may be researched and a written response be provided within ten (10) working days following the meeting (the question thereby being taken on notice).

116. Question Time - Councillors

(1) There must be a question time at every Ordinary meeting to enable Councillors to address questions to members of Council staff.

(2) Questions may be asked with or without notice.

(3) No motions can be moved during Question Time.

(4) A Councillor may foreshadow a motion as part of their response to a question during Question Time but cannot move the motion..

(5) A Councillor may contribute to an answer to a question made by a member of Council staff.

(6) A member of Council staff is not obliged to answer a question without notice.

(7) A member of Council staff who elects to answer a question without notice by indicating that he or she requires time to research his or her answer must ensure that a response is provided to the Councillors within ten (10) working days following the meeting.

(8) Council may:

(a) Of its own volition; or

(b) Upon the advice of the Chief Executive Officer;

Resolve to close the meeting to members of the public in order that an answer to a question asked by a Councillor may be given.

(9) An answer must only be given to the meeting if the Chairperson has determined that the relevant question:

(a) Does not relate to a matter ultra vires to Council;

(b) Is not defamatory, indecent, abusive or objectionable in language or substance;

(d) Is not asked to embarrass a member of Council staff or a Councillor; and

(e) Does not raise an issue which might be more appropriately dealt with by way of Notice of Motion.

(10) Debate or discussion of questions or answers is not permitted and all questions and answers must be as brief as possible.

117. Reports from Councillors

(1) At each Ordinary meeting, Councillors, including the Mayor, will have the opportunity to speak on any meetings, delegations, conferences or events which they have recently attended.

(2) The duration of any report from a Councillor will be limited to three (3) minutes.

(3) If a Councillor requests that details of their activities be recorded in the minutes, they will provide details in writing to the Chief Executive Officer (or the staff member nominated to receive such information) by 12.00pm on the day following the meeting.

118. Chairperson May Remove

(1) Any person who has been called to order including any Councillor who fails to comply with the Chairperson's direction will be guilty of an offence.

Penalty: Four (4) Penalty Units

(2) The Chairperson has the discretion to cause the removal of any person including a Councillor who disrupts any meeting or fails to comply with a direction.

(3) Any authorised officer or member of the Victoria Police Force may remove from the Chamber any person who acts in breach of the Local Law.

Division 8 - Additional Duties of Chairperson

119. The Chairperson’s Duties and Discretions

In addition to other duties and discretions provided in this Local Law, the Chairperson-

a. Must not accept any motion, question or statement which appears to the Chairperson to be derogatory, defamatory or embarrassing to any Councillor, member of staff, ratepayer or member of the public;

b. Must call to order any person who is disruptive or unruly during any meeting.

Buloke Shire Council Ordinary Meeting Wednesday, 14 October 2015

7.2.6 Review of Local Law No 9 - Meetings Procedure and Common Seal

Attachment 1 Draft Local Law No 15

APPENDIX A – MEETING PROCEDURES FOR SECTION 86 SPECIAL COMMITTEES

1. Notices and Agendas

(a) The date, time and place of all committee meetings are determined on an annual basis by the committee and at least seven (7) days’ notice must be provided to the public.

(b) The committee may change the date, time and place of any committee meeting which has been fixed and must provide at least seven (7) days’ notice of the changes to the members.

2. Quorums

(a) The quorum required for committee meetings will be not less than half the total number of elected Committee members.

(b) If after thirty (30) minutes of the scheduled starting time of any meeting or adjournment a quorum cannot be obtained, those committee members present may adjourn the meeting for a period not exceeding seven (7) days from the date of the adjournment.

3. Minutes

(a) The Secretary is responsible for the keeping of minutes on behalf of the committee.

(b) No discussion or debate on the confirmation of minutes will be permitted except where their accuracy as a record of the proceedings of the meeting to which they relate is questioned.

I. State the item or items with which they are dissatisfied; and

II. Propose a motion clearly outlining the alternative wording to amend the minutes

4. Business of the Meeting

(a) The order of business will be determined by the Secretary to facilitate and maintain open, efficient and effective processes of governance and must include the opportunity for members to declare any conflict of interest on items on the agenda.

(b) Once an agenda has been sent to committee members the order of business for that meeting may only be altered by resolution of the committee.

5. Voting

(a) To determine a matter before a meeting, the Chair will first call for those in favour of the motion and then those opposed to the motion, and will declare the result of the motion.

(b) Unless the committee resolves otherwise, voting on any matter will be by a show of hands.

6. Addressing the Meeting

(a) Except for the Chair, any committee member or person who addresses the meeting must address all remarks through the Chair.

