Ordinary Council Meeting

 Agenda

Wednesday 10 July 2019

Commencing at 7.00pm

 

Wycheproof Supper Room

 

367 Broadway, Wycheproof

 

Anthony Judd

Chief Executive Officer

Buloke Shire Council


Buloke Shire Council Ordinary Meeting Agenda                                     Wednesday, 10 July 2019

ORDER OF BUSINESS

1.       COUNCIL WELCOME and statement of acknowledgement

WELCOME

The Mayor Cr Carolyn Stewart will welcome all in attendance.

STATEMENT OF ACKNOWLEDGEMENT

The Mayor Cr Carolyn Stewart will acknowledge the traditional owners of the land on which we are meeting and pay our respects to their Elders and to the Elders from other communities who maybe here today.

2.       RECEIPT OF APOLOGIES  

3.       CONFIRMATION OF MINUTES OF PREVIOUS MEETING  

Recommendation:

That Council adopt the Minutes of the Ordinary Meeting held on Wednesday, 12 June 2019 and Council adopt the Minutes of the Special Meeting held on Wednesday, 19 June 2019.

4.       REQUESTS FOR LEAVE OF ABSENCE 

5.       DECLARATION OF PECUNIARY AND CONFLICTS OF INTEREST

In accordance with Sections 77A, 77B and 78 of the Local Government Act Councillors are required to disclose an "interest" in a decision if they would receive, or could be reasonably perceived as receiving a direct or indirect financial or non-financial benefit or detriment (other than as a voter, resident or ratepayer) from the decision.

Disclosure must occur immediately before the matter is considered or discussed.

6....... Questions from the Public

Nil    4

7....... Procedural Items

7.1            Report of Assembly of Councillors Meetings  5

7.2            Correspondence Initiated by Council  10

7.3            Letters of Congratulations and Recognition of Achievement/Awards  11

7.4            Building Permits - Monthly Update  12

7.5            Planning Applications Received - Monthly Update  13

7.6            Charlton Park Committee of Management  15

8....... General Business

8.1      Policy Reports   18

8.1.1        Information Privacy Policy  18

8.2      Management Reports   25

8.2.1        Appointment of Council Delegate - Australian Livestock Saleyards Association Inc  25

8.2.2        Permission to seek Authorisation from the Minister to prepare Planning Scheme  Amendment C38 - Remove Schedule 2  to the  Environmental Significance Overlay  (ESO2) 27

8.2.3        Wycheproof Caravan Park Management  29

8.2.4        Circular Motion - Preliminary Submission to Buloke Shire Council Representation Review   34

8.2.5        Council Plan 2017-2021 - Year 3 Annual Plan  40

8.2.6        Buloke Shire Council 2017 - 2021 Year 2 Annual Plan Review   47

8.2.7        Murray Basin Rail Project  58

8.3      Financial Reports   63

8.3.1        Financial Performance as at 31 May 2019  63

8.4      Organisational Reports   74

8.4.1        Community Satisfaction Survey Results 2019  74

8.4.2        Submission to 2019 Local Government Bill Reforms  176

8.5      Reports from Councillors   184

Nil    184

9....... OTHER BUSINESS

9.1      Notices of Motion   185

Nil    185

9.2      Questions from Councillors   185

Nil    185

9.3      Urgent Business   185

Nil    185

9.4      Any Other Business   185

Nil    185

9.5      Matters Which May Exclude The Public   185

Nil    185

10..... MEETING CLOSE

 

 

NEXT MEETING

The next Ordinary Meeting of Council will be held in Wycheproof Supper Room, 367 Broadway, Wycheproof on Wednesday, 14 August 2019 at 7.00pm.

 

 

 

Anthony Judd

CHIEF EXECUTIVE OFFICER


Buloke Shire Council Ordinary Meeting Agenda                                     Wednesday, 10 July 2019

6.          Questions from the Public

                         Nil


Buloke Shire Council Ordinary Meeting Agenda                                     Wednesday, 10 July 2019

7.              Procedural Items

7.1       Report of Assembly of Councillors Meetings

Author’s Title:           Executive Assistant

Department:              Office of the CEO                                            File No: GO/05/04

Attachments:

1       Councillor Briefing Record - 5 June 2019

2       Councillor Briefing Record - 19 June 2019

 

 

 

RECOMMENDATION

 

That the Council note the report of Assembly of Councillor Meetings held on 5 and 19 June 2019.

Key Points/Issues

The Local Government Act 1989 (the Act) provides that a record must be kept of any Meeting of Councillors and Staff deemed to be an Assembly of Councillors Meeting as defined in the Act.

An Assembly of Councillors Meeting is defined in the Act as a meeting of Councillors if the meeting considers matters that are likely to be the subject of a Council decision or the exercise of delegation and the meeting is:

·    A planned or scheduled meeting that includes at least half of the Councillors and a member of Council Staff; or

·    An Advisory Committee of the Council where one or more Councillors are present.

The Act also provides that the record of any Assembly of Councillors is to be reported to the next practicable Council Meeting and recorded in the Minutes.

A record of the Assembly of Councillors Meetings held on 5 and 19 June 2019 is attached.

 


Buloke Shire Council Ordinary Meeting Agenda                                           Wednesday, 10 July 2019

7.1                   Report of Assembly of Councillors Meetings

Attachment 1    Councillor Briefing Record - 5 June 2019

 

BULOKE SHIRE COUNCIL

RECORD

Councillor Briefing

 

Date and Time:

5 June 2019

Time:    5.00pm – 8.00pm

Location:

Birchip Council Chamber

 

 

ITEMS

NO.

TOPIC

PURPOSE

1.

Councillor only time 5.00pm – 5.30pm

 

2.

Welcome

 

3.

Apologies

 

Hannah Yu – Director Corporate Services

Travis Fitzgibbon – Manager Customer Engagement

4.

Attendees

 

 

Cr Carolyn Stewart

Cr Daryl Warren

Cr Graeme Milne

Cr David Pollard

Cr Ellen White

Cr David Vis

Anthony Judd –Chief Executive Officer

Wayne O’Toole– Director of Works and Technical Services

Jerri Nelson –Director Community Development

5.

Visitors

 

Peter Newman - TLN Planning – Rural Land Study Workshop

Bob Edgar – Agricultural Scientist – Rural Land Study Workshop
Brendan Beasley – Birchip Forum

6.

Declarations of Pecuniary Conflicts of Interest

Nil.

7.

Confirmation of Councillor Briefing Notes  15 May

Confirmed.

8.

Presentations

 

 

8.1

Rural Land Study workshop

Peter Newman PLN Planning

Bob Edgar, Ag Scientist

 

 

 

8.2

Birchip Forum

Brendan Beasley

 

9.

Discussions

 

 

9.1  Service review – Truck wash and Saleyards

 

 

9.2  Sea Lake Hotel

 

10.

Councillor Matters

 

11.

CEO Updates

 

12. Next Briefing: 

Date and Time:

19 June 2019

Time:    3.00pm – 6.00pm

Location:

Wycheproof Supper Room

 

13. Briefing Close


Buloke Shire Council Ordinary Meeting Agenda                                           Wednesday, 10 July 2019

7.1                   Report of Assembly of Councillors Meetings

Attachment 2    Councillor Briefing Record - 19 June 2019

 

BULOKE SHIRE COUNCIL

RECORD

Councillor Briefing

 

Date and Time:

        19 June 2019

Time:    3.00pm – 6.00pm

 

Location:

Wycheproof Supper Room

Attendees:

Cr- David Pollard

Cr- Graeme Milne

Cr- Ellen White

Cr- Carolyn Stewart

Cr- Daryl Warren

 

Anthony Judd –Chief Executive Officer

Hannah Yu – Director Corporate Services

Wayne O’Toole–  Director of Works and Technical Services

Jerri Nelson  –Director Community Development

Travis Fitzgibbon- Manager Customer Engagement

 

Apologies:

Cr- John Shaw

Cr- David Vis

Visitors:

Greg Fonti -CEO KIG Energy

Leah Satori and Charmaine Delaney - Lead Loddon Murray

Mandy Hutchinson - Northern District Community Health

Eloise Gretgrix – Wycheproof P-12  College Student

 

 

ITEMS

NO.

TOPIC

PURPOSE

1.

Declarations of Conflicts of Interest

 

2.

Briefing Notes

 

3.

Presentations

 

 

3.1

Lead Loddon Murray Presentation

 

 

3.2

KIG Energy

 

 

3.3

Northern District Community Health

 

 

3.4

Youth  speaker- NCLLEN

 

 

Briefing close

 

4.

Special Meeting  of Council     

 

 

4.1          Annual Budget Adoption 2019/2020

 

 

Briefing re-open

 

5.

Items for Discussion

 

 

5.1

Customer Satisfaction Survey

 

 

5.2

Aged Care Reform Options

 

6.

Councillor Matters

 

7.

CEO Updates

 

 

 

Next Briefing: 

Date and Time:

3 July 2019

Time:    5.00pm – 8.00pm

Location:

Charlton Council Chamber

 

 

 


Buloke Shire Council Ordinary Meeting Agenda                                     Wednesday, 10 July 2019

7.2       Correspondence Initiated by Council

Author’s Title:           Executive Assistant

Department:              Office of the CEO                                            File No: GO/06/09

Attachments:

Nil

   

 

 

RECOMMENDATION

 

That Council notes the record of correspondence sent and responses received.

 

 

 

Table of correspondence

 

Council Initiative

Correspondence sent to

Date sent

Date of Response

Summary of response

To endorse the MAV’s “rescue our Recycling” Action Plan, and five key actions for each level of government.

Seeking Vic Govt to provide funding  relief to Councils such as Buloke, who have been financially affected by SKM closures.

 

The Hon Lily D’Ambrosio MP

Minister for Energy, Environment and Climate

 

Copy to:

The Hon Adem Sumyeruk MLC, (Min for Local Govt); Ms Ali Cupper MP, Ms Louise Staley MP, The Hon Melissa Price MP (Fed Min for Env)

15 April 2019

30 April 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

15 May 2019

 

From Ms Ali Cupper.  Ali is basing her position on MAVs plan,

In particular calling upon the Victorian Government to

Urgently invest to increase sorting and processing

Create authority to oversee and regulate recycling management in the state

Set targets to increase the use of recycled material  and demand for recycled products

Meeting with Minister D’Ambrosio to discuss and will keep Buloke informed.

 

Office of The Hon Lily D’Ambrosio MP.

Confirmed Advisor to Waste and Recovery Resources is available to speak with Mayor.

