NOTICE OF MEETING · Sponsorship Request - Annual Christmas Lights Competition 13. CORRESPONDENCE...

NOTICE OF MEETING

1. ACKNOWLEDGEMENT OF COUNTRY

2. OPENING PRAYER

3. LEAVE OF ABSENCE/APOLOGIES

4. CONFLICT OF INTEREST DECLARATIONS

5. CONFIRMATION OF MINUTESaaaa

• Ordinary Meeting of 17 October 2017• Extraordinary Meeting of 14 November 2017

aaaa6. DEPUTATIONS

7. MAYORAL MINUTE

8. STANDING COMMITTEE REPORTS

9. NOTICES OF MOTION/NOTICES OF RESCISSION

10. GENERAL MANAGER'S REPORT & SUPPLEMENTARY MATTERS

11.1 DIRECTOR CORPORATE SERVICES REPORT & SUPPLEMENTARY MATTERS

11.2 DIRECTOR ENGINEERING REPORT & SUPPLEMENTARY MATTERS

11.3 DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT REPORT & SUPPLEMENTARY MATTERS

12. QUESTIONS ON NOTICE

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Agenda - Ordinary Meeting of Council - November 2017

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13. CORRESPONDENCE REPORT

14. SUNDRY DELEGATES REPORTS

15. BIRTHS AND CONDOLENCES

16. CONFIDENTIAL REPORTS

Section 10A (1) of the Local Government Act 1993 (the 'Act') provides as follows:

A council or a committee of the council of which all the members are councillors, may close to the public so much of its meeting as comprises:

(a) the discussion of any of the matters listed in subclause (2), or

(b) the receipt or discussion of any of the information so listed.

In accordance with the Act and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A (2) of the Act and should be dealt with in a part of the meeting closed to the public.

DIRECTOR ENGINEERING SERVICES CONFIDENTIAL REPORT

CLAUSE 1. Moama Waste Management Facility - Account Customer

This clause relates to (d)(iii), being commercial information of a confidential nature that would, if disclosed, reveal a trade secret.

DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT

CONFIDENTIAL REPORT

CLAUSE 1. Mathoura Retirement Village

This clause relates to (d)(ii), being commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the council.

On balance, the public interest in protecting confidential information outweighs the public interest in ensuring accountability through open meetings.

16.1 DIRECTOR ENGINEERING CONFIDENTIAL REPORT & SUPPLEMENTARY MATTERS

16.2 DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT CONFIDENTIAL REPORT & SUPPLEMENTARY MATTERS

17. NOTICE OF URGENT BUSINESS

18. CLOSE OF MEETING

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Agenda Items

5. CONFIRMATION OF MINUTES Extraordinary Meeting of 14 November 2017

Ordinary Meeting of 17 October 2017

9. NOTICES OF MOTION/NOTICES OF RESCISSION Notice of Motion

10. GENERAL MANAGER'S REPORT & SUPPLEMENTARY MATTERS CLAUSE 1. Council Shut Down - Christmas 2017/New Year 2018

CLAUSE 2. Draft Model Code of Conduct for Local Councils in NSW

CLAUSE 3. Murray River Council - Draft Councillor Expenses & Facilities Policy

CLAUSE 4. Recognition of Returned Service Men and Women

CLAUSE 5. Donation Request - Lions Club of Moama NSW Inc

CLAUSE 6. Local Government Professionals Regional Conference Albury

CLAUSE 7. Riverina & Murray Regional Organisation of Councils Annual General Meeting and Quarterly Meeting - November 2017

CLAUSE 8. Country Mayors' Association of NSW AGM & Ordinary Meeting - November 2017

11.1 DIRECTOR CORPORATE SERVICES REPORT & SUPPLEMENTARY MATTERS CLAUSE 1. Financial Statements & Investments - 31 October 2017

CLAUSE 2. Quarterly Budget Review - 30 September 2017

CLAUSE 3. Local Health Medical Trust

CLAUSE 4. Moulamein Retirement Village - Accounting Services

CLAUSE 5. Lease Renewal - Lots 127 and 129, DP 722053

11.2 DIRECTOR ENGINEERING REPORT & SUPPLEMENTARY MATTERS CLAUSE 1. Greater Wakool Ward - Christmas Decorations

CLAUSE 2. Flood Restoration Works - Tarragon Road, Mathoura

CLAUSE 3. Construction of Jones Street, Mathoura

CLAUSE 4. Murray River Council Liquid Trade Waste Regulation Policy

CLAUSE 5. Echuca Moama Torrumbarry Flood Study Project - Terms of Reference

CLAUSE 6. Development Application 281/17 - Proposed Road Name

11.3 DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT REPORT & SUPPLEMENTARY MATTERS CLAUSE 1. Developments Approved in October 2017

CLAUSE 2. Planning Consultant

CLAUSE 3. Withdrawal of Development & Other Applications - Refund of Fees

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CLAUSE 4. Development Application 055/17

CLAUSE 5. Sponsorship Request - Isaiah Firebrace Concert & Workshops

CLAUSE 6. Sponsorship Request - Annual Christmas Spectacular Event

CLAUSE 7. Sponsorship Request - Annual Christmas Lights Competition

13. CORRESPONDENCE REPORT Correspondence Report - Part B

14. SUNDRY DELEGATES REPORTS Councillor A Crowe

Councillor AM Mathers

Councillor GW Wise

Councillor NF Cohen

Councillor NH Gorey

Councillor T Aquino

Councillor TE Weyrich

Deputy Mayor, Councillor GS Campbell

Mayor, Councillor CR Bilkey

16.1 DIRECTOR ENGINEERING CONFIDENTIAL REPORT & SUPPLEMENTARY MATTERS CLAUSE 1. Moama Waste Management Facility - Account Customer

16.2 DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT CONFIDENTIAL REPORT & SUPPLEMENTARY MATTERS CLAUSE 1. Mathoura Retirement Village

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Ordinary Meeting of 17 October 2017

Meeting Date: 28/11/2017

Responsible Officer: MANAGER OFFICE OF THE GENERAL MANAGER - Kerri Keogh

RECOMMENDATION::

That the minutes of the Ordinary Meeting of Murray River Council held on 17 October 2017 be confirmed as a true and correct record.

BACKGROUND::

Murray River Council held its Ordinary Meeting of the Council on Tuesday 17 October 2017, commencing at 1:00pm at the Moulamein Community Sporting Complex, Endeavour Drive, Moulamein.

A copy of the draft minutes are attached for ratification by the Council at this meeting.

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Extraordinary Meeting of 14 November 2017



RECOMMENDATION::

That the minutes of the Extraordinary Meeting of Murray River Council held on 14 November 2017 be confirmed as a true and correct record.

BACKGROUND::

Murray River Council held an Extraordinary Meeting of the Council on Tuesday 14 November 2017, commencing at 4:10pm at the Riverside Reception Centre, 15 Murray Street, Barham.

As provided by the Local Government Act 1993, Section 10A(2), Subsection (g), the purpose of the Meeting was for the consideration of advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of professional privilege.

The meeting was closed to the public.

A copy of the draft minutes are attached for ratification by the Council at this meeting.

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Notice of Motion


Responsible Officer: ACTING GENERAL MANAGER - Des Bilske

RECOMMENDATION::

That Murray River Council write to the NSW Premier and the Minister for Local Government in the form of a show cause letter asking why this Council should not investigate the costs involved in de-amalgamating Murray River Council.

BACKGROUND::

Councillor TE Weyrich has submitted the following motion for consideration by the Council.

MOTION that Murray River Council write to the NSW Premier and the Minister for Local Government in the form of a show cause letter asking why this Council should not investigate the costs involved in de-amalgamating Murray River Council.

Discussion:

Councillor Weyrich is of the belief that the amalgamation of Wakool Shire Council and Murray Shire Council is detrimental to the communities that lie within this Council area, the tierney of distance is a major factor. To make decisions in places as far away as 250km is not a good way to manage this shire. He is also of the belief that Mathoura has suffered immensely as a result of amalgamations. Remember no forced amalgamations.

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CLAUSE 1. Council Shut Down - Christmas 2017/New Year 2018



RECOMMENDATION::

That the arrangements for Council's shut down over the Christmas 2017/New Year 2018 period, be endorsed by the Council.

BACKGROUND::

It was the general practice of both the former Murray Shire Council and former Wakool Shire Council to close its operations (offices and depots) over the Christmas/New Year period every year. The new Murray River Council adopted this practice for the Christmas 2016/New Year 2017 period, with appropriate arrangements undertaken to cater for Council's emergency and ongoing services during the period.

DISCUSSION::

In consultation with Council's Senior Staff, arrangements have been made for Murray River Council’s Offices and Depots in Barham, Mathoura, Moama and Moulamein to close for the Christmas 2017/New Year 2018 period on Friday 22 December 2017 at close of business and reopen on Tuesday 2 January 2018 at normal business hours.

Appropriate arrangements will be made to cater for Council’s emergency and ongoing services during this period.

STRATEGIC IMPLICATIONS::

Nil.

BUDGETARY IMPLICATIONS::

Staff leave entitlements over this period are factored into Council's budget.

POLICY IMPLICATIONS::

Nil.

LEGISLATIVE IMPLICATIONS::

aaaa• Local Government (State) Award 2014

aaaaRISK ANALYSIS::

Nil.

CONCLUSION::

Arrangements have been made for Murray River Council’s Offices and Depots in Barham, Mathoura, Moama and Moulamein to close for the Christmas 2017/New Year 2018 period on Friday 22 December 2017 (at a time to be advised) and reopen on Tuesday 2 January 2018 at normal business hours.

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CLAUSE 2. Draft Model Code of Conduct for Local Councils in NSW



RECOMMENDATION::

aaaa1. That Council consider the drafts of the Model Code of Conduct for Local Councils in NSW and

the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW.2. That the Council make comments for inclusion in a submission in response to the drafts of the

Model Code of Conduct for Local Councils in NSW and the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW to meet the close of submissions on 4 December 2017.

aaaaBACKGROUND::

As reported to the Council at the Ordinary Meeting of Council of 26 September 2017, the Phase 1 amendments made to the Local Government Act 1993 (the ‘Act’) last year will see the pecuniary interest provisions of the Act and the Local Government (General) Regulation 2005 (the ‘Regulation’) incorporated into the Model Code of Conduct for Local Councils in NSW (the ‘Model Code’).