(b) A committee member who is speaking must not be interrupted unless called to order when he or she must sit down and remain silent until the committee member raising the points of order has been heard and the Chairperson has ruled on the point of order.

7. Motions

(a) Any motion or amendment which –

· Is defamatory; or

· Is objectionable in language or nature; or

· Is outside the powers of the committee; or

· Stated to be an amendment but is not’

Must not be accepted by the Chairperson

(b) The procedure for any motion is –

· The mover must state the motion without speaking to it;

· It must be seconded by a committee member other than the mover;

· If a motion is not seconded, the motion will lapse for want of a seconder;

· If the motion is seconded the Chair must ask if the mover wishes to address the committee on the motion and if the seconder wishes to address the committee on the motion or if they wish to reserve his or her address until later in the debate.

· The Chair will then ask if any committee member is opposed to the motion and if they wish to speak. Other committee members for and against the motion can then debate in turn

(c) The mover of a motion shall have a right of reply after the debate, after which the motion shall be immediately put to the vote. No right of reply is available where an amendment is before the committee.

(d) An amendment may be proposed or seconded by a committee member, except the mover or seconder to the original motion. An amendment shall not be a direct negative of the motion.

(e) A committee member may address the meeting once on any amendment, whether or not they have spoken to the original motion but debate must be confined to the terms of the amendment.

(f) Any number of amendments may be proposed to a motion but only one amendment may be accepted by the Chair at any one time. No second or subsequent amendment, whether to the original motion or an amendment of it, can be taken into consideration until the previous amendment has been dealt with.

(g) If the amendment motion is carried, it then becomes the final motion before the Chair.

(h) At any time during debate a committee member may foreshadow a motion to inform the committee of his or her intention to move a motion at a later stage in the meeting.

(i) Before any motion is put to the vote it may be withdrawn with leave of the mover and seconder.

(j) The Chairperson may require any complicated or lengthy motion to be submitted in writing.

(k) Debate must always be relevant to the question before the Chair and, if not, the Chairperson will request the speaker to confine debate to the subject motion.

(l) If after being requested to confine debate to the motion before the Chair, the speaker continues to debate irrelevant matters the Chairperson may require the speaker to be seated and not speak further in respect of the matter then before the Chair.

(m) Unless a motion for an extension of time has been carried, the maximum speaking times will be:

· The mover of a motion – 5 minutes;

· The mover of a motion when exercising their right of reply – 2 minutes

· Any other committee member – 3 minutes

8. Other Matters

If the committee are required to deal with:

(a) Divisions

(b) Formal Motions

(d) Points of Order

(e) Adjournment of Meeting

(f) Suspension of Standing Orders

(g) Notice of Motion

(h) Notice of Rescission Motion

(i) Maintenance of Order

(j) Suspension

(k) Removal from the meeting

These matters should be dealt with in accordance with Local Law 15.

APPENDIX B – QUESTIONS FROM THE GALLERY

COUNCIL MEETING

QUESTION TIME

1. The council sets aside times at its Ordinary Council meetings to consider written questions submitted by the public. Members of the public who are present at the meeting are permitted to prepare in writing up to two (2) questions on any Council matter.

2. Members of the public may submit questions from the gallery on the form printed on the reverse side of this sheet. In most cases, an answer will be given on the spot.

3. Sometimes it may be indicated that further time is required to research an answer. In such cases, the relevant officer will advise the person when an answer will be provided.

4. Questions will not be read out and answered if the Chairperson has determined that the relevant question related to:

· Personnel matters

· The personal hardship of any resident or ratepayer

· Industrial matters

· Contractual matters

· Proposed developments

· Legal advice

· Matters affecting the security of Council property

· Any other matter which Council considers would prejudice it or any person

· Matters which may disadvantage Council or any person

Or is:

· Defamatory, indecent, abusive or objectionable in language or substance

· Repetitive of a question already answered (whether at the same or an earlier meeting)

· Asked to embarrass an Officer or Councillor.

5. No debate or discussion of questions or answers shall be permitted and all questions and answers shall be as brief as possible.

bulokecolour logo

COUNCIL MEETING

QUESTION TIME

QUESTION FORM

PLEASE COMPLETE THIS FORM. IT WILL BE COLLECTED FROM YOU BY A COUNCIL OFFICER AFTER THE MEETING HAS COMMENCED.

Meeting Date:
Name:	Phone:
Address:

Question:










Signed:	Date:
Office use only
Question answered at Council meeting: (tick)	o Yes o No
By whom:
Written response prepared by:
Summary of verbal response:
Officer’s signature:	Position:

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 14 October 2015

7.2.11 Council Progress on Victorian Local Government Women's Charter

Author’s Title: Acting Manager Risk and Human Resources

Department: Risk and Human Resources File No: GR/09/03

Attachments:

1 Victorian Local Government Women's Charter

Relevance to Council Plan 2015 - 2019

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

Motion:

That Council:

1. Reaffirms its commitment to the Victorian Local Government Women’s Charter and reviews actions arising from the Charter.