 

 


Buloke Shire Council Ordinary Meeting Agenda                                     Wednesday, 10 July 2019

7.3       Letters of Congratulations and Recognition of Achievement/Awards

Author’s Title:           Executive Assistant

Department:              Office of the CEO                                            File No: CR/13/01

Attachments:

Nil

 

 

 

RECOMMENDATION

That the Council acknowledge and congratulate the persons and/or groups mentioned in the report for their achievements.

 

1.       Executive Summary

This report acknowledges and congratulates community persons and/or groups for their success in being recognised for a significant achievement or for being a recipient of an honourable award.

The report also informs Council of any letters of congratulations or any particular recognition of achievement that Council has received or been awarded in the past month.

2.       Recognition of Achievement Items

Provider

Recipient

Date

Purpose for Recognition

Vic State Department of Education and Training

James Leeder

Donald

3 June 2019

Awarded Premiers VCE Award for outstanding achievement 2018 VET Engineering study score

Monash University

Rebecca Postlethwaite

Gooroc

 June 2019

Graduated with a Bachelor of Biomedical Science and Diploma of Languages in Spanish

The people of the Federal Electorate Division of Mallee

Dr Anne Webster MP

The National Party

June 2019

Being elected to the Federal Government to represent the Division of Mallee.

 

 


Buloke Shire Council Ordinary Meeting Agenda                                     Wednesday, 10 July 2019

7.4       Building Permits - Monthly Update

Author’s Title:           Compliance Administration Officer

Department:              Works and Technical Services                     File No: DB/14/02

Attachments:

Nil

 

 

RECOMMENDATION

 

That the Council note information contained in the report on Building Permits approved by staff from 1 June 2019 to 30 June 2019.

 

1.       Executive Summary

This report provides information on Building Permits approved by staff from 1 June 2019 to 30 June 2019.

2.  List of Building Permits Approved by Council Surveyor

Permit No.

Address

Project Description

Date Approved

20190026

Sunraysia Highway,
DONALD

New Building: Amenities

23/05/2019

20190034

Borung Highway,

CHARLTON

New Building: Shed

20/06/2019

20190035

125 Storeys Road,

WYCHEPROOF

New Building: Shed

20/06/2019

20190027

18 Johnson Street

BIRCHIP

New Building: Shed

13/06/2019

20190028

318 Borung Highway

CHARLTON

New Building: Shed

13/06/2019

20190030

4 Hillview Street

WYCHEPROOF

New Building: Shed

18/03/2019

3.       List of Building Permits Approved by Private Surveyor

Permit No.

Address

Project Description

Date Approved

20190029

15 Jubilee Street

WYCHEPROOF

Re Stump: Dwelling

15/03/2019

20190031

268 Reilly’s Road

CORACK

New Building: Farm Shed

11/04/2019

20190032

295 Nullawil-Birchip Road

NARRAPORT

New Building: Shed

12/04/2019

20190033

379 Richards Road

LITCHFIELD

New Building: Shed

30/04/2019

 


 

7.5       Planning Applications Received - Monthly Update

Author’s Title:           Planning Officer

Department:              Works and Technical Services                     File No: LP/09/01

Attachments:

Nil

 

 

 

RECOMMENDATION

 

That the Council note information contained in the report on planning applications under consideration by staff and the status of each of these applications.

 

 

1.       Executive Summary

This report provides information on planning applications under consideration by staff and the status of each of these applications.

2.       List of Planning Applications

Application No

Applicant

Address

Date Rec

Summary of Proposal

Status

PPA782/19

Rohan Fry

56-58 Racecourse Road, Donald

23.01.19

Use and development of land for a biscuit manufacturing plant

Further information request

PPA792/19

Ashley Sheahan (Teys Aust.)

224 Yeungroon-Woosang Road, Yeungroon East

03.05.19

Three accommodation units associated with the Charlton feedlot

Further information request

PPA795/19

Graeme Harris

22 Racecourse Road, Donald

14.05.19

Construction for the extension of a building

Permit issued

PPA799/19

Peter Smith

24-28 Duncan Street, Birchip

03.06.19

Partial demolition of a building in the heritage overlay and construction for an extension to the Birchip Hospital

Awaiting report

PPA800/19

Whitney Boyle

Calder Highway, Wycheproof

06.06.19

Use and development of land for a dwelling

Referral

 

Application No

Applicant

Address

Date Rec

Summary of Proposal

Status

PPA801/19

TJ & WJ Bath

Culgoa-Lalbert Road, Culgoa

12.06.19

Use and development of land for a rural store ( 2 grain bunkers)

Notice of application

PPA802/19

Northern Land Solutions

688 Nullawil North Road, Kalpienung

12.06.19

Two lot subdivision of land (boundary realignment and rural dwelling excision)

Notice of application

PPA803/19

IKC Commercial

376 Mills Road, Whirily

18.06.19

Construction of a building for dry sow accommodation

Further information request

PPA804/19

Kerri Ann Barry

46 Main Street, Culgoa

25.06.19

Construction of a shaded memorial structure in a Heritage Overlay

New

 

 


Buloke Shire Council Ordinary Meeting Agenda                                     Wednesday, 10 July 2019

7.6       Charlton Park Committee of Management

Author’s Title:           Governance Officer

Department:              Corporate Services                                          File No: ED/05/15

Attachments:

1       Charlton Park Committee of Management Meeting Minutes 3 June 2019

Relevance to Council Plan 2017  - 2021

Strategic Objective:          Support our councillors, staff, volunteers and the community to make informed and transparent decisions.    

 

 

RECOMMENDATION

 

That Council notes the Minutes of the Ordinary Meeting of the Charlton Park Committee of Management for 3 June 2019.

 

1.       Executive Summary

Charlton Park Committee of Management is a Special Committee of Council under section 86 of the Local Government Act 1989. The minutes of meetings held by this Committee should be noted by Council.

2.       Discussion

Charlton Park Committee of Management held an Ordinary Meeting on 3 June 2019.  The meeting minutes have been attached to this report.

 

3.       Financial Implications

Council is required to report on financial reports of Special Committees of Council.

4.       Cost Shift Considerations

There are no cost shift considerations.

5.       Community Consultation

No community consultation is necessary for the purposes of this report.

6.       Internal Consultation

Senior Management has been consulted in preparation of this report.

7.       Legislative / Policy Implications

Council’s noting of the meeting minutes of Special Committees meets the requirements under the Local Government Act 1989.

8.       Environmental Sustainability

There are no environmental sustainability matters arising from this Report.

9.       Conflict of Interest Considerations

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

10.     Conclusion

It is recommended Council notes the minutes of the Ordinary Meetings of Charlton Park Committee of Management held on 3 June 2019.


Buloke Shire Council Ordinary Meeting Agenda                                                      Wednesday, 10 July 2019

7.6                   Charlton Park Committee of Management

Attachment 1    Charlton Park Committee of Management Meeting Minutes 3 June 2019

 

Charlton Park Committee of Management

Minutes (draft) of meeting held on Monday 3rd June 2019, at CFC Social Rooms

 

List of club representatives:

 

Buloke Shire

Carolyn Stewart

Sec / Treasurer

Simon Peck

Harness Club

Joe Thompson

Golf

Anne Kenny

Cricket

 

Bowling

Kevin Willey

Park Golf

Pat Clifford

Netball

Kim Fitzpatrick

Pony Club

Alena Olive

Hockey

Leanne Gretgrix

Football Club

Shane Fitzpatrick

Show

Wendy Laffin

Stadium

Kelvin Baird

Angling

Kevin Willey

Tennis

John Harley

 

 

Croquet

Barb Dalrymple

 

 

 

Present:  Simon Peck, Carolyn Stewart, Kevin Willey, Kim Fitzpatrick, Shane Fitzpatrick, Joe Thompson, Anne Kenny, Barb Dalrymple, John Harley, Paul Fernee (Buloke Shire)

 

Apologies: David Pollard, Alena Olive

 

Minutes of previous meeting:

 

Moved by A Kenny / B Dalrymple – Carried

 

Business Arising:

 

·      Nil.

 

Correspondence in:

Nil

 

 

Correspondence out:

Nil

 

 

Finance Report:

 

·      Current balance $53,420

Budgeting for June 30 balance of $53,358.

 

Moved that the report be accepted.

Simon Peck / K Willey – Carried.

 

Club Reports:

 

Harness Club

·      Plans to upgrade track with new surface.

 

2020 committee (J Harley)

·      Building progressing well with expected handover early August.

·      Extra funding pledged by State Government before State election has been confirmed.

·      Fundraising campaign is continuing.

·      Negotiations of possible opening date, Sunday 20 Oct. (after Show). Dependent on availability of invited guests.

 

General Business:

·      Management of new building

-      Interim plans in place for management until more permanent positions in place

-      Keys system is being organised.

-      Power will be off at Park for a week (towards end of June).

-      Sub-committee to meet to finalise plans.

·      Corellas – Kevin reported on meeting at Shire with representatives of DEWLP and Buloke Shire. Suggested control strategies were tabled. It was decided to seek community involvement in a concentrated effort in Spring to move the birds from the area.

 

Meeting closed: 8.35 pm      

 

Next Meeting:  

Monday 5th August 2019, 8.00pm - Charlton Football Social Rooms.

 


Buloke Shire Council Ordinary Meeting Agenda                                     Wednesday, 10 July 2019

8.          General Business

8.1       Policy Reports

8.1.1    Information Privacy Policy

Author’s Title:           Manager Governance

Department:              Corporate Services                                          File No: CM/14/17

Attachments:

1       Information Privacy policy

Relevance to Council Plan 2017  - 2021

Strategic Objective:          Deliver our service in a financially viable way    

 

 

RECOMMENDATION

 

That Council adopt the Information Privacy Policy.

 

1.       Executive Summary

The Privacy and Data Collection Act 2014 requires Victorian public sector organisations to comply with the ten information privacy principles governing the collection, management, use and disclosure of personal information. It is a requirement to have a policy setting out Council’s management of personal information.

2.       Discussion

The Privacy and Data Collection Act 2014 requires Victorian public sector organisations to comply with the ten information privacy principles governing the collection, management, use and disclosure of personal information. It is a requirement to have a policy setting out Council’s management of personal information.

 

At present Council does not have a privacy policy in place and is seeking to adopt a policy.

 

Best practice indicates that any privacy policy should be reviewed at least once every two years.

3.       Financial Implications

There are no financial implications associated with the proposed adoption of this Policy.

4.       Cost Shift Considerations

There are no cost shift considerations in relation to this Policy.

5.       Community Consultation

There has been no community consultation in relation to this policy. If adopted, the policy will be made available to the public on Council’s website.