Once commenced, these reforms will consolidate the prescription of all ethical standards for council officials into a single statutory instrument. They will also mean that breaches of pecuniary interest obligations by councillors are treated as misconduct under the Act and will be subject to the “three strikes” misconduct rules.

As part of the process of implementing the Phase 1 amendments, the Office of Local Government (OLG) has undertaken a review of the Model Code and the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (the 'Procedures'). In doing so, OLG has sought the views of councils and other stakeholders on the ethical standards prescribed under the Model Code, the operation of the Procedures and the current regime for disclosure of interests under section 449 of the Act.

Having considered submissions, OLG has prepared consultation drafts of the new Model Code and Procedures.

DISCUSSION::

OLG Council Circular 17-30 (23 October 2017) has advised that the OLG is seeking the views of councils and other stakeholders on the consultation drafts prior to finalising the new Model Code and Procedures.

The proposed amendments to the Model Code and Procedures are highlighted in bold type in the consultation drafts (attached). The amendments are designed to update, clarify and enhance prescribed ethical standards, to address issues identified in the four years the current versions of the Model Code and Procedures have been in force and to improve their operation. The new Model Code and Procedures will also contain new provisions that are designed to improve ethical standards, more effectively deter non-compliance and lead to improved transparency and accountability.

Submissions should be made before Monday 4 December 2017.

Once finalised, councils will be given a 6-month transitional period in which to adopt the new Model Code and Procedures and to update their systems to align with the new requirements.


Nil.


Nil.

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Council will need to update its adopted Murray River Council Code of Conduct (POL100) to make provision for the changes as per the new Model Code and Procedures.


aaaa• Local Government Act 1993• Local Government (General) Regulation 2005

aaaaRISK ANALYSIS::

Nil.

CONCLUSION::

The Phase 1 amendments made to the Act last year will see the pecuniary interest provisions of the Act and the Regulation incorporated into the Model Code of Conduct for Local Councils in NSW. The reforms will consolidate the prescription of all ethical standards for council officials into a single statutory instrument. The OLG is inviting submissions from councils and other stakeholders on the consultation drafts of the new Model Code of Conduct and Procedures.

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CLAUSE 3. Murray River Council - Draft Councillor Expenses & Facilities Policy



RECOMMENDATION::

aaaa1. That Council adopt the Draft Murray River Council Councillor Expenses and Facilities Policy

(POL103) and that same be placed on public exhibition for a period of 28 days to allow for public comment/submissions.

2. That all comments/submissions received to the Draft Murray River Council Councillor Expenses and Facilities Policy (POL) be considered, and subsequently adopted, at the next scheduled meeting of the Council following the close of the public exhibition period.

aaaaBACKGROUND::

Under Section 252 of the Local Government Act 1993 (the ‘Act’), within the first 12 months of each term of a council, the council must adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the mayor, the deputy mayor (if there is one) and the other councillors in relation to discharging the functions of civic office.

As reported to the Ordinary Meeting of the Council of 26 September 2017, the Murray River Council Councillor Expenses and Facilities Policy (the ‘Policy’) (POL103) was adopted at the Ordinary Meeting of Council held on Tuesday 8 August 2017. The Policy was prepared to be consistent with the Act and Local Government (General) Regulation 2005 (the ‘Regulation’) and the Office of Local Government’s Guidelines for the payment of expenses and provision of facilities to mayors and councillors in NSW.

The Policy sets out the maximum amounts Council will pay for specific expenses and facilities. Expenses not explicitly addressed in this Policy will not be paid or reimbursed.

Policy Objectives: The objectives of the Policy are to:

• Enable the reasonable and appropriate reimbursement of expenses incurred by councillors while undertaking their civic duties;

• Enable facilities of a reasonable and appropriate standard are to be provided to councillors to support them in undertaking their civic duties;

• Ensure accountability and transparency in reimbursement of expenses and provision of facilities to councillors;

• Ensure facilities and expenses provided to councillors meet community expectations;• Support a diversity of representation; and• Fulfil Council’s statutory responsibilities.

Principles: Council commits to the following principles:

1. Proper conduct: Councillors and staff acting lawfully and honestly, exercising care and diligence in carrying out their functions;

2. Reasonable expenses: Providing for councillors to be reimbursed for expenses reasonable incurred as part of their role as a councillor;

3. Participation and access: Enabling people from diverse backgrounds, underrepresented groups, those in carer roles and those with special needs to serve as a councillor;

4. Equity: There must be equitable access to expenses and facilities for all councillors;5. Appropriate use of resources: Providing clear direction on the appropriate use of council

resources in accordance with legal requirements and community expectations; and6. Accountability and transparency: Clearly stating and reporting on the expenses and facilities

provided to councillors.

Reporting:

• Council will report on the provision of expenses and facilities to councillors, as required in the Act and Regulations.

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• Detailed reports on the provision of expenses and facilities to councillors will be publicly tabled at a Council meeting every six (6) months and published in full on Council’s website. These reports will include expenditure summarised by an individual councillors and as a total for all councillors.

Auditing:

The operation of the Policy, including claims made under the Policy, will be included in Council’s audit program and an audit undertaken at least every two (2) years.

DISCUSSION::

Council is required to adopt a Councillor Expenses and Facilities Policy. The policy enables the reasonable and appropriate reimbursement of expenses and provision of facilities to councillors to help them undertake their civic duties. It ensures accountability and transparency, and seeks to align councillor expenses and facilities with community expectations. Councillors must not obtain private or political benefit from any expense or facility provided under the policy.

Council will recall that at the Ordinary Meeting of Council of 26 September 2017, it resolved as follows:

RESOLVED (Crs Weyrich/Mathers):

1. That the Council note the current Murray River Council Councillor Expenses and Facilities Policy, but reserve debate on the Policy until a later date.

2. That Councillors identify any areas in the Murray River Council Councillor Expenses and Facilities Policy for amendment, if required, to be considered as a draft Policy prior to formal adoption by the Council.

A copy of the Policy, in draft, is attached.


Nil.


The cost of Councillor expenses and facilities are factored into Council's budget.


aaaa• Murray River Council Councillor Expenses and Facilities Policy (POL103)

aaaaLEGISLATIVE IMPLICATIONS::

aaaa• Section 252 of the Local Government Act 1993• Local Government (General) Regulation 2005

aaaaRISK ANALYSIS::

aaaa• Suspected breaches of the Policy are to be reported to the General Manager.• Alleged breaches of the Policy shall be dealt with by following the processes outlined for

breaches of the Code of Conduct, as detailed in the Code and in the Procedures of the Administration of the Code.

aaaaCONCLUSION::

Council is required to adopt a Councillor Expenses and Facilities Policy. The policy enables the reasonable and appropriate reimbursement of expenses and provision of facilities to councillors to help them undertake their civic duties. It ensures accountability and transparency, and seeks to align councillor expenses and facilities with community expectations. Council’s adopted Policy sets out the maximum amounts Council will pay for specific expenses and facilities. Expenses not explicitly

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addressed in the Policy will not be paid or reimbursed.

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CLAUSE 4. Recognition of Returned Service Men and Women



RECOMMENDATION::

aaaa1. That Council note the proposal from Mr Neil Thomas for veteran registration plates and a scheme

to provide free parking to veterans across each municipality in Australia.2. That Council provide Mr Thomas with a letter of 'in-principle' support to allow further advocacy to

occur for this initiative.3. That a further report be presented to Council if and when the proposal gains Government

support. The report should provide a recommendation based on the feasibility, agreed operational guidelines, industry support and financial implications of such a scheme.

aaaaBACKGROUND::

Council has been approached by Mr Neil Thomas, through Councillor Gorey, with a proposal to recognise returned service men and women.

DISCUSSION::

Mr Thomas is campaigning for a national system of vehicle registration plates where returned service men and women can apply for a 'veteran' plate. Mr Thomas further seeks to have each municipality across Australia provide free parking for all cars with veteran registration plates.

Mr Thomas will be speaking with and writing to various State and Federal politicians in support of his campaign and seeks an in-principle agreement from Council to provide free parking to veterans should the proposed registration plates be implemented.

The concept is only in its infancy and will require broad industry and Government support before it can proceed to being considered for implementation.


Without any financial or operational details about the proposal, Council will be unable to provide anything greater than "in-principle' support for the concept, at this stage.


Without any financial details about the proposal, budget implications (if any) are yet to be investigated.


Nil.


Nil.

RISK ANALYSIS::

Could create a precedent for other groups within the community to lobby for free parking (or similar).

CONCLUSION::

Mr Thomas is campaigning for a national system of vehicle registration plates where returned service men and women can apply for a 'veteran' plate. Mr Thomas further seeks to have each municipality across Australia provide free parking for all cars with veteran registration plates. The concept is only in its infancy but has merit in its support and recognition of our Veterans. It must be noted that once broad

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industry and Government support is received, Council can reassess its commitment to the concept and decide whether it wishes to proceed or not.

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CLAUSE 5. Donation Request - Lions Club of Moama NSW Inc



RECOMMENDATION::

That Council offers a $500 donation to the Lions Club of Moama NSW Inc. to assist in holding Carols by Candlelight on Sunday 17 December 2017 at the Kerrabee Soundshell, Moama.

BACKGROUND::

The Lions Club of Moama NSW Inc are holding the 2017 Carols by Candlelight on Sunday 17 December at the Kerrabee Soundshell (the 'Soundshell') in Moama. This is the Club's major community event and an important one for local residents and tourists alike.

DISCUSSION::

Council has received a request (in the form of the applicable Donation Application Form) from the Lions Club of Moama NSW Inc to make a $500 donation towards this year’s Carols by Candlelight.

The Lions Club has held Carols by Candlelight at the Soundshell for many years with the assistance of members and volunteer performers. The hire of the Soundshell comes at no cost to the Club, due to it being a not-for-profit organisation, and Council ensures that the surrounds of the Soundshell are neatly presented on the night. The 2016 Carols were very successful with the biggest crowd to date.

Council has provided financial assistance to this event for the last three years. It should be noted that at the Ordinary Meeting of the former Murray Shire Council on 21 January 2014, Council resolved to support the Lions Club of Moama NSW Inc. to stage future Carols by Candlelight events in Moama.