2. Endorses, under the three principles of the Victorian Local Government Women’s Charter, the following actions:

a. Gender Equity:

i. Preparatory sessions for aspiring women elected members in advance of the 2016 elections;

ii. Publication and distribution of existing material for women candidates;

iii. Development of an Equal Opportunity program for staff;

iv. Shaping a positive workplace culture through gender equitable policies and practices, training and awareness, to build Council’s workforce knowledge and capacity.

v. Working across Council to identify opportunities for participating in regionally-focussed advocacy, public education and community development opportunities, across a range of settings and services within the community.

vi. Councillor, community and staff awareness campaign and celebration of International Women’s Day in March and International Rural Women’s Day in October on an annual basis.

b. Diversity:

i. Ensuring training for senior management in dealing with potential candidates to improve information and support provided for aspiring members;

ii. Ensuring meeting times for Council meetings and other meetings involving elected members are flexible;

iii. Linking and matching elected members with more experienced elected members in a similar sized Council.

c. Active Citizenship:

i. Establishing and resourcing a mentoring program for newly elected women Councillors, senior women executives and women officers;

ii. Offering gender-specific training;

iii. Continued review of Council policies and entitlements to ensure they are family and carer friendly, and;

iv. Avoiding clashes with peak times for family commitments in scheduling Council and committee meetings.

3. Undertakes the following specific additional action for Prevention of Violence Against Women:

i. Developing a leadership statement in relation to the Prevention of Violence Against Women.

ii. Using the leadership statement to develop ongoing key priority actions for implementation to assist in the prevention of family violence at a local level in the community, working in partnership with key local service providers.

iii. Advocating for equitable and proportionate funding increases to regional specialist family violence services and men’s behaviour change programs to reduce differential access to specialist family violence support experienced by rural/regional communities.

iv. Acknowledging the value and contributions of our diverse communities and acknowledging and proactively addressing experiences of inequality, inequity and violence by promoting positive messages and providing opportunities for communities to share their experiences.

v. Participating in events and encouraging broad community participation in occasions that reinforce a focus on inclusion, access and equity.

vi. Reviewing Council’s Policies and Procedures and developing new Policies and Procedures, as required, to ensure the safety of Council’s staff, contractors, Councillors and the community specific to family violence issues.

vii. Driving and coordinating initiatives within Council, through organisational change, influencing workplace cultures and the implementation of access and equity-related activities to respond to family violence.

4. Forwards a copy of this Council report to the Women’s Participation in Local Government Coalition.

Moved: Cr Ellen White

Seconded: Cr Gail Sharp

Carried.

1. Executive Summary

Council has an important role in engaging with organisations and communities to promote, celebrate and recognise the valuable contribution women make to local government and the community and to work to improve the participation by women in local government, management and senior decision making positions. Actions taken in this regard will further encourage women’s participation in local government as elected Councillors and citizens, and support Council’s work on continued implementation of policies and practices which support diversity, consistent with the Victorian Local Government Women’s Charter.

Council acknowledges that discrimination and family violence, including violence against women, is experienced by people in our municipality and recognises that Council is a level of government closely attuned to the aspirations and activities of the community and can play a key role in advocacy, public education, community development and organisational change.

2. Discussion

Council, at its July 14 2010 Council meeting, endorsed the Victorian Local Government Women’s Charter (the Charter). The Charter is designed to recognise the need for increased women’s participation in the key decision making forums in the community and in democratic governance and supports the following principles:

Gender Equity: That women and men have an equal right to be representatives in local governments, committees and decision-making positions.

Diversity: the inclusion of different experiences and perspectives in local governments and community decision-making strengthens local democratic governance and helps build cohesive communities. Councils and communities encourage and welcome the participation of all women.

Active Citizenship: Local governments will work with the community to increase the numbers and participation of women in public life, so that decision-making more clearly represents and reflects the interests and demographics of communities.

Since inception, the Charter has attracted widespread support across the local government and community sector. As at October 2012, 64 Councils had endorsed the Charter. While many Councils are still at varying stages in developing and implementing initiatives relating to the three key principles, the Women’s Participation in Local Government Coalition has noted that the view of the sector was enthusiastic about the value of the Charter and also working with women from local communities and within their organisations to maintain momentum on Charter action plans.

Progress made to date on action plans under the umbrella of the Charter principles is acknowledged. However, it is important that consideration is given to further opportunities for Council to promote participation of women in Local Government and fully capitalise on their strengths and resources.