6.       Internal Consultation

The Senior Leadership Team was consulted in relation to this Policy. The Policy was also considered at the May 2019 Audit Committee Meeting.  Feedback provided by the Committee has been incorporated into the policy document. 

7.       Legislative / Policy Implications

Schedule 1 of the Privacy and Data Collection Act 2014 sets out the ten Information Privacy Principles. Information Privacy Principle 5 states that an organisation must set out in a document clearly expressed policies on the organisation’s management of personal information. The document must be available to anyone who requests it.

8.       Environmental Sustainability

There are no environmental sustainability implications associated with the adoption of this policy.

9.       Conflict of Interest Considerations

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

10.     Conclusion

It is recommended that Council adopt the Information Privacy policy.

 


Buloke Shire Council Ordinary Meeting Agenda                                                    Wednesday, 10 July 2019

8.1.1                 Information Privacy Policy

Attachment 1    Information Privacy policy

 

 

Buloke logo

 

Policy Title

Information Privacy policy

Responsible Directorate

Corporate Services

Policy No

178

Date approved

July 2019

Revision No

1

Revision Date

July 2021

                                 

Purpose

The purpose of this policy is to assist Council to meet its obligations under the Privacy and Data Protection Act 2014 and to provide a framework for the responsible handling and management of personal information of individuals by Council.

This policy outlines how Council will collect, hold, use and disclose the personal information of individuals and how individuals can access their information.

This document represents the current policy of Council until it is revised or rescinded.  It is the intention of Council that this document will be reviewed at least every two years.

Scope

This policy applies to all personal information and sensitive information about an individual that is collected, stored, used or disclosed by Council.

This policy applies to all employees of Council and to elected Councillors.

This policy is not intended to cover Health Information collected and stored in accordance with the Health Records Act 2001.

Definitions

In this policy –

“Council” means Buloke Shire Council.

“Councillor” means a Councillor of Council.

“Employee” means an employee of Council and also includes contractors and their agents, volunteers and individuals on work experience.

“Health Information” means information of a kind to which the Health Records Act 2001 applies.

“Identifiers” means a code or number assigned to an individual’s record that could be used to assist to identify an individual.

“Information Privacy Principles (IPP’s)” refers to the set of ten principles listed in the Act.

“Personal Information” means information or an opinion that is recorded in any form about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion, but does not include information of a kind to which the Health Records Act 2001 applies.

“Sensitive Information” means information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association or trade union, sexual preferences or practices or criminal record, that is also personal information.

“the Act” refers to the Privacy and Data Protection Act 2014.

Policy Statement

The Buloke Shire Council (Council) recognises that the responsible handling of personal information is a key aspect of good governance and is committed to protecting an individual’s right to privacy to the extent required by law.

Council Functions and Activities

Council’s functions are prescribed by the Local Government Act 1989. Council’s main services, functions and activities include but are not limited to:

·    Providing services for the local community including maternal child health services, public health services relating to food safety, library services, recycling and waste management, services for children and youth, aged people and people with disabilities, tourism and economic development, urban planning and building regulation,

·    Providing and maintaining community infrastructure including capital works and maintenance of parks and gardens, roads, foot paths and public spaces, maintenance and management of community facilities and recreation reserves

·    Undertaking strategic and land use planning including land transfers

·    Raising revenue to enable Council to perform its functions including rate and valuation services and other property related services

·    Making and enforcing local laws including animal management and fire prevention

·    Exercising, performing and discharging duties, functions and powers of Council.

Guidelines

Collection of Information

Council will collect and hold personal information that is necessary for its functions and activities.

How does Council collect personal information?

Where reasonable and practicable, personal information may be collected directly from an individual or from an individual about someone else. This information may be collected in a variety of ways including but not limited the collection of information via Council forms (electronic and hardcopy), via conversations involving Council employees and Councillors, through interaction with Council’s website and social media, via enquiries or works requests, via a Notice of Acquisition or Notice of Disposition, via photographs, SMS, surveys or any other sources (including unsolicited sources).

What types of information does Council collect?

The types of information that Council may collect includes but is not limited to name, address, email address, telephone number, date of birth, motor vehicle registration, photograph or video footage, physical disabilities, pension card numbers, bank account and other financial details of residents, ratepayers and staff.

In some instances, personal information will be included in registers which Council is legally required to make available to the public (such as for planning and building permits, food premises and animal registration databases).

Council will only collect personal information (including sensitive information) that is necessary for its functions and activities.

 

What will happen if I don’t provide all information necessary for Council to perform its functions and activities?

Where Council requests certain information from an individual that is necessary to be able to perform its functions and activities, and an individual chooses not to provide such information, Council also reserves the right to take no further action.

For example, if a person calls to report that their garbage bin has not been emptied and elects not to provide their property address or name, it is unlikely Council will be unable to action the request given insufficient information has been provided.

Unsolicited Information

Council may receive personal information that is not necessary for, or related to, any purpose of Council. For example, where individuals provide personal information to Council without Council asking for it (including by third parties) and/or when Council asks for some information, but individuals (or third parties) provide more than is requested. In these instances, it may not be reasonable for Council to notify the individuals concerned of the collection. In these instances, if Council choses to store the information, it will be stored in accordance with council’s policies, standard record keeping procedures and applicable legislation.

Use and Disclosure

Council will take measures to prevent unauthorised access to, or unauthorised disclosure of, personal information.

Council will not disclose personal information other than for the purpose for which it was collected or in accordance with the Act, or where the use or disclosure is specifically authorised by any other Act or Regulation.

What types of disclosure may Council make?

Council may disclose personal information to:

·    Other areas within Council, where that information is relevant to performing a specific function or activity or service

·    The public where that information is used as part of a statutory process and disclosure is required by law, for example, as part of a planning permit application or a building permit application. Council may also use personal information on public registers that it is legally required to make available for public inspection (in person or on Council’s website).

·    A contractor engaged by Council to provide outsourced services on behalf of Council. For example, contactors who provide home maintenance services and fire prevention services, Council’s IT contractors, professional advisors, garbage collection contractors etc 

·    Other third party entities authorised or required by law, such as solicitors, consultants (including auditors), insurers, debt collection agencies, Victorian Workcover Authority, law enforcement agencies such as Victoria Police

Data Quality and Security

Council will endeavor to ensure the personal information it collects uses or discloses is accurate, complete and up to date and will take reasonable steps to protect the information from misuse, unauthorised access or unauthorised disclosure.

Personal information will be destroyed in accordance with Council policy and procedures and in accordance with relevant legislation. 

Openness

Council will make available its policies on the management of information.

On request, Council will take reasonable steps to provide individuals with general information on the types of information it holds, for what purposes, and how it collects, holds, uses and discloses that information.

Access and Correction

Access to, or correction of personal information is subject to the Freedom of Information Act 1982 and the Act.

If individuals believe that their information is inaccurate, incomplete or out of date, they may request Council to correct the information. The Freedom of Information Act 1982 also provides individuals with a formal statutory process to access and correct their personal information.

Identifiers and Anonymity

Council will only assign Identifiers to records if it is necessary to enable Council to carry out a function efficiently.

Wherever lawful and practicable, Council will offer individuals the option of not identifying themselves when entering into transactions with an organisation. However, in such instances Council reserves the right to take no further action on a matter.

Transboarder Data Flows

Council will only transfer personal information outside of Victoria in accordance with the provisions of the Act.

Council is in the process of transitioning towards cloud based infrastructure. As a result, personal information may be transferred or stored on servers outside of Victoria. In such instances Council should take reasonable steps to ensure compliance with the Victorian IPP’s as part of this transition.

Sensitive Information

Council will not collect sensitive information about an individual except in the circumstances prescribed under the Act.

Enquiries and Complaints

Any individual seeking further information, wishes to access or amend their personal information or wishes to make a complaint in relation to the handling of their information should contact Buloke Shire Council.

 Requests to access or amend personal information should be made in writing to:

    Director Corporate Services
    Buloke Shire Council
    PO Box 1, Wycheproof, Vic 3527
    Email: buloke@buloke.vic.gov.au
    Telephone: 1300 520 520

Complaints in relation to any alleged breach of the IPPs or this policy should be made via telephone or in writing to the contact officer above.  A description of the incident including when it occurred, what information was disclosed and where it was disclosed should also be provided.

Council will aim to investigate and resolve complaints within 15 business days. If this is not possible, Council will inform the person who has made the complaint within 10 business days.

Individuals wishing to make a privacy complaint may also contact the Office of the Victorian Information Commissioner

What is the Office of the Victorian Information Commissioner?

The Office of the Victorian Information Commissioner (OVIC) is the independent regulator for information privacy, information access and data protection. OVIC’s role is to try and resolve a privacy issue where an individual and Council have been unable to resolve a privacy complaint in the first instance.

Individuals wishing to make a privacy complaint to OVIC should contact:

    Office of the Victorian Information Commissioner
    PO Box 24274, Melbourne, Vic 3000
    Email: enquiries@ovic.vic.gov.au
    Telephone: 1300 006 842
    Website: https://ovic.vic.gov.au/privacy/for-the-public/complaints/

References

This policy was developed in accordance with the following legislation:

·    Privacy and Data Protection Act 2004

·    Local Government Act 1989

·    Freedom of Information Act 1982

·    Charter of Human Rights and Responsibilities Act 2006

This policy was developed in accordance with the following documents:

·    Code of Conduct for Councillors

·    Code of Conduct for Staff

·    Customer Service Charter

 

 


Buloke Shire Council Ordinary Meeting Agenda                                     Wednesday, 10 July 2019

8.2       Management Reports

8.2.1    Appointment of Council Delegate - Australian Livestock Saleyards Association Inc

Author’s Title:           Executive Assistant

Department:              Office of the CEO                                            File No: GO/06/06

Attachments:

Nil

Relevance to Council Plan 2017  - 2021

Strategic Objective:          Responding to and enhancing our built and natural environment    

 

 

RECOMMENDATION

 

That Council appoints Cr _____________________ as the Council delegate for the Australian Livestock Saleyards Association Inc.

 

 

1.       Executive Summary

Council’s Local Law No 15 – Meeting Procedure and Common Seal states that the agenda for the Statutory Meeting is to include the appointment of Councillors as delegates to peak bodies.

 

Council, at its Statutory Meeting 14 November 2018, appointed its list of Council delegates for the 2018/2019 year. 

 

This list did not include the Australian Livestock Saleyards Association.