If Council is able to assist in this donation, Council will be acknowledged in the Carols Program.


Nil.


There is an allocation in the Council's budget for donations to the community.


aaaa• Murray Shire Council Community Donations & Sponsorship Policy (POL122)


Nil.

RISK ANALYSIS::

Nil.

CONCLUSION::

The Lions Club of Moama NSW Inc are holding the 2017 Carols by Candlelight on Sunday 17 December at the Kerrabee Soundshell in Moama. Council has received a request from the Lions Club to make a $500 donation towards the event. The Lions Club has held Carols by Candlelight at the Soundshell for many years with the assistance of members and volunteer performers and Council has provided financial assistance to this event for the last three years.

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CLAUSE 6. Local Government Professionals Regional Conference Albury



RECOMMENDATION::

That Council note and receive the report from the Acting General Manager on the Local Government Professionals Regional Conference held at Albury on 18 and 19 October 2017.

BACKGROUND::

The NSW Local Government Professionals is an Association created for management and professional officers across all of the NSW Local Government sector to ensure they have representation on new and emerging matters in the industry and to help with ongoing professional development.

As part of the ongoing professional development the LG Professionals run regional conferences to give staff within the more remote areas of NSW the opportunity to attend and keep up to date with upcoming developments.

DISCUSSION::

The Local Government Professionals Regional Conference at Albury had a very full agenda which included the following items:

Data Driven Workforce Planning: A presentation on the Australian Local Government Performance Excellence Program which has been developed by Price Waterhouse Cooper (PWC) in conjunction with LG Pro NSW. While the name is slightly misleading as it does not indicate a path to performance excellence, the program does provide a tool for measurement of trends in many indicators and allows for comparison of this performance against other similar organisations.

Managing Generation Y: A general discussion on how other councils and organisations are managing the Generation Y people including the actions taken for attraction and retention strategies. This item then led to discussion on succession planning and how to make the industry attractive to people in the job market.

Visit to MAMA: The visit to the Murray Arts and Museum Albury was a good opportunity to see how a council has successfully leveraged from community and industry contributions towards an Arts Precinct and collection. The museum/gallery in Albury is excellent both in content and layout and is proving very successful in attracting exhibitions from other areas in Australia and overseas.

Strengthening the Local Government Sector: A presentation from the acting CEO of the Office of Local Government Mr Tim Hurst who discussed the actions in amending the Local Government Act and Regulations, the changes to the internal structure of the OLG to try to be more responsive and accessible to the councils and the action to introduce the Joint Organisation framework within local government.

Office of Environment and Heritage Sector Update: An update of matters for consideration as part of the Biodiversity Conservation Act and amendments to the Loc Land Services Act. It also discussed the Waste Less, Recycle More regional funding opportunities and initiatives aroun the NSW Container Deposit Scheme which is to be introduced from 1 December 2017.

Rethinking Employee Engagement: A presentation from Queanbeyan-Palerang Council on how they have focussed upon employee engagement following Fit for the Future actions. The highlight was that they are taking engagement as a continuous and holistic approach of their total business strategy aiming to have people who love where they work and consequently will treat customers better, be more innovative and will work on continuously improving the business.

Regional Development Framework: A presentation by Margaret O'Dwyer, Region Director Riverina-Murray of the Office of Regional Development within the Department of Premier and Cabinet. Margaret discussed how this framework could support growth within the sector and assist in attracting and

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retaining people in employment in the areas.

Legal Roundup: Stan Kondilios, Partner of Hall & Willcox gave an update of the outcomes of recent court proceedings and the possible implications for Councils.


The continuing development of the professional officers and managers is enhanced by attendance and participation in the Local Government Professionals regional, state and national conferences.


Attendance at professional development events is included within the total organisational training budget in the Annual Operational Plan 2017-2018


There are no direct policy implications of this report.


There are no direct legislative implications of this report.

RISK ANALYSIS::

There is a risk that professional staff and managers may not be educated and skilled enough to identify and manage emerging issues in local government if they do not attend forums similar to the LG Professionals regional conferences.

CONCLUSION::

Attendance at the Local Government Professionals Regional Conference at Albury from 18 to 19 October 2017 has helped highlight several areas for future consideration of Council.

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CLAUSE 7. Riverina & Murray Regional Organisation of Councils Annual General Meeting and Quarterly Meeting - November 2017



RECOMMENDATION::

aaaa1. That the Council note and receive the report of the Acting General Manager of attendance at the

Riverina and Murray Regional Organisation of Councils (RAMROC) Annual General Meeting and Quarterly Meeting on 8 November 2017.

2. That the Council determine the date for a workshop to deal with the matter of Joint Organisations and Council's preferences for structural and geographical arrangements.

aaaaBACKGROUND::

Murray River Council is an active member of the Riverina and Murray Regional Organisation of Councils (RAMROC) which includes all councils from Albury in the east to Leeton and Carrathool in the north and Wentworth in the west. RAMROC continues to address issues that are regional in nature and to advocate on behalf of the councils within the group on many state issues.

DISCUSSION::

The Annual General Meeting of RAMROC (minutes attached) had Cr Kevin Mack, Mayor of Albury City Council elected unopposed as Chair and Cr John Dalbroi of Griffith City Council as Deputy Chair. The General Manager of Murray River Council continues to hold the position of Honorary Secretary and Treasurer of the organisation. The financial position of RAMROC is relatively sound, therefore there was no increase in membership fees.

The general meeting (minutes attached) addressed a number of issues and the most relevant were those associated with an address from the Cross-Border Commissioner who spoke on what is happening in regard to many of the issues already on his list, but he also gave everyone a process for reporting other issues so these may also be investigated on magnitude and impact (presentation attached).

The issue of Joint Organisations (JO) was raised and this will be a subject of a special meeting of RAMROC, to be held in early December, as the agreed direction may need to be determined by February 2018.


Nil.


Attendance at RAMROC meetings are covered as a budget item in the Operational Plan 2017/18.


Nil.


Nil.

RISK ANALYSIS::

Not required for this report.

CONCLUSION::

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Council's continued involvement with RAMROC, as we approach the introduction of Joint Organisations, is imperative as the Council needs to ensure that the final structure and arrangements is going to suit the long term needs of Murray River Council and the immediate region.

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CLAUSE 8. Country Mayors' Association of NSW AGM & Ordinary Meeting - November 2017



RECOMMENDATION::

That the Council note and receive the report from the Acting General Manager on the Country Mayors' Association of NSW Annual General Meeting and Ordinary Meeting for November 2017.

BACKGROUND::

Murray River Council is a member of the Country Mayors' Association of NSW and attends the quarterly meetings to be included in consideration of pertinent items on matters impacting on rural and regional councils.

DISCUSSION::

Council has been an active member of the Country Mayors' Association and has continued to participate in the quarterly meetings. The November meeting was also an Annual General Meeting where the executive was elected with Mayor Katrina Humphries of Moree Plains Shire Council elected unopposed as the Chair of the Association for the coming 12 months.

The November Ordinary Meeting had a number of very good speakers including the Deputy Premier John Barilaro, Minister for Roads Melinda Pavey, Auditor General Margaret Crawford and the Commissioner for Emergency Services.

The meeting had an announcement on the introduction of the draft Bill on Joint Organisations, the release of Regional Freight and Port Strategies. It was also advised of the impending release of the Regional Transport Strategy.

The Auditor General advised how they would be reviewing the 'how' of processes of financial and governance recording in local councils rather than necessarily looking at what is recorded. The Auditor General is also to be funded by the Office of Local Government for the review of three special projects within local government each year. This will be general issues in the first instance but may extend to individual councils in the future.


There are no strategic implications of this report.


Attendance at the Country Mayors' Association Meetings is covered by the budget item for conferences in the Operational Plan 2017/18.


There are no Policy implications of this report.


There are no legislative implications of this report.

RISK ANALYSIS::

Not required for this report.

CONCLUSION::

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Attendance at the Country Mayors' Association Annual General Meeting and the Ordinary Meeting in November has provided Council with an early warning of the pending release of a number of regional strategy documents associated with local government, transport and freight.

Council will need to consider these reports in detail and provide comments relevant to the impacts on our region. The Auditor General has also provided information on what will be the targets of future audits of local councils.

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CLAUSE 1. Financial Statements & Investments - 31 October 2017


Responsible Officer: MANAGER FINANCE - Anwarul Abedin

RECOMMENDATION::

aaaa1. That the report detailing Council’s cashbook balance of $55,327,900.12 as at 31 October 2017 is

received by the Council.2. That the report detailing Council’s investment balance of $53,581,552.00 as at 31 October 2017

is received by the Council.aaaaBACKGROUND::

The purpose of this report is to update the Council on Council's Cash Position and Investment of the surplus funds, as required in the regulation No 264 (Part 19) of the Local Government Act 1993.

DISCUSSION::

Refer to the attached document.


Nil.


The current low interest rate may reduce the expected interest revenue for Council.


Investments have been made in accordance with the Murray River Council Investment Policy, as adopted by Council on 17 October 2017.


aaaa• Local Government Act 1993, Section 625• Local Government (General) Regulation 2005, Regulation 212

aaaaRISK ANALYSIS::

Under Council’s Investment Policy, investments are made with a range of banks, with Council’s fund invested with single institution has not gone above the maximum amount specified in the Policy.

CONCLUSION::

Murray River Council's liquidity is in a satisfactory position at this point in time.

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CLAUSE 2. Quarterly Budget Review - 30 September 2017


Responsible Officer: MANAGER FINANCE - Anwarul Abedin

RECOMMENDATION::

That the budget variations as detailed within the Quarterly Budget Review to 30 September 2017 and any subsequent changes made to the votes be included in Council’s estimates of income and expenditure for 2017/2018.

BACKGROUND::

Clause 203 of the Local Government (General) Regulation 2005 (the 'Regulation') requires a council’s responsible accounting officer to prepare and submit a Quarterly Budget Review (QBR) statement to the governing body of council.

The QBR statement must show, by reference to the estimated income and expenditure that is set out in the operational plan adopted by council for the relevant year, a revised estimate of income and expenditure for that year. It also requires the QBR statement to include a report by the responsible accounting officer as to whether or not they consider the statement indicates council to be in a satisfactory financial position (with regard to its original budget) and if not, to include recommendations for remedial action.