(a) Gender Equity:

Council has previously taken direct action to develop policies and actions under this principle and continues to demonstrate leadership around issues affecting women and their participation in Local Government in this area.

Council has established the promotion of a flexible working environment for working parents under its Enterprise Agreement and actively encourages and enables family friendly working practices for its staff.

The organisational endorsement of key equity policies, such as the Equal Opportunity policy, ensures that access to and participation in work-related activities of Council, such as training and professional development, career advancement opportunities and flexible working arrangements are encouraged.

There are a number of other additional strategies that Council may consider in further reinforcing the importance of gender equity at a democratic leadership and organisational level.

Successful approaches implemented by other Local Government authorities within Victoria have identified the importance of time-specific issues and actions which are achievable, strategic and support Council’s strategic plan and the principles of the Charter. Activities Council should consider implementing in this area include:

· Running preparatory sessions for aspiring women elected members in advance of the 2016 elections;

· Publication and distribution of existing material for women candidates;

· Development of an Equal Opportunity program for staff.

(b) Diversity

As mentioned earlier in this report, the Women’s Charter was endorsed by Council in 2010. It encourages greater participation of women in local government as councillors and senior managers, in recognition of under-representation of women in these roles.

The principles of the 2015-19 Council Plan are based on those of inclusion and communication and encourage participation of and recognise the equal rights of all citizens and community members to participate in public life.

Within the Buloke Shire, two out of the seven Councillors are female and Buloke Shire Council has previously had a female Mayor. Council also has three female managers on the seven-member Senior Management Team. In the 2013-14 Annual Report, the breakdown of Council employees included 80 full time and 2 part time male employees and 25 full time and 17 part time female employees.

Previous research undertaken by the Victorian Local Governance Association has found that there are many complex reasons for lower participation of women candidates in Local Government. These reasons include:

· The impact of weather conditions, such as prolonged periods of drought, on the rural community and the fact that women were are being called upon to provide even greater family and community support.

· Inadequate remuneration and support for Councillors.

· Difficulties in balancing family, paid and Councillor work.

· ‘Patchy’ funding of women’s participation programs.

There are opportunities for Council to continue working with external women’s organisations to implement initiatives and programs to address some of these concerns, such as the Australian Local Government Women’s Association and Women’s Health Loddon Mallee.

Council’s achievements and opportunities for further action in the field of preventing violence against women are outlined earlier in this report.

Additional actions that Council should consider implementing in this area include:

· Ensure training for senior management in dealing with potential candidates to improve information and support provided for aspiring members;

· Ensure meeting time for Council meetings and other meetings involving elected members are flexible;

· Linking and matching elected members with more experienced elected members in a similar sized Council.

(c) Active Citizenship

Council already considers the Victorian Charter of Human Rights and Responsibilities Act 2006 (the Charter) in considering human rights when making decisions, developing policies and local laws and delivering services. The Charter contains 20 protected rights that promote the values of freedom, respect, equality and dignity.

There are a number of additional considerations that can be explored, to demonstrate Council’s commitment to active citizenship under the Women’s Charter. These include:

· Establishing and resourcing a mentoring program for newly elected women Councillors, senior women Executives and women Officers;

· Offering gender-specific training;

· Continued review of Council policies and entitlements to ensure they are family and carer friendly;

· Avoiding clashes with peak times for family commitments in scheduling Council and committee meetings.

Family and Domestic Violence

In preparing this report, it is noted that the subject of family and domestic violence has gained momentum and is now considered to be an issue of national concern. This is a matter directly relevant to the objectives of the Charter and further highlights the importance of Council’s role in developing and maintaining social networks and addressing social inequity as important to the future of women’s participation, health and wellbeing.

Research shows a key determinant of violence against women is the persisting inequities between men and women in addition to unequal power relations, adherence to rigid stereotypes and broader cultures of violence. Violence against women and their children is a significant key social and health problem that impacts the health and wellbeing of everyone in the community. The psychological, physical, economic and social impacts for those who have experienced the violence are particularly prominent.

Support for a role for Councils in responding to family violence is found at the Federal and State levels. The 2009 ‘National Plan to Reduce Violence Against Women’ stated that local government has a “key leadership role” in responding to family violence. The Municipal Association of Victoria (MAV) recently made a Submission to the Royal Commission into Family Violence 2015, with findings and consequent funding commitments expected on 29 February 2016.

A recent report by the Centre for Rural and Regional Law and Justice, ‘Landscapes of violence: women surviving family violence in regional and rural Victoria’ (10 November 2014), examined barriers facing family violence survivors in regional and rural Victoria, identifying geographic isolation, social isolation, visibility, limited public transport networks, gun ownership and homemade weapons, limited alternative and crisis accommodation, challenges with maintaining anonymity and privacy access to support services and legal services and complicated financial arrangements and pressures as exacerbating factors.