 

Council, up until October 2016, was represented by the former Councillor Stuart McLean, as its delegate to the Livestock Saleyards Association of Victoria (LSAV). In 2016, the LSAV was renamed to Australian Livestock Saleyards Association Inc (ALSA). Stuart McLean is the current President on the board of the ALSA.

2.       Discussion

In accordance with Council’s Saleyards Precinct Local Law No 14, Council is required to operate the Saleyard Precinct in a manner that achieves the requirements of the Livestock Management Act 2010 and any applicable standards and codes.

 

Wycheproof saleyards, owned and maintained by Council, is regarded as the largest store sheep selling centre in regional Victoria. Regular sales are held monthly with special sales held at other times.

 

It is believed Council representation with the ALSA, is essential for Council to be kept well-informed and strategically guided by this peak key industry body, for sustainable and responsible operations for livestock marketing, and to provide voice for the users of its saleyard.

3.       Financial Implications

There are no capital or recurrent financial implications from this report.

4.       Cost Shift Considerations

There are no cost shift considerations from this report. 

5.       Community Consultation

There has been no community consultation undertaken to administer this report.

6.       Internal Consultation

There has been no internal consultation undertaken to administer this report.

7.       Conflict of Interest Considerations

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

8.       Legislative / Policy Implications

In accordance with Council’s Meeting Procedure and Use of Common Seal Local Law No 15, Council is required to include in the Agenda of its Statutory Meeting, the appointment of Councillors as delegates to peak bodies.

 

In accordance with Council’s Saleyards Precinct Local Law No 14, Council is required to operate the Saleyard Precinct in a manner that achieves the requirements of the Livestock Management Act 2010 and any applicable standards and codes. 

9.       Conclusion

It is recommended that Council appoint a Councillor as a delegate to the Australian Livestock Saleyards Association Inc. 

 

 

 


Buloke Shire Council Ordinary Meeting Agenda                                     Wednesday, 10 July 2019

8.2.2    Permission to seek Authorisation from the Minister to prepare Planning Scheme  Amendment C38 - Remove Schedule 2  to the  Environmental Significance Overlay  (ESO2)

Author’s Title:           Planning Officer

Department:              Works and Technical Services                     File No: LP/08/04

Attachments:

Nil

Relevance to Council Plan 2017  - 2021

Strategic Objective:          Responding to and enhancing our built and natural environment    

 

 

RECOMMENDATION

 

That Council seeks authorisation from the Minister of Planning to prepare Planning Scheme Amendment C38 to remove Schedule 2 to the Environmental Significance Overlay (ESO2).

 

1.       Executive Summary

The amendment proposes to remove Schedule 2 to the Environmental Significance Overlay (ESO2) as the objectives and purposes of this overlay are now redundant. The proposed change seeks to remove a redundant overlay (over old GWM channel structures), which is consistent with the requirements of the Planning and Environment Act 1987 for regular review of planning schemes.

2.       Discussion

The purpose of the ESO2 is to protect water reservoirs and channels. Due to the commissioning of the Wimmera Mallee Stock and Domestic Water Pipeline System the earthen channel system is no longer used for stock and domestic water supply and is now redundant.

 

Construction of the Wimmera Mallee Pipeline commenced in November 2006 and was completed in April 2010, replacing 17,500 kilometres of open channels with 9,159 kilometres of rural pipeline. The pipeline provides a reliable and secure water supply to the region and 36 towns across the Wimmera and Mallee.

 

GWM Water have been consulted and have provided a letter stating they have no objection to the removal of the ESO2. They have confirmed that the earthen channel system throughout the Buloke Shire has been decommissioned and are no longer required.

 

The amendment will have a positive impact on Council’s administrative resources, as the ESO2 triggers unnecessary planning permits in the identified locations. The amendment will also provide a net community benefit through reduced permits and associated costs. This amendment is in line with the recommendations of the Cutting Red Tape in Planning Report (DSE 2006) by reducing the number of matters that unnecessarily require planning approval and therefore saving on scarce planning resources.

 

The amendment is required to remove a redundant land use control. The amendment does not propose significant changes to the Buloke Planning Scheme. The amendment is consistent with the Local Planning Policy Framework, with no significant changes to the implementation of the Local Planning Policy Framework or the Municipal Strategic Statement.

 

3.       Financial Implications

The cost of the amendment and the related advertising and the giving of notice will be borne by the Council.

4.       Cost Shift Considerations

There are no cost shift considerations in this report.

5.       Community Consultation

As per the Planning Scheme Amendment Process; notices will be placed in the Government Gazette and the local newspapers with the opportunity for written submissions to be received.

6.       Internal Consultation

The Planning Department has considered the structure of this amendment.

7.       Legislative / Policy Implications

The amendment process will be conducted as per the requirements of the Planning & Environment Act 1987.

8.       Environmental Sustainability

The amendment seeks to remove a redundant planning control and as such will have no relevant environmental effects. It is considered that the existing native vegetation removal protections will provide environmental protection.

9.       Conflict of Interest Considerations

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

10.     Conclusion

It is recommended that Council approves the request to seek authorisation from the Minister of Planning to prepare Planning Scheme Amendment C38 to remove Schedule 2 to the Environmental Significance Overlay (ESO2)

 

 


Buloke Shire Council Ordinary Meeting Agenda                                                           Wednesday, 10 July 2019

8.2.3                 Wycheproof Caravan Park Management

Attachment 1    Draft Management Agreement - Wycheproof Caravan Park

 

8.2.3    Wycheproof Caravan Park Management

Author’s Title:           Manager Community Facilities

Department:              Works and Technical Services                     File No: PR/07/11

Attachments:

1       Draft Management Agreement - Wycheproof Caravan Park

Relevance to Council Plan 2017  - 2021

Strategic Objective:          Deliver our service in a financially viable way    

 

 

RECOMMENDATION

 

That Council:

1.       Enter into a management agreement for the Wycheproof Caravan Park with Wyche Alive Inc. for up to three years; and

 

2.       Authorise the Chief Executive Officer to finalise negotiations of the proposed management agreement and execute on behalf of Council.

 

1.       Executive Summary

This report is presented to Council to consider the future management of the Wycheproof Caravan Park.

2.       Discussion

Wycheproof Caravan Park is located on the Wycheproof Recreation Reserve which is Crown Land, Council is Committee of Management.  For more than a decade Council has directly managed the park through appointing a caretaker who has serviced the amenity block and collected fees from campers and residents.

 

In late 2018, Council was approached by Wyche Alive Inc. the township Forum, raising opportunities for improving the management of the park. They highlighted issues such as the provision of additional hours of site management, a booking system and general improvements that would encourage increased use, thus supporting improved economic outcomes for the Wycheproof Community through increased local spending.

 

An internal review into the management of the Caravan Park was undertaken in January 2019, with an option analysis developed. This was presented to Councillors at a briefing in March 2019. 

 

As Wycheproof is the only Caravan Park Council directly manage, and the additional financial input would require a reduction in other Council services, it was decide to undertake an Expression of Interest process for the management of the Caravan Park, enabling a more efficient and targeted service.

 

Council undertook a twenty eight (28) day expression of interest (EOI) process which was advertised in all three local newspapers and on Council’s website.  This EOI process concluded on Friday 26 April 2019.  Council received two submissions from community groups within Wycheproof who were interested in managing the park.  Subsequent interviews with the submitters were undertaken by a panel comprised of two Council Officers in May 2019.

 

The panel reviewed the EOI submissions and subsequent information presented in the interviews and utilised this to nominate a preferred organisation to enter into a management agreement.  This recommendation was endorsed by Council management.  Subsequently officers have entered into negotiations with the preferred organisation over the past few weeks to establish a management arrangement, and commencement date.

 

Based on this negotiation, the preferred organisation Wyche Alive Inc. would be prepared to commence operations of the caravan park from Monday 5 August 2019.  The recommended terms included;

-     Up to three years

-     A management fee of $50 per annum on demand

-     All operational costs to be managed by the organisation

-     All income to be received by the organisation

-     Specific reporting requirements outlined in the attached DRAFT agreement

 

DELWP have been consulted regarding the proposed management agreement and have confirmed support of this, noting that Council retains overarching control of the park.

 

Considering the thorough process undertaken to establish an improved outcome for the Caravan Park, it is recommended Council enter into a management agreement for up to three years with Wyche Alive Inc. for the management of the Wycheproof Caravan Park and authorise the Chief Executive Officer to finalise the agreement terms for a commencement on August 5, 2019.

3.       Financial Implications

Council has budgeted for both income and expenditure from the Caravan Park for the 2019/20 Financial Year.  There will be a reduction of wages and operational expenses upon entering an agreement, but income will also decrease as this would be taken and utilised to manage and improve the caravan park by the management organisation.  Council will still insure the main buildings, depreciate these assets, and will need to consider Capital Improvements as part of future budgets. 

4.       Cost Shift Considerations

There are no cost shift considerations in this report.

5.       Community Consultation

A consultation process was available for community groups to apply to manage the park.  No further consultation with the community has been undertaken due to the operational nature of the service.

6.       Internal Consultation

Senior Management and Councillors have been consulted at various stages through this process.

7.       Legislative / Policy Implications

There are a number of considerations as part of the future management of the caravan park, including compliance with the Crown Land (Reserves) Act 1978, the Local Government Act 1989, DELWP’s Best Practice Management Guidelines for Committees of Management Managing Caravan and Camping Parks on Crown Land 2012 and the Residential Tenancies Act 1997.

8.       Environmental Sustainability

There are no significant considerations of environmental sustainability as a part of this report.

9.       Conflict of Interest Considerations

No Officer involved in this process and/or report holds a conflict of interest.

10.     Conclusion

Based on the detailed process outlined within the report, it is recommended Council enter into a management agreement with Wyche Alive Inc. for the management of the Wycheproof Caravan Park.


 


 

 


Buloke Shire Council Ordinary Meeting Agenda                                     Wednesday, 10 July 2019

8.2.4    Circular Motion - Preliminary Submission to Buloke Shire Council Representation Review

Author’s Title:           Chief Executive Officer

Department:              Office of the CEO                                            File No: GO/07/07

Attachments:

1       VEC Review Submission  

Relevance to Council Plan 2017  - 2021

Strategic Objective:          Support our councillors, staff, volunteers and the community to make informed and transparent decisions.   

 

 

RECOMMENDATION

 

That Council notes the motion circulated and Council’s decision in relation to the preliminary submission to the Buloke Shire Council Representation Review.

                                                       

 

1.       Executive Summary

This report is presented to Council to consider the submission for the Buloke Shire Representation Review.

 

A Circular Motion was distributed to all Councillors, via email on 4 July 2019. All Councillors responded in approval to the motion.