Legislative requirements, together with the implementation of a formal reporting mechanism, will ensure that councils have a robust and transparent budget reporting framework.

DISCUSSION::

Refer to the attached document.


Nil.


The majority of the additional expenditure identified will be funded through the merger transition fund and the rest will be funded through Council’s existing working capital.


Nil.


aaaa• Local Government (General) Regulation 2005, Clause 203

aaaaRISK ANALYSIS::

Nil.

CONCLUSION::

Murray River Council's budget is satisfactory at the end of the September 2017 quarter.

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025

CLAUSE 3. Local Health Medical Trust


Responsible Officer: DIRECTOR CORPORATE SERVICES - Lesley Palmer

RECOMMENDATION::

That Council decline the request to provide a $120,000 interest free loan to the Local Health Medical Trust (Barham) for the renovation and extension of a suite in the Mellool Arcade, Barham.

BACKGROUND::

Council received correspondence on 16 October 2017 from the Local Health Medical Trust (LHMT), a not-for-profit entity, who is the Trustee for the Barham and District Medical Centre, requesting an additional interest-free loan from Council. See letter attached. This loan, which would be the fourth loan made to LHMT, will provide additional support to set up a Dental Service in Barham.

LHMT purchased an additional suite in the Mellool Arcade in Barham with the finance received through Council's Stronger Communities Fund, Community Assistance Grant. LHMT is requesting provisional approval from Council for an additional loan of $120,000 to undertake works to the suite, which will then be leased to a dental business. An additional $40,000 will be contributed from other sources to make up the approximately $160,000 needed to complete all the work in the suite.

With rent from the medical clinic, fund raising and donations, LHMT has recorded cash surpluses of $54,000 (2017) and $132,000 (2016) providing funds to repay Council. Previous loans made to LHMT include:

• Medical Loan No. 1 06-06-11: $51,000• Medical Loan No. 2 27-01-14: $80,000

Repayment as at 30-06-15: ($41,000)

Balance: $90,000

• Medical Loan No. 3 04-08-15: $130,000

Repayment 2016 & 2017: ($ 44,000)

Consolidated loan balance: $176,000

Based on the current loan agreement with Council, LHMT pay a yearly instalment of $22,000 in May. On this schedule, LHMT will repay the remaining balance of $176,000 by 2025.

DISCUSSION::

Every year, Council is losing interest on the loan amount to LHMT, as this an interest-free loan and it is recognised as an expense in the Council's financial statement.

Under the former Wakool Shire Council Donations, Rates & Charges Assistance Policy, citing Section 356 of the Local Government Act 1993 (the 'Act'), identified which organisations, events and individuals the Council offered financial assistance to by way of gift, donation, exemption, scholarship and/or fees and charges. Financial assistance was defined as being cash, low interest or interest-free loans, goods or services including rates and charges, reductions or waivers. Applications were considered on merit, taking into account circumstances in each case, the availability of funds in Council's budget, the Policy and the Act.

The Murray River Council Donations, Rates & Charges Assistance Program adopted by Council on 15 November 2016 provides for:

• Donations to schools by name; annual events by name; Swimming Pools by name; Counselling Services by name; Scholarships by name; and Other Assistance to named events.

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026

• Rates and Charges Assistance to listed groups and entities.• Facilities and Services to listed addresses.

There is no provision for loans of any kind.

Section 356 of the Act provides information on financial assistance that can be provided by council.

356 Can a council financially assist others?

(1) A council may, in accordance with a resolution of the council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions.

(2) A proposed recipient who acts for private gain is not ineligible to be granted financial assistance but must not receive any benefit under this section until at least 28 days' public notice of the council's proposal to pass the necessary resolution has been given.

(3) However, public notice is not required if:

(a) the financial assistance is part of a specific program, and

(b) the program's details have been included in the council's draft operational plan for the year in which the financial assistance is proposed to be given, and

(c) the program's proposed budget for that year does not exceed 5 per cent of the council's proposed income from the ordinary rates levied for that year, and

(d) the program applies uniformly to all persons within the council's area or to a significant group of persons within the area.

(4) Public notice is also not required if the financial assistance is part of a program of graffiti removal work.

The proposal from LHMT is from a not-for-profit entity, however the money will be provided for the operation of a private gain business. However, it could be argued that it fails to satisfy item (d) uniformly applying to all persons in the council’s area or to a significant group of persons in the area.

There is no information on what, if any, amount of money is being contributed by the Deniliquin dental practice that is setting up service provision in Barham.

None of the documents above specify any limitation on the number of loans or total amount of money that can be provided to a single entity on an interest-free loan arrangement other than the annual budget does not exceed 5% of the council’s proposed income from ordinary rates levied in that year.

Interest that is forgone is a cost to Council and to the other communities in the area as funds not available for other activities.

Council has already provided funds to the dental program through the Stronger Communities funding that was used to purchase the additional suite in the Mellool Arcade.


A fourth interest-free loan to a single entity in Barham could be construed as too much investment to one entity to support profit making business operations. Council could receive requests for interest-free loans from other Council areas that it would be unable to service.


There is no budget allocation for $120,000 in order to provide this interest-free loan. Revenue would have to be identified either by using invested funds and foregoing more interest or by reducing a budget line to re-allocate existing budget funds to the new loan.


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027

It is noted as timely to develop a Murray River Council Community Grants Policy to allow for organisations that are not listed in the current Donations, Rates & Charges Policy to be able to place requests to Council for project support following an advertisement process, with limits set on the number of years an organisation can receive funding, reporting on delivery of the project and acquittal of the funds within a specified time period. The policy could include funding provided to S355 Committees of the Council to ensure allocated funds are used for community benefit in a timely and accountable manner.


aaaa• Local Government Act 1993, Section 356

aaaaRISK ANALYSIS::

There is a risk that the work to renovate and extend the suite for the dental clinic will not be able to be completed without Council funds.

There is a risk that if Council approves a fourth interest free loan to LHMT that other community organisations will seek similar arrangements, of which Council will be unable to service.

There is a reputational risk that Council is by a third party supporting an organisation operating a business for gain in a manner that circumvents the Local Government Act 1993 s356.

CONCLUSION::

That the basis for making interest-free loans undertaken by the former Wakool Shire Council no longer forms part of the Murray River Council Donations, Rates & Charges Assistance Program Policy and a substantial amount of money has already been provided to the LHMT for the development of medical and dental services in Barham.

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028

CLAUSE 4. Moulamein Retirement Village - Accounting Services



RECOMMENDATION::

That Council agrees to cease provision of accounting services to the Moulamein Retirement Village within 3 months of the date of written notification of the decision, including handover to an accountant or accounting firm.

BACKGROUND::

Council provides full accounting services to the Moulamein Retirement Village (MRV) under a legacy arrangement from the former Wakool Shire Council.

The MRV pays Council $5,000 per year to provide this service, which includes accounts payable, accounts receivable, payroll services for staff (~33 individuals), progress reports and provision of documents to the MRV auditors, and Annual Statements and audit services. These services are provided by portions of time from at least five staff in Council's Finance Department. Overtime was incurred in completing the 2016/17 Annual Statements for the MRV.

For the 2016/17 end of year accounting, work needed to be undertaken to complete Council's end of year accounts was impacted by the commitment to deliver the MRV end of year accounts.

DISCUSSION::

The amount of time and effort provided by Council to the MRV over a number of years far exceeds the remuneration paid to Council for the accounting services it provides to the organisation.

Council does not provide accounting services to any other community organisation in the Council area.

Council does provide accounting work for the Riverina and Murray Regional Organisation of Councils (RAMROC), however the amount of money paid for this work covers salary payments equivalent to more than 0.5 FTE.

With sufficient notice, the MRV should secure the services of an accountant or accounting firm to manage their accounts and payroll work in the future.


Nil.


Substantial saving in staff time.


Nil.


Nil.

RISK ANALYSIS::

Nil risk identified to Council.

Reduction in risk to staff through working excessive hours at end of financial year to complete accounting requirements of the MRV.

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029

CONCLUSION::

The Moulamein Retirement Village should be given notice that Murray River Council can no longer provide accounting services to the organisation and they should seek an accountant or accounting firm to take over this work from Council, including hand over within a 3 month period.

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030

CLAUSE 5. Lease Renewal - Lots 127 and 129, DP 722053



RECOMMENDATION::

That the Council approve a lease renewal to the tenant, as named in the report, for the Council-owned property of Lots 127 and 129, DP 722053, Corner of Paterson and Tallow Streets, Moulamein, from 1 December 2017 to 31 May 2018 for stock grazing only.

BACKGROUND::

The tenant of the Council-owned property of Lots 127 and 129, DP 722053 on the corner of Paterson and Tallow Streets in Moulamein, Alesha Buckley, has a six (6) month lease with Council that is due for renewal at the end of November for the period 1 December 2017 to 31 May 2018.

The lease fee is $20 per week for the purpose of grazing stock only, with the tenant required to maintain fences and stocking rates, as listed by the Department of Primary Industries. A charge for filtered water for stock drinking water is also included in the lease.

DISCUSSION::

A short-term lease extension for Council-owned vacant land in Moulamein.


Nil.


Nil, existing revenue.


Nil.


Nil.

RISK ANALYSIS::

Fencing, water and stocking rates are all covered by the lease agreement. The tenant is required to maintain specified insurance, with Council listed as an interested party.

CONCLUSION::

The renewal of the lease for the Council-owned property at Lots 127 and 129, DP 722053, Corner of Paterson and Tallow Streets, Moulamein, from 1 December 2017 to 31 May 2018 is supported.

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031

CLAUSE 1. Greater Wakool Ward - Christmas Decorations


Responsible Officer: DIRECTOR ENGINEERING - Johan Louw

RECOMMENDATION::

That Council approves an additional $9,000 to install Christmas decorations on 54 power poles owned by Essential Energy located in the Greater Wakool Ward, being at Barham, Moulamein, Tooleybuc, Wakool, Murray Downs and Goodnight.

BACKGROUND::

The former Wakool Shire Council approved $5,000 annually to install Christmas decorations on 54 power poles owned by Essential Energy at Barham, Moulamein, Tooleybuc, Wakool, Murray Downs and Goodnight.