One of the recommendations of that report was that the Department of Human Services develops a program of regionally focused public awareness and educative campaigns around family violence, targeted at various regional and rural community sectors, to include a suite of preventative campaigns in conjunction with local government, regional police leadership and other key sector stakeholders.

In engaging organisations and communities to promote gender equality and stop violence, there is an opportunity for Council to support funding opportunities within its own grants program, to assist committees to raise awareness about the impact of violence against women, and local services and support available.

Council has had a number of recent accomplishments in the field of preventing violence against women.

1. Council is participating in the rollout of the ‘Patchwork’ tool, which is a prevention and early intervention tool, through Council’s Maternal Child Health (MCH) services. A Council employee participated in training in July 2015, as part of the rollout of this program state-wide. This project will work with a consortium of councils to transform the way governments interact with vulnerable families in maternal and child health, and youth services, with a ‘complete care’ focus.

2. Council’s recent Enterprise Agreement No.6 2015 includes a Clause in relation to Family Violence, which encompasses access to paid special leave of up to twenty (20) days. A review of Council’s policies, and information provided to staffing in relation to this provision, will be undertaken (including exploring changes to the operation of Council’s Employee Assistance Program), to ensure there is a framework for staff to access support and implement the Family Violence Clause. Council’s Organisation Development Strategy supports continuing education and support for leaders and an HR presentation covering equity, diversity and family violence will be undertaken at a future Extended Management Team meeting will be delivered by the Risk and Human Resources Management department in March 2016.

3. The Victorian Family Violence Risk Assessment and Risk Management Framework (known as the Common Risk Assessment Framework, or CRAF) aims to help practitioners and professionals identify and respond to risk factors associated with family violence. An eLearning module has been developed, at no cost, and will be undertaken initially by Council’s Acting Manager Risk and Human Resources.

4. Council has recently participated in the ‘Dunny Door Campaign’ (April/May 2015), where stickers for “1800RESPECT”, a 24-hour National Sexual Assault, Domestic Family Violence counselling service, have been placed on toilet doors at all Council offices, depots and public toilets. There is the possibility of further extending this information, and similar information, by utilising the ‘hold message’ on Council’s 1300 contact number.

5. Partnerships with local organisations, including the Centre for Non-Violence (Bendigo) and Women’s Health Loddon Mallee (WHLM) are being explored. The Loddon Mallee Regional Action Plan for the Prevention of Violence Against Women (RAP) is one of nine plans being developed across Victoria to create whole of community regional collaboration on this issue. Council has participated in events with WHLM, the coordinating body for development of the RAP. Opportunities through these organisations, and other bodies, will be largely opportunistic but it is important that Council has the networks in place to take on these opportunities as they arise.

There are also partnership opportunities that exist with a number of other organisations, including the Country Fire Authority (CFA) and AFL Central Victoria. In addition, Council has been working with community organisations, such as the Birchip Affordable Housing Project, may also assist in addressing the link between family violence, housing and homelessness.

There are opportunities for Council to become involved in established events, including public education and campaigns, such as White Ribbon Day, organised annually on 25 November. Initiatives such as placing a ‘white ribbon’ sticker/symbol on each town’s entrance signage and organising a ‘white ribbon’ walk taking a pledge will be considered. Part of the process of identifying opportunities is establishing and maintaining connections with other councils to see initiatives of other Councils for preventing violence against women. To look at what locally relevant initiatives can be implemented within the Shire. Council is currently developing its social media presence, which presents a further opportunity for disseminating information and engaging with the community to promote key events and provide information.

Council is in a slightly unique position of being one of the larger employers in the region. Therefore, there is a role for Council in not only supporting and protecting victims of domestic violence in the workplace but also of demonstrating best practice in the region in relation to policies or strategies which encompass equity, access and inclusion. The Risk and Human Resources Department will be working to ensure its policies, plans and strategies contribute to access and equity for employees and the community.

3. Financial Implications

Council recognises a limiting factor for local government authorities in rural and regional areas is competing resource demands. Resourcing a Gender Equity development role at Council would require a commitment by Council, however supporting partnership development in this area and identifying funding opportunities available may help meet any direct financial costs.

There are a number of initiatives which are being considered by Council, which do not involve direct financial commitment, for example eLearning opportunities, as identified above.

4. Cost Shift Considerations

There are no known cost shift considerations.

5. Community Consultation

As discussed within this report, this issue requires continued engagement with the community, to acknowledge specific contextual factors within the Buloke Shire and the needs of the community. In particular, regional and rural communities may present unique opportunities and barriers in preventing and responding to family violence. These are issues that need to be considered when addressing the issue as an organisation and also as a partner with other organisations, within the broader community context.