2.       Discussion

The Victorian Electoral Commission (VEC) is conducting an electoral representation review of Buloke Shire Council. The review examines:

 

·   Whether the Council has the appropriate number of councillors;

·   Whether the Council should be unsubdivided, with councillors elected from the whole Council, or subdivided into wards; and

·   If subdivided, the number of wards, ward boundaries and the number of councillors per ward.

 

Representation reviews are a completed every twelve years and the last electoral representation review of Buloke Shire Council took place in 2007. The VEC’s final recommendation was for Buloke Shire Council to change from nine to seven councillors elected from three wards (two two-councillor wards and one three-councillor ward).

 

Council has developed the attached submission, which strongly advocates for retaining a ward structure and seven Councillors. Some of the factors that were considered in advocating for retaining the status quo include:

 

·   The Shire’s population of 6,201 is dispersed across ten discrete townships, with the largest township having 1,498 residents. Council spreads it’s Councillor Briefing meetings across each of these ten townships, and has four offices and five depots. 

 

·   Council’s Shire is nearly 200 kilometres in length from its southern boundary adjoining Loddon Shire Council to its northern boundary adjoining Mildura City Council. This results in councillors travelling extensive distances regularly.

 

·   The Buloke Shire Council is wedged between three regional clusters, that being the Wimmera Southern Mallee, Mallee and Loddon Campaspe regions. As a result, many of the smaller towns also have different regional cities of interest when residents travel for services no longer delivered with the Buloke Shire, such as specialised healthcare. The workload associated with representation and advocacy is heightened as a result.

·   Any proposal to further decrease the number of councillors would immediately increase the workload of councillors, and the likely outcome is to dissuade prospective councillors for running for the role.

·   The geographical spread of councillors across wards is important to ensure that all areas of the Shire are heard and represented

·   Council is concerned about any proposals for an unsubdivided structure, particularly given the higher density of population in the southern parts of the Shire.

The Circular Motion considered by Council is set out below:

 

That Council:

·   Adopts the attached submission as its preliminary submission to the Buloke Shire Council Representation Review;

 

·   Forwards a copy of the submission to the to the Victorian Electoral Commission; and

 

·   Receives a report at the 2019 July Ordinary Meeting regarding this Circular Motion and Council’s Decision.

Councillors unanimously approved the Circular Motion. The submission was received by the Victorian Electoral Commission in the required timeframes. 

 

A copy of the submission has been attached for this report. 

3.       Financial Implications

There are no financial implications in this report. 

4.       Cost Shift Considerations

There are no cost shift considerations in this report.

5.       Community Consultation

The community will be consulted by the VEC as part of the review process.

 

The Buloke Shire Council Meetings Procedure and Common Seal Local Law provides for Circulars Motions, and requires the Chief Executive Officer to ensure a report on the motion circulated and Council’s decision is contained in the agenda, and recorded in the minutes, to ensure members of the public are aware of Council decisions. 

6.       Internal Consultation

Councils Management Team and councillors have been consulted in the development of the submission.

7.       Legislative / Policy Implications

The process for a Circular Motion must be administered in accordance with Part 4, Section 71 of the Council’s Meetings Procedure and Common Seal Local Law 2019.

8.       Environmental Sustainability

There are no environmental sustainability considerations within this report

9.       Conflict of Interest Considerations

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

10.     Conclusion

It is recommended that Council adopt and submits the

 


Buloke Shire Council Ordinary Meeting Agenda                                           Wednesday, 10 July 2019

8.2.4                 Circular Motion - Preliminary Submission to Buloke Shire Council Representation Review

Attachment 1    VEC Review Submission

 

DRAFT - Buloke Shire Council

Preliminary Submission to the Buloke Shire Electoral Representation Review

 

 

 

The Buloke Shire Council acknowledges the 2019 Electoral Representation Review of the Buloke Shire and provides this submission to the Commission in preparation of the Preliminary Review.

General

Buloke Shire is the heart-land of grain production and handling in the Wimmera Southern Mallee region. It is the fifth largest municipality in the state, covering 8,004sq/km and unlike some of those councils with larger geographic areas, the Buloke Shire does not have any large areas of national or state parks and deserts. Rather the Shire is a majority productive farming land and therefore, the population is dispersed across the whole of the Shire.

The Shire’s population of 6,201 is dispersed across ten discrete townships, with the largest township having 1,498 residents. Council spreads it’s Councillor Briefing meetings across each of these ten townships, and has four offices and five depots. 

 

Council’s Shire is nearly 200 kilometres in length from its southern boundary adjoining Loddon Shire Council to its northern boundary adjoining Mildura City Council. This results in councillors travelling extensive distances regularly. In fact, Buloke Shire has a similar geographic footprint to the Yarriambiack Shire, and the elongated footprint of that municipality was documented as an important factor by the VEC when considering the recommendations in the 2015 Yarriambiack Shire Electoral Review.


 

Number of Councillors

In the representation review in 2007, the number of Buloke Shire councillors dropped from 9 to 7 and has remained at this level over the past twelve years. Whilst the workload of councillors increased after the 2007 review, it is Council’s view that having seven councillors is appropriate and justifiable and provides the greatest representation for the Buloke community.

Importantly, the Buloke Shire Council is wedged between three regional clusters, that being the Wimmera Southern Mallee, Mallee and Loddon Campaspe regions. As a result, many of the smaller towns also have different regional cities of interest when residents travel for services no longer delivered with the Buloke Shire, such as specialised healthcare. For instance, Sea Lake residents tend to drift to Swan Hill as the regional centre, Donald to Horsham and Charlton to Bendigo. This is particularly important when considering this representation review as the councillors are delegates to a vast number of regional bodies across each of the Wimmera Southern Mallee, Mallee and Loddon Campaspe regions. The workload associated with representation and advocacy is heightened as a result.

Any proposal to further decrease the number of councillors would immediately increase the workload of councillors, and the likely outcome is to dissuade prospective councillors for running for the role. The position of a councillor is not the only role that current or prospective candidates will have. Each will have a mix of professional and personal commitments to their own businesses or jobs and families. Some of the services to support working people (i.e. childcare, elder care) simply aren’t available within the Buloke Shire and to increase in the workload by reducing councillor numbers will significantly detract from promoting candidates to stand.

There has not been a large number of candidates stand for previous elections, with councillors being elected unopposed. There is a significant risk of fewer prospective councillors or no councillors standing if the workload required for the role increases.

Ward Structure

Whilst ward boundaries have been altered in previous representation reviews, since amalgamations, the Buloke Shire Council has operated with a three ward structure. Ward representation has proven successful in the past and has provided high quality representation to the Buloke community.

Wards have allowed for a distribution of workload between ward councillors particularly given the need for councillors to serve a large, relatively sparsely populated geographic area. The ward councillor can develop a comprehensive understanding of the ward across a range of council related issues and is able to participate in locally based community activities, town forums, celebrations, festivals and sporting events across townships.

The physical spread of councillors is important to ensure that all areas of the Shire are heard and represented. Under the current structure this has worked well and engagement with all communities in the Shire is quite effective. Further to this, residents, ratepayers and voters are clear as to the identity of the councillor and very rarely does the problem of residents making representations to multiple councillors occur. The ward structure enhances equitable responsibility for representation across the seven councillors.

The current ward system has served the Buloke Shire Council incredibly well and is supported by members of the community. Council holds concerns that an unsubdivided model could have an adverse impact on community cohesion and possible emergence of parochial interests, which is currently mitigated by Council’s multi-member, multi-ward structure. In addition, Council is concerned that an unsubdivided model could impact negatively on older residents and voters, with anecdotal evidence strong supporting the view that these residents rely heavily on face-to-face connection with Councillors.

The existing ward boundaries remain within the +/- 10% representative rule and the current groupings of towns within each ward effectively aligns communities of interest.

Council is concerned about any proposals for an unsubdivided structure, particularly given the higher density of population in the southern parts of the Shire. One of the high risks of an unsubdivided structure is that the northern parts of the Shire may not be represented, with a concentration of councillors that reside in the south of the Shire. Given the distance from south to north, this would be detrimental to the aim of effective representation across all Buloke communities.  

Preliminary Position

Council’s strong preference is to retain seven councillors across a three ward structure. The current structure has served Buloke residents and the Buloke Shire Council organisation well across the past twelve years.

 


Buloke Shire Council Ordinary Meeting Agenda                                     Wednesday, 10 July 2019

8.2.5    Council Plan 2017-2021 - Year 3 Annual Plan

Author’s Title:           Chief Executive Officer

Department:              Office of the CEO                                            File No: CD/09/11

Attachments:

1       Council Plan 2017-2021 - Year 3 Annual Plan

Relevance to Council Plan 2017  - 2021

Strategic Objective:          Support our councillors, staff, volunteers and the community to make informed and transparent decisions.    

 

 

RECOMMENDATION

 

That Council adopt the Council Plan 2017-2021 –Year 3 Annual Plan.

 

1.       Executive Summary

Following the adoption of the Buloke Council Plan 2017-2021, each year Annual Plans have been developed to note the strategic objectives of the Council Plan, and to demonstrate and document the tasks, measures and proposed completion dates in order to implement and deliver Council’s strategic objectives. 

 

This report is presented to Council to consider the key strategic actions to be undertaken in the forthcoming financial year.

2.       Discussion

 

The Year 1 and 2 Annual Plans have served as really important planning and tracking tools for Council to ensure the deliver against the Council Plan.

 

Staff and Councillors have worked together through workshops to consider the key priorities for the upcoming year, in line with the resources allocated through the annual budget.

 

The Year 3 Annual Plan highlights key priorities against the strategic priorities and objectives set in the 2017-21 Council Plan.

 

Some of the key actions/projects included in the attached Year 3 Annual Plan over the coming year include:

-     Involvement with five neighbouring Councils to create efficiencies through a shared corporate system. This project has been funded by the state government;

-     Partner with Northern District Health to provide localised mental health support services;

-     Progress the Buloke 2030 project, by supporting the development and implementation of action plans for 10 townships;

-     Review the Municipal Early Years Plan and Youth Strategy;

-     Travellers Rest upgrades at Wycheproof, Nullawil, Culgoa, Berriwillock and Nandaly;

-     Partner with the community to deliver on art projects at Sea Lake silo, Nullawil silo and Charlton street murals;

-     Deliver improvements to the main street of Birchip to upgrade safety and implement their streetscape masterplan priorities;

-     Redevelop ten year capital works plan;

-     Upgrade facilities at Green Lake;

-     Undertake a review of the Waste Strategy;

-     Development of Workforce Development Plan; and

-     Develop a new complaint handling policy and process.