DISCUSSION::

In July 2014, Essential Energy released an Operational Procedure – Essential Energy Equipment: Painting or Installation of Private Attachments (28 July 2014). The Operational Procedure specifies the requirements and conditions for approval to install private attachments on Essential Energy poles and street lighting columns.

In accordance with the Operational Procedure:

1. a Level 3 Accredited Service Provider design of the proposed attachments is required for Essential Energy approval; and

2. only an appropriate Accredited Service Provider can carry out installation of private attachments.

In the past, the former Wakool Shire Council appointed a contractor that is not an Accredited Service Provider to install the Christmas decorations. However, Essential Energy advised following approval in 2016 that the Council will now be required to adhere to the requirements of the Operational Procedure.

Council has appointed an appropriate Accredited Service Provider to undertake the Level 3 design of the proposed Christmas decorations.


Nil.


An amount of $5,000 is allocated in the 2017/18 budget for the installation of Christmas decorations on 54 Essential Energy owned poles located in the Greater Wakool Ward, being at Barham, Moulamein, Tooleybuc, Wakool, Murray Downs and Goodnight.

The cost to install the Christmas decorations has increased significantly as a result of the imposed Essential Energy requirements, ie:

• Level 3 Accredited Service Provider design - $3,168• Pole information from Essential Energy - $1,000*• Installation of Christmas decoration by an Accredited Service Provider - $9,600• TOTAL - $13,768

*Essential Energy advised that they are unable to provide a firm cost estimate.


Nil.

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032


Nil.

RISK ANALYSIS::

The display of Christmas decorations at Barham, Moulamein, Tooleybuc, Wakool, Murray Downs and Goodnight have been part of the Christmas experience for local residents and visitors for many years. The reputational risk for Council will be significant, should it decide not to proceed with the installation of Christmas decorations within the Greater Wakool Ward.

CONCLUSION::

As a result of Essential Energy’s requirements for a Level 3 Accredited Service Provider design of the proposed Christmas decorations attachments and installation by an appropriate Accredited Service Provider, the cost to display Christmas decorations in the Greater Wakool Ward has increased from $5,000 to approximately $14,000. The display of Christmas decorations at Barham, Moulamein, Tooleybuc, Wakool, Murray Downs and Goodnight have been part of the Christmas experience for local residents and visitors for may years, hence, it is recommended that Council approves a further $9,000 to allow for the installation of Christmas decorations at Barham, Moulamein, Tooleybuc, Wakool, Murray Downs and Goodnight.

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033

CLAUSE 2. Flood Restoration Works - Tarragon Road, Mathoura


Responsible Officer:

RECOMMENDATION::

That the Council approves of the reallocation of $13,600 saved from the construction of Tataila Road, Moama (0.6km to 1.20km) to complete construction of the flood restoration works of Tarragon Road, Mathoura.

BACKGROUND::

Tarragon Road, Mathoura, is an 8.0m wide sealed road leading to a number of private properties and the Tarragon Lodge Caravan Park. A section (50m) of Tarragon Road had to be lowered during the floods of October 2016 due to a breach on the bank of the Murray River. The road was temporary restored by means of a single lane using rock spalls and finer material on top to let water still flow across. The road carries about 560 vehicles per day during the December holiday period. See map attached.

DISCUSSION::

The work on Tarragon Road can be completed before the December holiday season using hired plant and equipment. The cost of wages and Council’s own plant can be funded from savings on the construction of Tataila Road, Moama (0.6km to 1.20km).

The proposed work is for a bitumen causeway and will include the removal of the temporary access road, excavation to design level, preparation of Sub-grade, carting in Sub-Base and Base material, stabilize and seal. Other options considered include the installation of culverts, but it will be too costly compared to the construction of a causeway.


Council's Operational Plan 2017/18 - Strategic Theme 1: Built/Physical Environment, which is planned, connected, safe and supports our industries, businesses and community.

• Strategy: Maintenance and construction of urban street and rural road network.• Activity: Provide a road network appropriate to community needs.

aaaaBUDGETARY IMPLICATIONS::

The estimated cost to complete the remaining flood restoration works of Tarragon Road, Mathoura, is $43,000. Council received $29,400 under the Natural Disaster Relief and Disaster Arrangements. The project can be completed by using savings from the construction of Tataila Road, Moama (0.6km to 1.20km).


Nil.


The Natural Disaster Relief and Recovery Arrangements Determination 2012 applies to eligible disasters that occurred on or after 29 October 2015 and up to and or on 30 June 2017. Under the Natural Disaster Relief and Recovery Arrangements, flood restoration works undertaken by Council are required to be put out to tender. However, Council can claim for hired plant and material, including bitumen seal work by contractors.

RISK ANALYSIS::

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034

The temporary road is in good condition and is maintained regularly. Further signage will be installed to ensure safe driving conditions. There is a clear sight distance from both ends and enough room for cars to wait either side. The speed limit is restricted to 60km/h and more guide posts will be installed to guide cars through the single lane section.

CONCLUSION::

Should the Council support the reallocation of funding, the project to complete construction of the flood restoration works on Tarragon Road, Mathoura, can be completed before the December holiday period.

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035

CLAUSE 3. Construction of Jones Street, Mathoura


Responsible Officer: MANAGER ENGINEERING OPERATIONS - Frederik Groenewald

RECOMMENDATION::

aaaa1. That the Council approves of the reallocation of $32,500 in the 2017/18 budget for the

construction of Gray Street to construct Jones Street from Conargo Street to Burnes Street, Mathoura.

2. That Council defers the construction of Gray Street, Mathoura, for consideration in a future budget of Council.

aaaaBACKGROUND::

Jones Street (West) from Conargo Street to Burnes Street (250m), Mathoura, is currently an unsealed road. The last traffic count was undertaken in 2013 which showed that the road carried 90 vehicles per day, of which 16 were heavy vehicles. Maintenance on the road is undertaken regularly due to the volume of vehicles. Council has received several complaints regarding the road’s unsealed condition.

Gray Street, Mathoura, is currently an unformed road with less than 10 vehicles using this road daily. All residents adjacent to Gray Street have access to a sealed road.

See map attached.

DISCUSSION::

An amount of $32,500 is allocated in the 2017/18 budget for the construction of Gray Street, Mathoura (270m). The construction of Jones Street (West), Mathoura, has a higher priority than Gray Street due to the current traffic volumes on the road. The estimated costs to construct Jones Street, from Conargo Street to Burnes Street, is similar to the amount budgeted for the construction of Gray Street.


Council's Operational Plan 2017/18 - Strategic Theme 1: Built/Physical Environment, which is planned, connected, safe and supports our industries, businesses and community.



The construction costs of Jones Street, Mathoura, will be similar to the proposed construction cost of Gray Street, Mathoura, hence there will be no additional funding required.


Nil.


Nil.

RISK ANALYSIS::

Jones Street, Mathoura, is used by more than 90 vehicles per day while Gray Street, Mathoura, is used by less than 10 vehicles per day. The probability of an accident happening is much higher on Jones Street than on Gray Street.

CONCLUSION::

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036

Should the Council support the construction of Jones Street (West), Mathoura, the work will be completed before the December holiday period.

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037

CLAUSE 4. Murray River Council Liquid Trade Waste Regulation Policy


Responsible Officer: MANAGER ENGINEERING SERVICES - Malcolm France

RECOMMENDATION::

That Council adopts the Murray River Council Liquid Trade Waste Regulation Policy.

BACKGROUND::

Sewerage systems are designed to safely collect, transfer and treat wastewater, which is mostly of domestic origin. However, these systems may also be capable of accepting liquid trade waste provided that the discharges are planned, known and controlled within acceptable limits. All liquid wastes discharged to the sewerage system, other than domestic sewage, are classified as trade waste.

Sound regulation of sewerage and liquid trade waste is a key component of the NSW Government’s Best-Practice Management of Water Supply and Sewerage Guidelines (the 'Guidelines'). All NSW Local Water Utilities (LWU) are expected to comply with the requirements of the Guidelines.

DISCUSSION::

The proposed Murray River Council Liquid Trade Waste Regulation Policy (the 'Policy') replaces the existing former Murray Shire Council Liquid Trade Waste Policy and sets out how Council will regulate sewerage and trade waste discharges to its sewerage system in accordance with the NSW Framework for Regulation of Sewerage and Trade Waste.

The Policy is concerned with the approval, monitoring and enforcement process for liquid trade wastes discharged to Council’s sewerage system and the levying of commercial sewerage and liquid trade waste fees and charges. It has been developed to ensure the proper control of liquid trade waste and hence protection of public health, worker safety, the environment, and Council’s sewerage system. The Policy also promotes waste minimisation, water conservation, water recycling and biosolids reuse.

In accordance with section 3.9.3 of the Liquid Trade Waste Regulation Guidelines 2009, Council should provide its final Policy to DPI Water for consent after publicly exhibiting the Policy for 28 days.

The proposed Policy was placed on public exhibition in Council's offices in Moama, Mathoura, Barham and Moulamein over the July-August 2017 period. There were no issues raised during the public submission. The proposed Policy has been approved by the regulating body, DPI Water.


Draft Murray River Council Community Strategic Plan 2017-2027 - Strategic Theme 7: Effectively manage water and waste water

• 7.2 Provide, manage and maintain effective and appropriate sewerage treatment services.aaaaBUDGETARY IMPLICATIONS::

Nil.


The Policy satisfies best practice management in accordance with the NSW Framework for Regulation of Sewerage and Trade Waste.


Requirements under the Local Government Act 1993 and the Local Government (General) Regulation 2005 are a key focus of the Liquid Trade Waste Regulation Guidelines 2009.

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038

In accordance with section 3.9.3 of the Liquid Trade Waste Regulation Guidelines 2009, Council should provide its final liquid trade waste policy to DPI Water for consent after publicly exhibiting the policy for 28 days. The proposed Murray River Council Liquid Trade Waste Regulation Policy was on public exhibition at Council's offices in Moama, Mathoura, Barham and Moulamein over the July-August 2017 period and has been approved by the regulating body, DPI Water.

RISK ANALYSIS::

By not adopting this Policy, Council will compromise sound regulation of sewerage and trade waste discharges to its sewerage system.