Continued action under the Charter will send a strong message to the community of the importance of participation in civic life and the need for everyone in the community, regardless of gender and background, to practice active citizenship.

6. Internal Consultation

Consultation across Council departments in relation to identifying and implementing specific projects and strategies.

7. Legislative / Policy Implications

There will be a need to support legislative reform to enable state and local governments to continue meet their legislative responsibilities, and there is an advocacy role for local governments in this area. Building Council’s workforce capacity, including through systemised training opportunities, tailored to particular work environments, will require consideration of whether Council’s existing policies need to be revised and reviewed, particularly in relation to implementation of the Women’s Charter.

8. Environmental Sustainability

There are no known environmental sustainability considerations.

9. Conflict of Interest Considerations

No officer involved in the preparation of this report has a conflict of interest.

10. Conclusion

Council has an important role in engaging with organisations and communities to promote gender equality for women. A key component of this is engaging with organisations and communities to actively promote the principles under the Charter and also to continue to work with community services on strategies to prevent violence against women through primary prevention and early intervention. Council also has a role as an organisation in building its workforce capacity and supporting its employees in this area through its own policies, procedures and processes.

[1] http://www.dpcd.vic.gov.au/__data/assets/pdf_file/0020/86420/LGICI_Bulletin_3_Special_Committees.pdf

[3] Given the prescription in the Local Government Act about the composition of a special committee it is not possible for an incorporated association to be a special committee of the Council. While an incorporated association is a legal person, it is not the “natural person” intended by section 86.

[4] Review of Buloke Shire Council’s “Funding Allocations for Sports Clubs and Recreation Reserves March 2006” – Garry Henshall and Associates

[5] Council determined at its meeting on 4 November 1996 that non councillor members of committees be exempted from the requirement to submit register of interest returns unless specifically required by Council to conform.

NO.	TOPIC		PURPOSE
1.	Declarations of Conflicts of Interest		Nil.
2.	Councillor Only Session
3.	Presentations
	3.1	Planning and Community Support – Community Engagement Strategy (5.30pm)
	Dinner (6.15pm – 6.45pm)
	3.2	Iain Lawrie – Senior Manager – Acciona Energy – Update on Berrimal Wind Farm (6.45pm)
	3.3	Graeme Allan (Roadside works) (7.15pm)
4.	Items for Discussion
	4.1	Draft Ordinary Meeting Agenda 9 September 2015	Attachment
5.	Councillor Matters
6.	CEO Updates
	6.1	Maitreya Festival
	6.2	Cope Cope Road
	6.3	Councillor Workshop
	6.4	Community Summit

Date and Time:	16 September 2015	Time: 7.15pm to 9.00pm
Location:	Wycheproof Supper Room (367 Broadway, Wycheproof)

NO.	TOPIC		PURPOSE
1.	Declarations of Conflicts of Interest		Nil
2.	Councillor Only Session
3.	Presentations
	3.1	Wyche Vision presentation to Councillors (7.15pm)
	3.2	Manager Corporate Systems – Freedom of Information Privacy Act	Presentation to occur at future briefing
	3.3	Manager Finance – Rates and Charges – Community Groups/Recreation Groups/ Not for Profit Groups )part 2)	Documents were distributed prior to meeting
4.	Items for Discussion
5.	Councillor Matters
6.	CEO Updates

Date and Time:	7 October 2015	Time: 5.00pm to 8.00pm
Location:	Sea Lake Senior Citizens (98 Sutcliff Street, Sea Lake)

NO.	TOPIC	ACTIONS
1.	Conflicts of Interest	Nil.
2.	Meeting with representatives from Charlton Forum

Date	Applicant	Address and Project	Amount Approved
October 2015	Rotary Club of Charlton	Charlton Arts Show	$500

Application No	Applicant	Address	Date Rec	Summary of Proposal	Status
614/15	Shaun Ramsey	Saits Road, Charlton	26/06/15	Intensive Animal Husbandry (Free Range Chicken Farm)	Permit Issued 24/09/2015
615/15	Buloke Shire Council	22 Cumming Avenue, Birchip	03/07/15	Three lot subdivision	Permit Issued 10/09/2015
617/15	Craig Henderson	2982 Warracknabeal-Birchip Road, Warmur	10/07/15	Intensive Animal Husbandry (Free Range Chicken Farm)	Permit Issued 24/09/2015
618/15	Buloke Shire Council	56 Cumming Avenue, Birchip	14/07/15	Two lot subdivision	Permit Issued 22/09/2015
620/15	Helen Bethune (Outdoor Steel)	161 High Street, Charlton	03/08/15	Building and works for a domestic storage shed.	Referral
621/15	GWM Water	Birchip-Corack Road, Birchip	31/07/15	Disturbance of native vegetation for firefighting infrastructure	Permit Issued 22/09/2015
622/15	Graeme Allen	7 Jolly Street, Wycheproof	23/07/15	Use and development of two dwellings and two lot subdivision	Referral