3.       Financial Implications

The costs associated with the implementation of the Annual Plan are factored in to the 2019/2020 Budget.

4.       Cost Shift Considerations

There were no cost shift considerations applicable to this report. 

5.       Community Consultation

There was significant consultation undertaken in the development of the Council Plan 2017-2021, which is the basis of this document.

6.       Internal Consultation

The Year 3 Annual Plan was developed in consultation with Councillors and the broader Management Team.

7.       Legislative / Policy Implications

The Annual Plan demonstrates the deliverables of the adopted Council Plan 2017-2021 required by the Local Government Act 1989.

8.       Environmental Sustainability

The natural environment and its sustainability is a key objective of the Built and Natural environment theme.

9.       Conflict of Interest Considerations

There were no Conflict of Interest considerations applicable to this report. 

10.     Conclusion

That Council adopt the Council Plan 2017 – 2021 Year 3 Annual Plan.

 


Buloke Shire Council Ordinary Meeting Agenda                                                           Wednesday, 10 July 2019

8.2.5                 Council Plan 2017-2021 - Year 3 Annual Plan

Attachment 1    Council Plan 2017-2021 - Year 3 Annual Plan

 


 


 


 


 

 


Buloke Shire Council Ordinary Meeting Agenda                                     Wednesday, 10 July 2019

8.2.6    Buloke Shire Council 2017 - 2021 Year 2 Annual Plan Review

Author’s Title:           Chief Executive Officer

Department:              Office of the CEO                                            File No: CM/13/06

Attachments:

1       Year 2 Annual Plan report

Relevance to Council Plan 2017  - 2021

Strategic Objective:          Build a healthy and active community    

 

 

RECOMMENDATION

That Council note the progress made to deliver the strategic objectives noted in the adopted Year 2 Annual Plan for the Buloke Council Plan 2017-2021.

 

1.    Executive Summary

Council, at its Special Meeting 21 June 2017, adopted the Buloke Council Plan 2017-2021 and has subsequently developed and adopted a Year 1 and Year 2 Annual Plan for the implementation of the strategic objectives. Quarterly progress reports have been presented to Council throughout 2018/19.

2.    Discussion

The purpose of these Annual Plans is for Council to develop a series of actions, projects, programs and initiatives to achieve on the Council Plan 2017-2021.

Council has received progress reports against the Year 2 Annual Plan throughout the 2018/19 year, and attached is the final report on the Plan.

The final report (attached) highlights extremely strong year of delivering on the Plan, despite some of the challenges realised through key staff turnover in the past 15 months. Of the 27 actions in the plan that were due by June 2019, only 3 are not fully completed. Each of these three, being the Birchip streetscape, Rural Land Use Strategy and creating a working partnership with Department of Justice community workers are currently underway and remain key priorities.

There is also strong progress against the multi-year actions, such as construction of the Donald Community Precinct project, preparation for Local Government Bill and Charlton Park 2020 upgrades. 

3.    Financial Implications

The costs of the actions were included in the 2018/19 budget.

4.    Cost Shift Considerations

There are no cost shift considerations applicable to this report. 

5.    Community Consultation

The Annual Plan for Year 2 was adopted by Council at the June 2018 Ordinary Meeting, and has been published on the Council website.

 

The Year 2 Annual Plan and its quarterly progress reports, also adopted by Council, have been reported in the local circulating newspapers. 

 

The development of the Council Plan included extensive community consultation.

 

In the past twelve months, as per the planned actions, community consultation on a range of topics including economic development and tourism, community planning, community grants, rate revenue strategy and early years have taken place.

6.    Internal Consultation

Internal consultation has taken place with the Senior Leadership Team.

7.    Legislative / Policy Implications

In accordance with the Local Government Act 1989 Council must prepare and approve a Council Plan. 

 

The 2017-2021 Year 2 Annual Plan reviews the proposed tasks, measures and completion dates for the last financial year, in order to deliver the strategic objectives of the adopted Council Plan 2017-2021 required by the Local Government Act 1989.

8.    Environmental Sustainability

The natural environment and sustainability considerations are included in many of the proposed actions, and actions already undertaken.

9.    Conflict of Interest Considerations

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

10.  Conclusion

That Council note the progress made to deliver the strategic objectives noted in the adopted Year 2 Annual Plan for the Buloke Council Plan 2017-2021.

 

 

 

 


Buloke Shire Council Ordinary Meeting Agenda                                                                               Wednesday, 10 July 2019

8.2.6                 Buloke Shire Council 2017 - 2021 Year 2 Annual Plan Review

Attachment 1    Year 2 Annual Plan report

 

 


Buloke Shire Council Ordinary Meeting Agenda                                     Wednesday, 10 July 2019

8.2.7    Murray Basin Rail Project

Author’s Title:           Chief Executive Officer

Department:              Office of the CEO                                            File No: ED/02/04

Attachments:

1       RFA letter

Relevance to Council Plan 2017  - 2021

Strategic Objective:          Responding to and enhancing our built and natural environment    

 

 

RECOMMENDATION

 

That Council:

1.   Contribute $1,000 to the Rail Freight Alliance for the statewide campaign to advocate for:

 

-     The completion of the Murray Basin Rail Project to its original scope; and

-     The Victorian Rail network to remain in State control and ownership.

 

2.   Write to Minister for Transport, Jacinta Allan MP, Minister for Ports and Freight, Melissa Horne MP, Member for Mildura, Ali Cupper MP and Member for Ripon, Louise Staley MP to advocate for the full completion of the Murray Basin Rail Project.

 

1.       Executive Summary

This report is presented to Council to consider advocacy for the unfinished Murray Basin Rail Project (MBRP).

2.       Discussion

The $440million Murray Basin Rail Project has long been touted as a significant game-changer for grain growers in the north of state, by standardising and increasing the axle loading for lines across the Mildura, Sea Lake and Manangatang rail corridors.

 

The benefits of the project state that standardisation will allow the freight industry in the Murray Basin region to deliver exports to Victoria’s ports in a more efficient and cost-competitive way. An increased axle loading will allow higher volumes of product to be safely freighted across the network. This will allow trains to carry up to 500,000 more tonnes of grain each year.

 

The Murray Basin Rail Project addresses three key problems for the Murray Basin region:

·      Restricted access to Victoria's major ports, which can undermine the international competitiveness of bulk products;

·      Poor performance of the rail network, which can increase costs to business; and

·      ‍Growing road freight movements, which can reduce community amenity.

However, following the completion of stage one and two works (including the Mildura line), the State Government have announced that they no longer have any funds to complete stage three of the project, which includes standardisation and increased axle loading of the Sea Lake rail corridor. Without these works, the supply chain and delivery of product to port will be less efficient for growers along those lines. The full completion of this project is a priority within Council strategies, but also many of the regional growth and transport strategies that Council are a partner to.

 

 

3.       Financial Implications

The allocation of $1,000 will be funded from Council’s 2019/20 governance operational budget.

4.       Cost Shift Considerations

There are no cost shift considerations in this report.

5.       Community Consultation

The MBRP has been widely consulted, particularly in the line through Wycheproof, where the impact of the line running through the main street has been of concern.

6.       Internal Consultation

Staff within Council’s Senior Leadership Team have discussed the approach.

7.       Legislative / Policy Implications

The importance of rail infrastructure and advocacy of upgrades is part of the Council Plan and a range of regional transport and growth strategies that Council are a partner to.

8.       Environmental Sustainability

There are no environmental sustainability considerations in this report.

9.       Conflict of Interest Considerations

No staff involved in the preparation of this report have a conflict of interest.

10.     Conclusion

It is recommended that Council:

·         Contribute $1,000 to the Rail Freight Alliance for the statewide campaign to advocate for:

-     The completion of the Murray Basin Rail Project to its original scope; and

-     The Victorian Rail network to remain in State control and ownership.

 

·         Write to Minister for Transport, Jacinta Allan MP, Minister for Ports and Freight, Melissa Horne MP, Member for Mildura, Ali Cupper MP and Member for Ripon, Louise Staley MP to advocate for the full completion of the Murray Basin Rail Project.

 

 


Buloke Shire Council Ordinary Meeting Agenda                                                           Wednesday, 10 July 2019

8.2.7                 Murray Basin Rail Project

Attachment 1    RFA letter

 


 

 


Buloke Shire Council Ordinary Meeting Agenda                                     Wednesday, 10 July 2019

8.3       Financial Reports

8.3.1    Financial Performance as at 31 May 2019

Author’s Title:           Manager Finance

Department:              Corporate Services                                          File No: FM/19/03

Attachments:

1       Income Statement 31 May 2019

2       Balance Sheet 31 May 2019

3       Cashflow Statement 31 May 2019

4       Cashflow Graph 31 May 2019

5       Capital Works Program 31 May 2019

6       Capital Works Graph 31 May 2019

Relevance to Council Plan 2017  - 2021

Strategic Objective:          Deliver our service in a financially viable way    

 

11

RECOMMENDATION

 

That Council receives and notes the Financial Performance Report for the month ending 31 May 2019.

 

1.       Executive Summary

The Income Statement provides a summary of the total income and total expenditure relating to Council’s annual recurrent operations. It also specifically includes capital income but does not include capital works expenditure. The surplus/(deficit) is disclosed at item B on the Income Statement (Attachment 1). So as operating revenues can be compared to operating expenditures, an adjustment is made to exclude all capital income. The presentation of this income statement and resultant surplus/(deficit) is reported at item A.

 

The reported surplus as at 31st May 2019 is $3.414m. Excluding capital grants income of $7.768m, a deficit of $4.353m was recorded. The result is better than, but mostly in line, with budget (deficit $4.579m) due to compensating variances in funded income and lower than anticipated expenses. Please refer to the notes listed on the Income Statement for explanation of specific variances.

 

The Balance Sheet effectively shows a summary of the value of Assets (what we own) and our Liabilities (what we owe), both of which balance off against each other to show Net Assets or Equity (our net worth). Council’s net worth as at this accounting period increased to $209m.

 

The Cash Flow Statement has been updated to include the cash flow projections based on the Forecast Budget. The actual to budget comparisons for July to December has been consolidated. The corresponding cash flow chart maps actual cash alongside budgeted cash and restricted funds. At 31st May 2019, Council’s Cash and Cash Equivalents were $18.9m. Cash flow remains strong in readiness for the $7m loan repayment scheduled for November.