CONCLUSION::

This Policy sets out how Council will regulate sewerage and trade waste discharges to its sewerage system in accordance with the New South Wales Framework for Regulation of the Sewerage and Trade Waste.

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039

CLAUSE 5. Echuca Moama Torrumbarry Flood Study Project - Terms of Reference


Responsible Officer: MANAGER DESIGN, CAPITAL WORKS & PROJECTS - Onisimo Mukodi

RECOMMENDATION::

That the Council approves that Murray River Council join the Echuca Moama Torrumbarry Flood Study (EMTFS) Project on the terms set out in detail in the Terms of Reference, as attached to this Report.

BACKGROUND::

At the time of drafting of its application for financial assistance for the Moama Flood Study (FS) and Floodplain Risk Management Study and Plan (FRMS&P) under the 2017/18 Flood Management Program, Council became aware that the Shir of Campaspe (Victoria) had received funding from the Victorian Department of Environment, Land, Water and Planning (DELWP) to conduct a flood study to update flood information for the town of Echuca.

Engagement between officers of the two councils resulted in the idea of delivering a joint cross-border flood study. The concept was well received by NSW Office of Environment and Heritage (NSW OEH), DELWP, North Central Catchment Management Authority, Victoria (NCCMA) and resulted in the proposed Echuca Moama Torrumbarry Flood Study (EMTFS).

DISCUSSION::

A Flood Study (FS) and Floodplain Risk Management Study and Plan (FRMS&P) for the town of Moama was last undertaken by the form Murray Shire Council in 2001. The hydrology used for the modelling in the study is no longer current. There has been a number of developments on the floodplain which have changed the floodplain behaviour, including the town levee built around central areas of Moama. An updated flood study is required to support floodplain planning and management of developments around Moama.

Council submitted an application through NSW OEH for financial assistance under the 2017/18 Flood Management Program. It submitted in its application, a proposal to deliver the FS in collaboration with the Shire of Campaspe, which had already secured funding for its own FS from DELWP. The Shire of Campaspe issued a letter of support for Council’s application for financial assistance. The proposal for joint delivery of the FS was endorsed by NSW OEH. Council is still waiting for the Minister’s announcement of the outcome of 2017/18 Flood Management Program grants. The announcement is due at any time. Meanwhile, the Shire of Campaspe has continued to engage with Council regarding the initiative to deliver a joint cross-border FS.

A meeting was held in Echuca attended by Shire of Campaspe, DELWP, NCCMA, Gannawarra Shire Council, NSW OEH and Council to explore catchment-wide opportunities for collaboration including the following studies for Torrumbarry and Swan Hill which have already received funding in Victoria:

• In the Torrumbarry area, to assess the value and effects of the Torrumbarry rural levees and environmental levees in the Guttram-Benwell Forest on flooding of Cohuna and nearby settlements by efflux flows from the Murray River; and

• Further downstream toward Swan Hill involving the areas within the North Central Catchment Management Authority (NCCMA), Gannawarra Shire and Swan Hill Rural City’s jurisdictions.

The consensus at the meeting was that the best approach would be a single joint study covering the Murray River between Barmah and downstream of Torrumbarry, referred to in this report as EMTFS. It would be jointly funded by Shire of Campaspe, DELWP, NCCMA and Council through the NSW Department of Environment and Heritage (NSWDEH), subject to the success of its grant funding application. The study will be project managed by the Shire of Campaspe. It was agreed the more remote Swan Hill study proceed separately.


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040

Operational Plan 2017/18 - Strategic Theme: Emergency Management, Flood Mitigation

• Activity: Develop and maintain a prompt and efficient service to meet the needs of persons affected, or threatened by, disaster in the Murray River Council area.

• Activity: Maintain an active and influential role in flood and river quality management within the Murray River Council area.


There is no funding allocation for the FS and FRMS&P for the town of Moama in Council's 2017/18 Operational Plan and Budget. Council’s contribution to the EMTFS is subject to the success of its application for financial assistance under the 2017/18 Flood Management Program. In the event that the application is unsuccessful, the Shire of Campaspe has advised that sufficient funds are available to conduct the modelling along this section of river and to the higher level of accuracy on the Victorian side. The second stage, ie. the FRMS&P for the NSW side may have to be deferred, should Council be unsuccessful in its funding application.


Nil.


Nil.

RISK ANALYSIS::

Should Council not join the EMTFS, it will miss the financial opportunity which comes with the EMTFS and would spend more money by going alone at another time. Should this opportunity be missed, Council would continue to rely on the 2001 FS and FRMS&P, which is no longer current, for floodplain management planning and planning of developments for the town of Moama.

CONCLUSION::

The EMTFS presents a golden win-win opportunity for collaboration between Council, Shire of Campaspe, DELWP, NCCMA and NSWDEH. This opportunity has been well received by all parties. Council stands to benefit from the regional approach. The collaboration will foster the partnership between the Shire of Campaspe and Murray River Council for the benefit of the Echuca Moama community and encourage active participation of its community members in flood management and planning.

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041

CLAUSE 6. Development Application 281/17 - Proposed Road Name


Responsible Officer: GIS & ASSET OFFICER - Teresa Brooks

RECOMMENDATION::

That the Council approves the road within the proposed 6 lot subdivision of Lot 21, DP 258661 (Development Application 281/17) be named Evans Place.

BACKGROUND::

Council has received a suggested road name for the proposed 6 lot staged subdivision of Lot 21, DP 258661, 21 Maiden Smith Drive, Moama.

DISCUSSION::

Under Development Application 281/17, being for a proposed 6 lot staged subdivision of Lot 21, DP 258661, the applicant has suggested that the road within the subdivision be named Evans Place. The applicant’s great-great grandfather was Richard James Evans who founded the Evans sawmill in Echuca in 1922. Although the sawmill was located in Echuca, RJ Evans sourced a large amount of timber from the Perricoota Forest and many other forests in the local area and had a strong link to Moama.

The former Murray Shire Council approved a list of names for roads. Evans Place is not on this list.


Operational Plan 2017/18 - Strategic Theme 1: Built/Physical Environment, which is planned, connected, safe and supports our industries, businesses and community.



Nil.


The proposed road name complies with the Geographical Names Board Guidelines for the naming of roads.


Road naming authorities must adhere to the procedure outlined in the NSW Road Regulation 2008 when naming a public or private road.

In NSW, the Geographical Names Board must be notified of all road naming proposals. Once approved by Council, the proposed road name is registered online. Through this process, the Geographical Names Board either accepts or rejects the name based on whether or not it complies with their guidelines.

RISK ANALYSIS::

If road names are not officially and correctly recorded, this can impede the delivery of emergency and other services to residents and businesses.

CONCLUSION::

The proposed road name within the proposed 6 lot subdivison of Lot 21, DP 858661 (Development

Page - 42


042

Application 281/17) of Evans Place, complies with the Geographical Names Board guidelines for the naming of roads and is therefore supported by Council.

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043

CLAUSE 1. Developments Approved in October 2017


Responsible Officer: DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT - Simon Arkinstall

RECOMMENDATION::

That the information be received and noted by the Council.

BACKGROUND::

Page - 44


044

DISCUSSION::

Not required.


Not required.


Not required.


Not required.


Not required.

RISK ANALYSIS::

Not required.

CONCLUSION::

Not required.

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045

CLAUSE 2. Planning Consultant



RECOMMENDATION::

That at the Quarterly Budget Review, the Council consider allocating additional funding for the engagement of planning consultants to assist Council in the assessment of Development Applications.

BACKGROUND::

Council's Planning Department has been utilising planning consultants in recent times to assist in the assessment of Development Applications (DAs) and to ensure a reasonable turnaround time is achieved. This was deemed necessary based on the number of DAs being received by Council and that Council currently has only one active full time Town Planner to manage these applications.

To date, this process has been managed through existing budget arrangements, however, the length of this process was extended based on the inability to attract a new town planner.

DISCUSSION::

Page - 46


046


Nil.


Council has funded the current use of the planning consultant through existing budget allocations and if this process were to continue then additional funding would be required to be allocated.

Council is advised that for the 2017/18 financial year, $35,000.00 has been allocated to the outsourcing of DA assessment. This has also affected additional Council projects, as the funding was originally allocated for specific projects, such as the review and development of Section 94 Plans for the newly amalgamated Murray River Council, however, such projects will not be able to be completed due to the reallocation of funding.

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047

As one of Council’s town planners is on maternity leave, there is an opportunity to utilise the wage component to offset some of the consultant’s costs.


Nil.


Nil implications – all assessments are required to be completed in accordance with the legislative requirements, however there are always challenges in how the legislation is interpreted between Council's staff and the planning consultant. Where this is deemed a difference of opinion, Council officers do not alter the consultant’s reports; if such is of more significance, then staff will raise these concerns with the consultant.

RISK ANALYSIS::

aaaa• What can happen? DAs not being approved in a timely manner.• How can it happen? Number of applications received versus existing resources.• What are the consequences of the event happening? Not meeting customer expectations.• What is the likelihood of the event happening? High• Adequacy of existing controls? Low• Treatment options to mitigate the risk? Outsource the assessment of DAs until the Manager

Town Planning vacancy is filled.aaaaCONCLUSION::

Council currently has one active town planner to manage the DA process and based on the staff shortage and inability to fill a vacancy, staff have been utilising a planning consultant to assist in the DA assessment process. To date, this process has been funded through an existing budget allocation.

Council's staff are requesting that additional funds be allocated to enable, where deemed appropriate, DAs to be outsourced to assist Council in meeting its statutory obligations and minimising frustration with developers and the community.

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048

CLAUSE 3. Withdrawal of Development & Other Applications - Refund of Fees



RECOMMENDATION::

aaaa1. That Council place the proposed draft Withdrawal of Development and Other Applications –

Refund of Fees Policy on public exhibition.2. That on the public exhibition period closing, a further report be presented to the Council for

consideration of adopting the Murray River Council Withdrawal of Development and Other Applications – Refund of Fees Policy.

aaaaBACKGROUND::

Council receives a number of Development Application (DAs) and similar for consideration and there are times that these applications are withdrawn by the applicant. Council's staff are proposing the introduction of a policy to assist in determining the amount of fees to be refunded, if applicable, in these circumstances.