Provider	Recipient	Date	Purpose for Recognition
Henty Machinery Field Days	Trevor Postlethwaite TPOS Fabrications (Engineer and Farmer) Coonooer West		Having developed a revolutionary farm machine, The Flatrac, which was recently recognised as the 2015 Machine of the Year at the Henty Machinery Field Days (southern Australia’s single biggest agricultural and open-air event.)
Buloke Shire Council	Bill Jaboor Former Chief Executive Officer, Hobsons Bay City Council		To recognise the active assistance and friendship provided to the Buloke Shire and its community during drought and flood by Bill, and the City of Hobsons Bay, on the event of Bill’s retirement.
Buloke Shire Council	Paul Younis Former Acting Chief Executive Officer Buloke Shire Council		To congratulate Paul on his appointment as Chief Executive Officer of City of Brimbank and recognise his contribution to the Buloke Shire.
Rural Finance	Harrison Christie Birchip		Recently awarded a Rural Finance Scholarship, which is awarded to Victoria’s top agricultural students
Donald P & A Society	Kerryn Voigt, Damon Coats and Elizabeth Russell		Recent recipients of Life Membership of the Donald P & A Society

Words	Meaning
*Act*	The Local Government Act 1989.
*Advisory Committee*	An Advisory Committee established by Council under Clause 12 of this Local Law.
*Assembly of Councillors*	An Assembly of Councillors as defined in section 3 of the Act.
*Agenda*	The notice of a meeting setting out the business to be transacted at the meeting.
*Business Days*	A normal working day of the Council, usually Monday to Friday excluding declared Public Holidays.
*Call of the Council*	The procedure whereby the Minister administering the Act calls the Council together to hold a Council meeting on a date, time and place as determined by the Minister.
*Chair*	The Chairperson.
*Chairperson*	The person who chairs a meeting of the Council or Special Committee of the Council and includes a person acting as Chairperson, a temporary Chairperson and a substitute Chairperson.
*Chief Executive Officer*	The member of Council Staff appointed to be its Chief Executive Officer, and includes a person acting as Chief Executive Officer.
*Clause*	A clause of this Local Law.
*Code of Conduct*	The Code of Conduct approved under Section 76C of the Act for Councillors.
*Committee Meeting*	A meeting of a Special Committee or an Advisory Committee.

*Common Seal*	The Common Seal of the Council.
*Council*	The Buloke Shire Council.
*Councillor*	A person who is an elected member of the Council.
*Council Meeting*	Includes Ordinary and Special meetings of the Council.
*Deputy Mayor*	A Councillor who has been elected to that position by a vote of Councillors.
*Division*	A formal count and recording of those for and those against a motion.
*Financial Year*	Has the same meaning as in the Act.
*Formal Motion*	A motion which relates to a procedural matter only and which is not designed to produce any substantive result but used merely as a formal procedural measure.
*Lot*	The casting or drawing of objects from a receptacle, to decide something (e.g. to choose a person by lot).
*Mayor*	The Mayor of the Council and any person acting as the Mayor.
*Meeting*	An Ordinary and a Special meeting of Council, a Special Committee meeting or an Advisory Committee meeting.
*Member*	A person who is entitled to vote at a meeting of the Council or a Special Committee of the Council.
*Minister*	The Minister responsible for administering the Local Government Act 1989.
*Minutes*	The record of proceedings of a meeting of the Council or a Special Committee of the Council.
*Municipal District*	The area from time to time comprising the Municipal District of the Council.
*Municipal Offices*	The offices of the Council.
*Notice of Motion*	A notice setting out the text of a motion which is proposed to be moved at the next relevant meeting.
*Offence*	An act or default contrary to this Local Law
*Ordinary Meeting*	An Ordinary meeting of Council.
*Penalty Unit*	Has the meaning set out in Section 110 of the Sentencing Act 1991.
*Present in the Meeting*	A Councillor was physically present in the Council Chamber or other room in which an Ordinary, Special or Advisory meeting of Council is being held.
*Penalty Unit*	Has the meaning set out in Section 110 of the Sentencing Act 1991.