 

The Capital Works Program depicts $8.811m of capital works having been expended to the end of this accounting period. The Annual Budget for capital works is $14.454m to be funded by Capital Grants of $7.5m. However, delays in some projects result in a lower Annual Forecast of $12.709m reflecting these projects will be carried forward to FY19/20. Forecasted contributions have reduced to $1.2m (from $2.3m) but Council Cash of $4.6m remains unchanged.

2.       Financial Implications

The table below provides an overview of Council’s financial performance as at 31st May 2019

The following commentary is provided:

 

a.   Total income excluding capital grants and contributions

 

The negative variance of $213k results from delayed funding (2016 Floods) being partly offset by additional grants received during the year. Outstanding funding is expected before 30 June and the year end result should be higher than budget.

 

b.   Total expenses

 

Favourable budget variance ($438k) mostly due to flood restoration works below expected (see note 7).

 

c.   Capital Grant Income and Contributions

 

Capital grant income is below budget to 31 May ($1.482m) mostly due to delayed funding for Lake Tyrrell and Roads to Recovery.

 

d.   Capital Works Program Expenditure

 

Council has expended $8.811m on capital works YTD this period. Significant increase in capital expenditure expected for final months of the financial year with projects nearing payment milestones.

 

e.   Cash and Cash Equivalents

 

Council has cash of $18.904m of which $1.430m is restricted being committed to capital projects.

3.       Community Consultation

No consultation with the community was required for the production of this report.

4.       Internal Consultation

The reports have been prepared in consultation with the budget managers directly responsible for Council budgets.

5.       Legislative / Policy Implications

The report is consistent with the requirements of the Local Government Act 1989.

6.       Environmental Sustainability

This report has no direct impact on environmental sustainability.

7.       Conflict of Interest Considerations

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

8.       Conclusion

Surplus as at 31st May is mostly in line with YTD budget. Grant income for both operating and capital are behind where Council planned to be on a year to date basis. However, remaining monies are forecasted to come in before the end of the financial year.

 

Forecasting has been finalised in the reports provided and incorporated in Cash flow and Capital Expenditure charts to indicate 30 June positions.


Buloke Shire Council Ordinary Meeting Agenda                                                           Wednesday, 10 July 2019

8.3.1                 Financial Performance as at 31 May 2019

Attachment 1    Income Statement 31 May 2019

 


Buloke Shire Council Ordinary Meeting Agenda                                                           Wednesday, 10 July 2019

8.3.1                 Financial Performance as at 31 May 2019

Attachment 2    Balance Sheet 31 May 2019

 


Buloke Shire Council Ordinary Meeting Agenda                                                                               Wednesday, 10 July 2019

8.3.1                 Financial Performance as at 31 May 2019

Attachment 3    Cashflow Statement 31 May 2019

 


Buloke Shire Council Ordinary Meeting Agenda                                                                               Wednesday, 10 July 2019

8.3.1                 Financial Performance as at 31 May 2019

Attachment 4    Cashflow Graph 31 May 2019

 


Buloke Shire Council Ordinary Meeting Agenda                                                                               Wednesday, 10 July 2019

8.3.1                 Financial Performance as at 31 May 2019

Attachment 5    Capital Works Program 31 May 2019

 


Buloke Shire Council Ordinary Meeting Agenda                                                                               Wednesday, 10 July 2019

8.3.1                 Financial Performance as at 31 May 2019

Attachment 6    Capital Works Graph 31 May 2019

 

 


Buloke Shire Council Ordinary Meeting Agenda                                     Wednesday, 10 July 2019

8.4       Organisational Reports

8.4.1    Community Satisfaction Survey Results 2019

Author’s Title:           Manager Customer Engagement

Department:              Office of the CEO                                            File No: GS/02/01

Attachments:

1       Community Satisfaction Survey Results 2019

Relevance to Council Plan 2017  - 2021

Strategic Objective:          Deliver our service in a financially viable way    

 

 

RECOMMENDATION

 

That Council:

1.       Notes the results of the Local Government Community Satisfaction Survey for 2019;

2.       Considers future actions in response to the results; and

3.         Publishes the results of the survey to the community.

 

1.       Executive Summary

The Local Government Community Satisfaction Survey Report is attached for Council to note. The report is coordinated on behalf of all Victorian Councils by the Department Environment of Land, Water and Planning. 

2.       Discussion

The survey demonstrates an overall improvement for Buloke Shire Council of three points from the 2018 survey and continues the upward trend back to the peak result of 2012. Council is also bridging the gap for the state-wide average for Small Rural Councils.

 

Customer Service saw a minimal drop in rating (after a large increase in 2018), however this is an area Council is focusing on in both the short and longer term with the recent adoption of a Customer Service Strategy and Charter. The implementation of both will drive an all of organisation approach to customer service.

 

Pleasingly, the results for advocacy, community consultation, advocacy, making community decisions and sealed local roads have increased since 2017.

3.       Financial Implications

There are no financial implications to considerations in this report.

4.       Cost Shift Considerations

There are no cost shift considerations in this report.

5.       Community Consultation

A telephone survey was conducted by JWS Research, who contacted random residents, that were 18 years or above, residing in Buloke Shire. Council advertised the approaching survey in local papers and on social media.

6.       Internal Consultation

The Senior Leadership Group has been consulted in the preparation of this report.

7.       Legislative / Policy Implications

There are no legislative policy implications.

8.       Environmental Sustainability

There are no environmental sustainability considerations in this report.

9.       Conflict of Interest Considerations

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

10.     Conclusion

It is recommended that Council notes the results of the Local Government Community Satisfaction Survey for 2019 for future strategic planning of the organisation and to ensure it is being responsive to the evolving needs of the community.

 

 


Buloke Shire Council Ordinary Meeting Agenda                                                                               Wednesday, 10 July 2019

8.4.1                 Community Satisfaction Survey Results 2019

Attachment 1    Community Satisfaction Survey Results 2019

 

 


Buloke Shire Council Ordinary Meeting Agenda                                     Wednesday, 10 July 2019

8.4.2    Submission to 2019 Local Government Bill Reforms

Author’s Title:           Director Corporate Services

Department:              Corporate Services                                          File No: GO|10|01

Attachments:

1       Submission to 2019 Local Government Bill Reforms

Relevance to Council Plan 2017  - 2021

Strategic Objective:          Support our councillors, staff, volunteers and the community to make informed and transparent decisions.    

 

 

RECOMMENDATION

 

That Council:

1.       Adopts the attached submission as its submission to the 2019 Local Government Bill Reforms; and

 

2.       Forwards a copy of the submission to the Department of Environment, Land, Water and Planning.

 

1.       Executive Summary

The State Government recently announced its intention to introduce the Local Government Bill 2019 into parliament during later this year with six new proposed reforms.

 

The new Bill retains the reforms under the 2018 Bill which were designed to empower councils to improve service delivery.

 

The State Government has commenced its consultation with the sector on the new reforms.

2.       Discussion

The review of the Local Government Act commenced in September 2015.  A three phase consultation program was undertaken by the State Government to inform the preparation of a new legislative framework for Victorian local government, which ultimately concluded with consultation on a final exposure draft of the 2018 Local Government Bill.  Council made a submission to the State Government during each consultation phase. 

 

Following the conclusion of the consultation process, the 2018 Bill was passed by Legislative Assembly but lapsed in the Legislative Council when State parliament expired before the 2018 November State Elections.

 

The State Government announced in June 2019 its intention that a new Bill be presented to Parliament in 2019. The Government confirmed the new Bill will retain the substance of accountability and provision of services and include some additional reforms designed to further improve and strengthen the 2018 Bill.  Additionally, six new reforms have been proposed to be incorporated into the 2019 Bill as follows:

 

·    Reform 1: Simple Franchise:
It is proposed to make council electoral rolls more closely aligned with the State electoral roll. Voters whose only entitlement is as an owner or lessee of a property in the municipality will be required to lodge an enrolment form to vote in that municipality's election if they want to vote.

·    Reform 2: Electoral Structures
Representative structures and election processes are to be simplified and made consistent.

 

·    Reform 3: Training
Communities deserve the highest calibre councillors representing local community issues. It is proposed to introduce new requirements on candidates and councillors to improve competency, skills and transparency.

 

·    Reform 4: Donation Reform
A number of recent changes to the electoral campaign donations arrangements in Victorian Parliamentary elections will be extended to local government elections.

 

·    Reform 5: Improved Conduct
Councillor conduct is an ongoing challenge for the local government sector. It is proposed to introduce mandatory standards of conduct, a clear and consistent arbitration process and provide the arbiter powers to impose sanctions.

 

·    Reform 6: Community Accountability
It is proposed to make councillors more accountable through stronger sanctions for serious conduct violations and the introduction of a community initiated Commission of Inquiry.

 

The State Government has confirmed that, as the independent review into the local government rating system will provide its recommendations to government by 31 March 2020, previously proposed changes to the rates and charges provisions in the Local Government Act 1989 (the Act) will not be introduced in the new Bill. The provisions relating to rates and charges will continue to operate under the Act until the rating system review has been completed. The only exception to this will be that the new Bill will amend the Act to provide for Environmental Upgrade Agreements to be available to residential properties.

 

Council officers have prepared the attached submission to the proposed reforms Bill which outlines the proposals which it is recommended Council support and those which are a cause for concern.  This includes some matters previously raised in Council’s previous submissions to the State Government on the draft legislative framework. 

3.       Financial Implications

The Financial Implications under the 2019 Bill remain similar to those outlined in the 2018 March report considered by Council.

 

In enacted, the provisions of the Bill would be implemented in stages up until late 2021.  This change to the proposed implementation timetable will inevitably result in Council being required to consider budget implications associated with the development of any new key strategies and plans required under the 2019 Bill in the development of the 2020/21 Annual Council Budget.

4.       Cost Shift Considerations

There are some cost shift concerns identified during the review of proposed reforms, including the likely requirement for councils to fund any costs associated with community-initiated Committees of Inquiry and increased travel costs and other expenses resulting from the proposed changes to electoral structures.

5.       Community Consultation

Submissions have been invited from councils, peak bodies and other interested stakeholders until 17 July 2019. 

 

The proposed reforms may result in unintended and negative consequences in the effective representation of communities by Councillors. 

 

6.       Internal Consultation

Internal consultation has occurred with the executive leadership team and Councillors. 

7.       Legislative / Policy Implications

The Draft Bill outlines the proposed legislative framework under which local government in Victoria will operate.  The Draft Bill proposes to provide councils with greater agency in determining how to best meet the high level principles of transparency, community engagement, accountability and governance.