DISCUSSION::

As indicated above, there are circumstances where a DA or similar application will be withdrawn by the applicant and legislation permits Council to refund a percentage of the fees.

Clause 52 of the Environmental Planning and Assessment Regulation 2000 (the 'Regulation') is inserted below for Council’s information.

52 Withdrawal of development applications

(cf clause 47 (4)–(6) of EP&A Regulation 1994)

(1) A development application may be withdrawn at any time prior to its determination by service on the consent authority of a notice to that effect signed by the applicant.

(2) An application that is withdrawn is taken for the purposes of the Act (sections 79 (6) and 89F (4) of the Act and clause 90 (3) of this Regulation excepted) never to have been made.

(3) The consent authority may (but is not required to) refund to the applicant the whole or any part of any application fee paid in connection with an application that has been withdrawn.

(4) Immediately after the withdrawal of a development application for:

(a) development for which the concurrence of a concurrence authority is required, or

(b) integrated development,

the consent authority must notify each relevant concurrence authority or approval body of the withdrawal

The Regulation indicates that Council may refund the fees or part of the fees associated with an application if it is withdrawn, and Council's staff are of the opinion that any refund should be proportional to the amount of work completed on an application prior to it being withdrawn.

To assist staff, it is suggested that direction is required to provide a guide as to the level of refund to be provided when an application is withdrawn. Staff have undertaken benchmarking against other Local Government organisations to obtain an idea of the level of refund provided in similar circumstances.

As a result of this benchmarking process, the proposed draft Withdrawal of Development and Other Applications - Refund of Fees Policy is attached (Appendix 1) for consideration by the Council.

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049


Nil.


Nil.


If adopted, such will provide a new Policy along with clear direction for Council's staff.


The refund to fees is permissible under the Environmental Planning and Assessment Regulation 2000.

RISK ANALYSIS::

aaaa• What can happen? Inconsistent manner in determining the amount for refund.• How can it happen? No clear criteria for Council's staff to determine refund.• What are the consequences of the event happening? Inconsistency• What is the likelihood of the event happening? Medium • Adequacy of existing controls? Low• Treatment options to mitigate the risk? Implement the proposed policy.

aaaaCONCLUSION::

It is suggested that where an applicant withdraws an application, that the appropriate portion of the associated fees should be refunded as in some circumstances the entire process may not have been completed. Council's staff are suggesting that when this is the case then a percentage of the fees should be refunded. To assist staff in determining the level of refund, benchmarking was completed against other Local Government organisations and a draft policy developed for Council’s consideration.

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050

CLAUSE 4. Development Application 055/17


Responsible Officer: TOWN PLANNING CONSULTANT (Hawes & Swan Planning) - Jeremy Swan

RECOMMENDATION::

aaaa1. That Council support the State Environmental Planning Policy (SEPP) 1 Objection submitted with

Development Application 055/17 as same is deemed well founded.2. That Development Application 055/17, for the transfer of commercial moorings and erection of a

commercial pontoon and walkway (marina) and storage shed on the Murray River at Lot 2, DP1007795, 63 Layfield Road, Moama, be granted deferred commencement development consent, subject to the conditions contained in Schedule A, as attached to the report.

aaaaBACKGROUND::

Council consent is sought for the erection of a commercial pontoon marina and walkway on the Murray River.

The land to which this application relates is zoned RU1 – Primary Production; and W1 – Natural Waterways under Murray Local Environmental Plan (LEP) 2011.

The proposed development was subject to formal neighbourhood notification in accordance with Murray Development Control Plan (DCP) 2012.

The application includes a State Environmental Planning Policy (SEPP) No. 1 objection in relation to compliance with Clause 10 of Murray Regional Environmental Plan No.2 – Riverine Land. The applicant’s SEPP 1 objection (justification for non-compliance) for the proposed development is based upon:

• Public access to the site will not be impeded by the development and is already covered by the existing licence conditions;

• The mooring is within the main channel of the River Murray however this requirement is justifiably unreasonable for this proposal;

• No flood flows will be impeded or altered by the proposal;• Land degradation and Landscape issues are already covered by the existing licence conditions

and not applicable to this proposal as there is no increased intensity of use or physical works that are to be undertaken;

• Land use at the site will not intensify at the site due to the nature of the proposal; and• Water Quality and Wetlands are also not altered by the proposal.

In addition, a Clause 4.6 variation has been submitted as the proposed development will involve the erection of a marina where it is proposed to moor four commercial houseboats where the control limits the erection of more than one mooring per lot.

The applicant puts forward the following argument in support under Clause 4.6:

• This objection is well founded with compliance surrounding a permanent mooring being unreasonable and unnecessary;

• Granting of consent meets the objectives of the policy;• Non-compliance does not raise matters of significance for State or Regional environmental

planning; and• Strict compliance with the development standard would tend to hinder the attainment of

objectives 5(a)(ii) of the EP&A Act 1979.aaaaDISCUSSION::

Refer to the attached document (Appendix 2).


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051

N/A


N/A


N/A


N/A

RISK ANALYSIS::

N/A

CONCLUSION::

Development Application 055/17, for the transfer of commercial moorings and erection of a commercial pontoon and walkway (marina) and storage shed on the Murray River at Lot 2, DP1007795, 63 Layfield Road, Moama, has been assessed in accordance with the relevant planning provisions and is recommended for deferred commencement development consent as per the conditions contained in Schedule A attached to this report (Appendix 3).

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052

CLAUSE 5. Sponsorship Request - Isaiah Firebrace Concert & Workshops


Responsible Officer: ECONOMIC DEVELOPMENT OFFICER - Beck Hayward

RECOMMENDATION::

That Council provides sponsorship of $1,000 to YoYo Music to go towards the running of an Isaiah Firebrace Concert and Workshops to be held in Moama on Friday 5 January 2018, to come from the Shire Promotion vote.

BACKGROUND::

Isaiah Firebrace’s management company, YoYo Music, is seeking support for workshops to be delivered in conjunction with an Isaiah performance (or two) in Moama on Friday 5 January 2018, potentially at the Rich River Golf Club Resort. See attached email request (Appendix 4).

YoYo Music are seeking a contribution of $1,000 each from both Murray River Council and the Shire of Campaspe to run a workshop with Isaiah, aimed at young people in our community. They will also invite some local solo acts to support Isaiah at his performances and encourage young people in the community to get involved in the organisation and promotion of the event.

DISCUSSION::

Nil.


Nil.


The $1,000 financial contribution is to come from Council's Shire Promotion vote.




Nil.

RISK ANALYSIS::

Nil.

CONCLUSION::

Isaiah Firebrace’s management company, YoYo Music, is seeking support for workshops to be delivered in conjunction with an Isaiah performance (or two) in Moama on Friday 5 January 2018. It is appropriate for Council to support this event, aimed at young people in our community.

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053

CLAUSE 6. Sponsorship Request - Annual Christmas Spectacular Event



RECOMMENDATION::

That Council provides sponsorship of $3,000 to the Epicentre Church to run the annual Christmas Spectacular event, to be held in December 2017, to come from the Shire Promotion vote.

BACKGROUND::

The annual Christmas Spectacular is a free Christmas carols festival for the whole Echuca Moama and district community. It has been running for the past 6 years and is held at the Moama Recreation Reserve. Past events have attracted around 4,000 attendees. The event has Development Application approval for a 5 year period (until November 2019).

The event is run in a professional manner by the Epicentre Op Shop and is supported by all the churches of Echuca Moama. The goal of the event is community engagement and strengthening family connections and relationships. The event costs approximately $30,000 to conduct and local suppliers are used to deliver the event. Organisers receive funding support from local businesses and the Shire of Campaspe, as well as proceeds from their Op Shop.

Organisers are seeking a sponsorship of $5,000 from Council, to go towards the hire of large screens ($2,500) and camera and equipment ($3,500). See the applicable Sponsorship Application Form attached (Appendix 5).

DISCUSSION::

Nil.


Nil.


The $3,000 contribution is to come from Council's Shire Promotion vote.




Nil.

RISK ANALYSIS::

Nil.

CONCLUSION::

The annual Christmas Spectacular is a free Christmas carols festival for the whole community. It has been running for the past 6 years and is held at the Moama Recreation Reserve, with past events attracting around 4,000 attendees. The organisers of the event are seeking a sponsorship of $5,000 from Council for the event. It is appropriate for Council to support this annual community Christmas event.

Page - 54


054

Page - 55


055

CLAUSE 7. Sponsorship Request - Annual Christmas Lights Competition



RECOMMENDATION::

That Council provides sponsorship of $300 to the Riverine Herald Echuca to run the annual Christmas Lights Competition in Echuca Moama, to be held in December 2017, to come from the Shire Promotion vote.

BACKGROUND::

The former Murray Shire Council and Shire of Campaspe have supported the annual Christmas Lights Competition, run by the Riverine Herald Echuca newspaper, for a number of years.

The competition encourages community involvement, with over 70 houses nominated in 2016, all of which are listed on a competition map, inserted into the newspaper. There was significant levels of participation from the residents of Echuca Moama in 2016 to vote for their favourite houses. The map produced in the Riverine Herald is not only used by the competition voters but also as a guide to Christmas-themed houses for those wanting to enjoy the Christmas spirit.

Should the Council offer sponsorship, Council will be acknowledged in the competition pages as well as a logo being present on the page. The sponsorship is used as cash prizes for the winning houses and lucky voter.

See the applicable Sponsorship Application Form attached (Appendix 6).

DISCUSSION::

Nil.


Nil.


The $300 contribution is to come from Council's Shire Promotion vote.




Nil.

RISK ANALYSIS::

Nil.

CONCLUSION::

The annual Christmas Lights Competition, run by the Riverine Herald Echuca newspaper for a number of years, encourages community involvement, with over 70 houses participating in 2016. The organisers of this competition are seeking sponsorship of $300 from Council, to be used as cash prizes for the winning houses and lucky voter. It is appropriate for Council to support this annual community Christmas competition.

Page - 56


056

Page - 57


057

Correspondence Report - Part B



RECOMMENDATION::

That the report be received and the information be noted by the Council.

BACKGROUND::

B1/11: Local Government NSW Weekly

Indices of General Circulars, Numbers 40/17, 41/17, 42/17, 43/17 and 44/17 have been forwarded to Councillors and Senior Staff via email.