*Present in the Meeting*	A Councillor was physically present in the Council Chamber or other room in which an Ordinary, Special or Advisory meeting of Council is being held.
*Recommendation*	The recommendation made by the Chief Executive Officer, Senior Officer or other member of staff in a report made to Council as part of the agenda. Such a recommendation has no standing unless it is moved and seconded as a motion for debate by Council.
*Regulations*	The Local Government Regulations (General Regulations) 2004, and any new regulations that may be applicable.
*Replica*	In relation to the Common Seal of the Council means any representation which purports to be, looks like or is capable of being mistaken for the Common Seal whether fixed to or printed on a document or advertisement or sign and includes any use of a symbol resembling the Common Seal which is capable of misleading a person into believing it is used with the authority of the Council.
*Resident*	A person who has a place of residence within the Municipal District.
*Senior Officer*	Has the meaning ascribed to it in Section 3 of the Act.
*Special Committee*	A Special Committee established as defined in section 3 of the Act.
*Special Meeting*	A Special Meeting of the Council.
*Statutory Year*	The year commencing no earlier than the last Saturday in November and concluding no later than 31 December of the following year or as the Act may prescribe from time to time.
*Suspension of Standing Orders*	The suspension of the provisions of this Local Law to facilitate full discussion on an issue without formal constraints
*Visitor*	Any person (other than a Councillor or member of Council staff) who is in attendance at a Council meeting or Special Committee meeting.
Written	Includes duplicated, lithographed, photocopied, photographed, printed, typed and emailed.

SERVICE	2015/16	2016/17	2017/18
Local Laws	X
Building and Planning	X
Economic Development	X
Enviro & Public Health		X
Immunisation		X
Community Development		X
School Crossings			X
Youth Development			X
Swimming Pools	X
Waste & Enviro	X
Asset Management	X
Saleyards and Truckwash		X
Road Services			X
Urban & Parks			X
Recreation		X
Emergency Management		X
Plant Management		X
Property Maintenance			X
Payroll	X
Return to Work			X
Staff Engagement			X
Employee Relations		X
OHS		X
Recruitment			X
Risk Management		X
Insurance	X
Library	X
MCH	X
Pre-School	X
Meals on Wheels		X
Home Care		X
Brokered Programs			X
Senior Citizens			X
Aged Accommodation			X
Procurement	X
IT	X
Media	X
Records management		X
Customer Service			X
Revenue Collection			X
Rates	X
Audit		X
Creditors			X
Financial Management		X
Governance	X

Motion: That the Council close the meeting to the public pursuant to Section 89(2) of the Local Government Act 1989 to consider the following items, which are confidential for the reasons indicated:
Item	Reason for Confidentiality
10.1 Vehicle Use - Chief Executive Officer	(a) personnel matters (d) contractual matters
10.2 Contract No. C30 - 2015/16: Provision of Hook-lift Bin Services for Waste Transfer Stations	(d) contractual matters
10.3 Contract C23 - 2015/16 Supply and/or Delivery of Road Making Materials	(d) contractual matters
Moved: Cr Gail Sharp Seconded: Cr Graeme Milne Carried.

Provider	Recipient	Date	Purpose for Recognition
Skillinvest	Dylan O’Toole Full Time Trainee Kooka’s Country Cookies		Winner of Skillinvest Regional 2015 Trainee of the Year Currently enrolled in Certificate 111 in Food Processing at South West TAFE.
Skillinvest	Mitchel Barry Full Time Apprentice O’Connors Birchip		Winner of Skillinvest 2015 Best Apprentice in first Year of Trade Currently enrolled in Certificate 111 in Agricultural Mechanical Technology, Sunraysia Institute of TAFE in Swan Hill
Skillinvest	Joshua Currie-Talty Year 11 Student Donald High School		Winner of Skillinvest 2015 Best School-based Apprentice Award Currently undertaking a achool-based apprenticeship working at Dunstan Engineering in Donald and enrolled in Certificate 2 in Engineering at Skillinvest.
Skillinvest	Samuel Phelan Year 12 Student Birchip P-12 School		Finalist of Skillinvest 2015 Best School-based Apprentice Award Currently undertaking a school-based apprenticeship working at O’Connors in Birchip two days per week.
Skillinvest	Teagan Anderson Full Time Trainee Woodbine Warracknabeal		Finalist of Skillinvest 2015 Best Trainee at Certificate IV and Diploma Level Currently studying Certificate IV in Disability
Skillinvest	Dudley Bibby Full Time Trainee Family Farm Avon Plains		Finalist of Skillinvest 2015 Best Trainee at Certificate IV and Diploma Level Currently studying Certificate IV in Agriculture
Buloke Shire Council	James Coatsworth Wycheproof		Recently presenting a cheque of $23,500 to the CEO of Diabetes Victoria in Melbourne following his fundraising cycling journey from Mount Wycheproof to Cape York.