 

The Draft Bill is intended to rely on the development of regulations and Ministerial guidelines to outline any prescriptive requirements, rather than incorporating these into the new Act. 

8.       Environmental Sustainability

There are no environmental sustainability concerns in this report.

9.       Conflict of Interest Considerations

No officer involved in the preparation of this report, or in the development of the submission, has a conflict of interest.

10.     Conclusion

Council welcomes the opportunity to submit to the State Government on the proposed reforms, however remains concerned about the application of these reforms in a rural council setting, and questions the appropriateness of the limited timeframe and lack of detail provided by the State Government to consider and make a submission on the reforms. 

 


Buloke Shire Council Ordinary Meeting Agenda                                           Wednesday, 10 July 2019

8.4.2                 Submission to 2019 Local Government Bill Reforms

Attachment 1    Submission to 2019 Local Government Bill Reforms

 

Buloke Shire Council
Submission – Local Government Bill 2019 Reform Proposals

Introduction

Buloke Shire Council welcomes the opportunity to provide feedback on the reforms proposed to be introduced as part of the 2019 Local Government Bill. 

General Comments

Council is committed to working in partnership with the State government to support and introduce reforms increasing transparency, good governance and accountability which are necessary to ensure the strong, positive reputation of local government is rebuilt and maintained.   However, any partnership must be underpinned with mutual respect and understanding on both sides.  The hurried nature of the consultation process for the 2019 reform proposals, coupled with a significant lack of detail and the unexpected change to implementation timeframes does not reflect a balanced and collaborative relationship between State and Local government.   

It is very difficult to respond meaningfully to the State government on the proposed reforms having been provided with such limited information as to the proposed application of each matter.  The proposed reforms are conceptual in nature and are not supported with any further detail available in the form of an updated Local Government Bill or draft Regulations. 

Council notes the stronger, more contemporary community engagement and consultation principles and framework which will be introduced and applicable to the sector under the draft Local Government Bill.  It is disappointing State government appears to be unwilling or incapable of applying these principles to the consultation processes for their own proposed legislative reform. 

Council submits that the timeframe for implementation of the reform, by the end of 2021, poses significant concerns for its ability to develop and implement the new provisions under the Local Government Bill.  It is widely understood that small rural councils have considerably more limitations on their human and financial resources than metropolitan and urban fringe councils.  While Council has made strong improvements to its’ strategic framework within the previous twelve months, including development and adoption of a 10 year community plan, 10 year financial plan, and revenue and rating strategy, it is noted these strategic documents are not currently mandated under legislation.  Implementing further provisions under the Bill within a two year timetable will place significant strain on Council’s resources and will ultimately require diversion of financial resources from front line service delivery and asset maintenance to ensure this timeframe is met.

Council strongly urges the State government to reconsider the proposed timeframe for reforms and consultation, and to release additional detail supporting the proposed provisions as soon as possible in order that Council and the local government sector can work together to establish a strong legislative and regulatory framework which will ultimately benefit our communities.     

Council’s assessment and position on each of the proposed reforms is set out in further detail below.


 

Reform 1: Simplified Franchise

The reform proposes to align council electoral rolls more closely with the State electoral roll.  Voters whose only entitlement is as an owner or lessee of a property in the municipality will be required to lodge an enrolment form to vote in that municipality’s election if they want to vote.

Assessment and position:

Council supports the need to simplify management and maintenance of the electoral roll, however notes that the view that voter participation by non-residents is historically low is not Council’s experience.  Council notes that, based on data from the 2016 local government elections, approximately 1,000 or 17% of voters will be affected by this change. 

The ‘Local Government Bill – A reform proposal’ discussion paper does not clearly identify how an application to enrol will be treated once received, including what criteria will be considered when assessing the application and who will be ultimately responsible for determining the outcome. 

Given the likely impact on the voting population, Council is keen to ensure sufficient and timely information is provided to non-residents regarding the proposed change, including their right to enrol to vote within the municipality.

Reform 2: Electoral Structures

The reform proposes consistency across electoral structures and process through transitioning to single member wards, or an unsubdivided municipality model where single member wards are impracticable.

Assessment and position:                                                                            

Council does not support this proposal.

Council’s Shire is nearly 200 kilometres in length from its southern boundary adjoining Loddon Shire Council to its northern boundary adjoining Mildura City Council.  The Shire has an area of 8,004 square kilometres and an estimated population of 6,201.  The Buloke community is comprised solely of small, rural communities and does not have a large regional centre. 

 

Council submits that the current multi-member ward based electoral structure provides the opportunity for all residents to access and engage with their elected representatives.  Council considers this to be a more effective structure which enables local Councillors to know local issues and matters of interest within their communities. 

 

Council is concerned that moving to single member wards structures will ultimately disadvantage the Buloke community by removing the benefit of direct and local representation currently provided by the current structure.   Other implications of the proposed changes include:

 

·    Under-representation of older residents and voters, with anecdotal evidence strongly supporting the view that these residents rely heavily on face-to-face connection with Councillors

·    Impact on disparate communities and smaller population areas

·    Lack of public transport options to impacting connectivity of the municipality, noting the likelihood that single member wards will still be structured over a large geographical space

·    Direct and negative impact on Councillor workloads and the probability that this will impact the pool of candidates for Councillor roles into the future, including women candidates.  It is well-evidenced that women in particular face a number of barriers when considering Councillor roles

·    Increased possibility of successful claims made under the Workplace Injury Rehabilitation and Compensation Act 2013 for workplace stress as a result of increased workload pressures

 

Council notes the acknowledgement under the ‘Local Government Bill – A reform proposal’ discussion paper that an alternative electoral structure will be considered for small rural Shires within which a single member ward would be impractical.  However, Council submits that the concerns highlighted above will still be relevant in the event Buloke becomes an unsubdivided municipality.  Further areas of concern with the proposed alternative approach include:

 

·    The possible concentration of candidates to southern end of the shire impacting on representative decision making

·    The potential for reduced representation of the rural and northern areas, depending on the location of the Councillors

·    The adverse impact on community cohesion and possible emergence of parochial interests, which is currently mitigated by Council’s multi-member, multi-ward structure.

 

Council further submits that the current process of electoral representation reviews provides a formal opportunity for residents, ratepayers and Councillors to make submissions about the municipal structure and the effectiveness of current representation.  In previous electoral representation reviews, alternative structures (including unsubdivided wards) were considered but ultimately rejected as not providing fair and equitable representation across the municipality. 

Council’s view is that the electoral representation review process should be preserved within the foreshadowed Local Government Bill.

Reform 3: Training

The reform proposes a structured training and development program for Councillors and potential candidates to enhance skills, competency and transparency.

Assessment and position:

Council supports this proposal, and acknowledges the ‘Local Government Bill – A reform proposal’ discussion paper reinforces the need for Councillors to have a strong understanding of the role of a Councillor and sufficient skill to enable logical and informed decision making. 

Council actively seeks opportunities to provide general training and information to prospective candidates, including a specific information session for potential women candidates, in the lead up to local government elections.

Council also takes action to ensure a full and comprehensive induction program is provided to Councillors, and ongoing opportunities for Councillors to participate in professional development programs are available.

Council believes there is considerable merit in developing a structured induction and training program in consultation with the sector and representative organisations.  Council notes the discussion paper has stated the need to ensure any such program does not unnecessarily hinder active participation.

Reform 4: Donation Reform

The reform proposes to improve transparency and integrity of donation arrangements for local government electoral campaigns.  Measures proposed are consistent with requirements governing State electoral campaign donations.

Assessment and position:

Council is supportive of the proposed arrangements, including the introduction of a ‘gift disclosure threshold’, gift register and publicly transparent gift policy.

Council considers this proposal to be in line with the principles outlined within the previous 2018 Local Government Bill.

Reform 5: Improved Conduct

The reform proposes to apply consistent standards for conduct and behaviour of Councillors across the local government, with further steps to provide clarity around arbiter process and potential outcomes.

Assessment and position:

Council supports the proposal to apply consistent and defined standards and expectations in relation to Councillor conduct and behaviour.  Council further acknowledges the need to ensure clarity around, and uniform application of, resolution procedures intended to remedy any breach of the Code of Conduct by Councillors. 

Council is keen to ensure any standards introduced in relation to expected standards, behaviour and conduct are developed in consultation with the sector, and its representative organisations.

Reform 6: Community Accountability

The reform proposes the introduction of two new mechanisms to support the accountability principles enshrined within the 2018 Local Government Bill, namely:

·    Disqualification as a result of repeated serious misconduct, or

·    Establishment of community-initiated Commission of Inquiry

Assessment and position:

Council does not support this proposal as it relates to the proposal to enable communities to initiate a Commission of Inquiry.

Council supports the proposal to automatically disqualify a Councillor where two findings of serious misconduct have occurred within an eight year period.

Council understands the proposed provision relating to community-initiated Commissions of Inquiry will be subject to receipt of a petition by eligible voting residents exceeding 25% of the total enrolment number on the voters’ role at the most recent general election. 

In practical terms, and applying voter enrolments figures from the 2016 local government elections, a Commission of Inquiry may be established within Buloke Shire Council based on a petition of 1,512 people.  Having regard to proposal set out under Reform 1 ‘Simple Franchise’, which removes non-residential voters, this number could potentially be reduced to 1,248 eligible voting residents.

This is a cause for concern, particularly in light of the lack of detail provided in the reform proposal about the ability of the Minister to review and reject requests for Commissions of Inquiry where it can be demonstrated that Council and individual Councillors have acted in accord with the principles of transparency, good governance and accountability set out under the Local Government Bill.  Examples of potential issues include: fair and reasonable reimbursement claims made by Councillors or actions and decisions taken by Councillors delegated to represent Council on committees.  Are such matters potentially to be considered by a community-initiated Commission of Inquiry?  Until further detail is provided, Council remains concerned with the application of this proposed reform.  

Council also notes neither State nor Federal government are subject to such processes.  It is surprising and concerning to say the least that State government considers it appropriate local elected representatives should be subject to such inquiries under these arrangements.

      

     

 

 


Buloke Shire Council Ordinary Meeting Agenda                                     Wednesday, 10 July 2019

8.5       Reports from Councillors

                         Nil

 

 

 


Buloke Shire Council Ordinary Meeting Agenda                                     Wednesday, 10 July 2019

9.          OTHER BUSINESS

9.1       Notices of Motion

                         Nil

 

9.2       Questions from Councillors

                         Nil

 

9.3       Urgent Business

                         Nil

 

9.4       Any Other Business

                         Nil

 

9.5       Matters Which May Exclude The Public

                         Nil

 

 

10.       MEETING CLOSE