B2/11: Australian Local Government Association (ALGA) News

Newsletters dated 13 October, 20 October, 27 October, 3 November and 10 November 2017 have been forwarded to Councillors and Senior Staff via email.

B3/11: Local Government NSW

Forwarding a Media Release of 24 October 2017 welcoming reforms that strengthen the sector and accountability to the community, but encourages the Minister for Local Government to focus on real, meaningful change that delivers genuine benefits. A copy of the Media Release is attached (Appendix 1).


Forwarding a Media Release of 24 October 2017 advising that the NSW Government's planning and transport strategies recently released were a once-in-a-lifetime opportunity to deliver integrated and upfront infrastructure for communities in NSW. A copy of the Media Release is attached (Appendix 2).


Forwarding a Media Release of 27 October 2017 welcoming changes to the Greater Sydney Commission's (GSC) District Plans which say new developments must be supported by infrastructure as a top priority. A copy of the Media Release is attached (Appendix 3).


Forwarding a Media Release of 3 November 2017 welcoming the recent announcement by the NSW Government to introduce new laws to allow councils to create new Joint Organisations (JO) in 2018. A copy of the Media Release is attached (Appendix 4).

B7/11: NSW Government

Forwarding a Media Release of 3 November 2017 advising that Deputy Premier and Minister for Regional NSW John Barilaro, and Minister for Local Government Gabrielle Upton announced the NSW Government will introduce new laws to allow councils in regional NSW to voluntary create new Joint Organisations (JO) in 2018. A copy of the Media Release is attached (Appendix 5).

B8/11: Austin Evans, Member Elect for Murray

Forwarding a Media Release of 8 November 2017 urging first home buyers in the Murray electorate to take advantage of stamp duty relief measures from the NSW Liberals and Nationals Government. A copy of the Media Release is attached (Appendix 6).


Forwarding a Media Release of 13 November 2017 encouraging not-for-profit, community based

Page - 58


058

services in the Murray Electorate to aply for $4.5M worth of grants, targeting the youngest learners. A copy of the Media Release is attached (Appendix 7).


Forwarding a Media Release of 13 November 2017 encouraging local businesses to apply for the new $500,000 Murray Darling Regional Business Accelerator Program, set to help companies leverage new marketing channels and expand into new markets. A copy of the Media Release is attached (Appendix 8).


Forwarding a Media Release of 13 November 2017 calling for applications in the latest round of the Community War Memorials Fund (CWMF) and the Anzac Community Grants Program (ACGP). A copy of the Media Release is attached (Appendix 9).

B12/11: Austin Evans, Member for Murray

Forwarding a Media Release of 20 November 2017 announcing that Murray River Council will receive $442,000 from the NSW Government to help protect Barham, Moulamein and Moama from flood risks. A copy of the Media Release is attached (Appendix 10).

B13/11: Peter Muttart, Mayor, Municipality of the County of Kings

Forwarding a correspondence of 3 October 2017 expressing gratitude in having the privilege of hosting Council's Town Crier, Judy Campbell, as a participant in the 2017 Town Criers' International Competition. A copy of the letter is attached (Appendix 11).

Page - 59


059

Mayor, Councillor CR Bilkey



RECOMMENDATION::

That the Sundry Delegates Report of the Mayor, Councillor CR Bilkey be received by the Council and reasonable out of pocket expenses be met by Council.

BACKGROUND::

The Mayor, Councillor CR Bilkey reported on his attendance at the following meetings and functions:

• 26 Sept: Councillor Induction Session - Mathoura• 26 Sept: Ordinary Meeting of Council - Mathoura• 28 Sept: Community Launch to celebrate the Bunnaloo Mobile Black Spot Tower - Bunnaloo• 5 Oct: Meeting with National Party representatives, in company with Acting General Manager -

Moama• 9 Oct: Radio EMFM Segment - Echuca• 11-13 Oct: Murray Darling Association 73rd AGM & National Conference - Renmark SA• 17 Oct: Pre-Briefing on Planning Matters prior to Council Meeting - Moulamein• 17 Oct: Ordinary Meeting of Council - Moulamein • 19 Oct: Meeting regarding support of preschools Country Kids Program - Mathoura• 19 Oct: Community Living & Respite Services AGM - Echuca• 20 Oct: Official Opening of Community Living & Respite Services 'Opening Doors Project' -

Echuca• 24 Oct: Meeting with Alison Murphy (Office of Local Government) in company with Acting

General Manager - Moama• 26 Oct: Meeting with VicRoads RE update on progress of bridge program - Echuca• 27 Oct: LGNSW 'Capable Councils' Post Election Workshop - Deniliquin• 31 Oct: OLG 'Hit the Ground Running' Councillor Workshop - Jerilderie• 1 Nov: Presiding Officer at Citizenship Ceremony (10 new citizens) - Moama• 3 Nov: Country Mayor's Association of NSW AGM and General Meeting - Sydney

Council proposed a motion seeking the support of the Country Mayor's Association to advocate on behalf of the re-establishment of the red gum industry. Motion was passed overwhelmingly. Minutes attached as Appendix 1 & 2

• 4-5 Nov: LGNSW Mayor's Weekend Seminar - Sydney

Based on the role and responsibilities of Mayors. Excellent seminar with learnings for all Council members

• 8 Nov: Riverina & Murray Regional Organisation of Councils (RAMROC) Meeting - Jerilderie• 11 Nov: Remembrance Day Service - Moama• 13 Nov: Radio EMFM Segment - Echuca• 13 Nov: Echuca Regional Health AGM - Echuca• 14-15 Nov: In-house 'Working Together to Deliver' Workshop - Barham• 14 Nov: Extraordinary Meeting of Council - Barham• 16 Nov: Murray Regional Tourism Council Workshop - Echuca

aaaa

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060

Deputy Mayor, Councillor GS Campbell



RECOMMENDATION::

That the Sundry Delegates Report of the Deputy Mayor, Councillor GS Campbell be received by the Council and reasonable out of pocket expenses be met by Council.

BACKGROUND::

The Deputy Mayor, Councillor GS Campbell reported on her attendance at the following meetings and functions:

• 22 Sept: Meet and Greet Acting General Manager - Mathoura• 26 Sept: Councillor Induction Session - Mathoura• 26 Sept: Ordinary Meeting of Council - Mathoura• 5 Oct: Echuca Moama Artists 63rd Annual Art Exhibition - Echuca• 10 Oct: Mental Health Week - MV Mary Ann• 10 Oct: Moama Lions Community Village Management Committee Meeting - Moama• 12 Oct: Murray Darling Association 73rd National Conference - Renmark SA• 17 Oct: Pre-Briefing on Planning Matters prior to Council Meeting - Moulamein• 17 Oct: Ordinary Meeting of Council - Moulamein• 18 Oct: Echuca Moama & District Tourism Association AGM - Echuca• 19 Oct: Regional Boating Advisory Group (Central Murray) Meeting - Moama• 20 Oct: Official Opening of Captains Cottage - Chanter Street, Moama• 27 Oct: LGNSW 'Capable Councils' Post Election Workshop - Deniliquin• 31 Oct: OLG 'Hit the Ground Running' Councillor Workshop - Jerilderie• 4-5 Nov: LGNSW Mayor's Weekend Seminar - Sydney• 8-9 Nov: Local Government Internal Audit Forum - Sydney• 13 Nov: Echuca Regional Health AGM - Echuca• 14-15 Nov: In-house 'Working Together to Deliver' Workshop - Barham• 14 Nov: Extraordinary Meeting of Council - Barham• 14 Nov: Moama Lions Community Village Management Committee Meeting - Moama• 14 Nov: Moama & Distrct Preschool Centre AGM - Moama

aaaa

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061

Councillor T Aquino



RECOMMENDATION::

That the Sundry Delegates Report of Councillor T Aquino be received by the Council and reasonable out of pocket expenses be met by Council.

BACKGROUND::

Councillor T Aquino reported on his attendance at the following meetings and functions:

• 21 Sept: Meet and Greet Acting General Manager - Mathoura• 26 Sept: Councillor Induction Session - Mathoura• 26 Sept: Ordinary Meeting of Council - Mathoura• 28 Sept: Community Launch to celebrate the Bunnaloo Mobile Black Spot Tower - Bunnaloo• 27 Oct: LGNSW 'Capable Councils' Post Election Workshop - Deniliquin• 31 Oct: OLG 'Hit the Ground Running' Councillor Workshop - Jerilderie• 14-15 Nov: In-house 'Working Together to Deliver' Workshop - Barham• 14 Nov: Extraordinary Meeting of Council - Barham

aaaa

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062

Councillor NF Cohen



RECOMMENDATION::

That the Sundry Delegates Report of Councillor NF Cohen be received by the Council and reasonable out of pocket expenses be met by Council.

BACKGROUND::

Councillor NF Cohen reported on her attendance at the following meetings and functions:

• 26 Sept: Councillor Induction Session - Mathoura• 26 Sept: Ordinary Meeting of Council - Mathoura• 17 Oct: Pre-Briefing on Planning Matters prior to Council Meeting - Moulamein• 17 Oct: Ordinary Meeting of Council - Moulamein• 18 Oct: Echuca Moama & District Tourism Association AGM - Echuca• 27 Oct: LGNSW 'Capable Councils' Post Election Workshop - Deniliquin• 31 Oct: OLG 'Hit the Ground Running' Councillor Workshop - Jerilderie• 9 Nov: C4EM (Committee for Echuca Moama) AGM - Moama• 11 Nov: Remembrance Day Service - Mathoura

Laid wreath on behalf of the Mayor, Councillors, Staff and residents of Murray River Council

• 13 Nov: Echuca Regional Health AGM - Echuca• 14 Nov: In-house 'Working Together to Deliver' Workshop - Barham• 14 Nov: Extraordinary Meeting of Council - Barham• 14 Nov: Moama Recreation Reserve Management Committee Meeting - Moama• 16 Nov: Murray Regional Tourism Council Workshop - Echuca

aaaa

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063

Councillor A Crowe



RECOMMENDATION::

That the Sundry Delegates Report of Councillor A Crowe be received by the Council and reasonable out of pocket expenses be met by Council.

BACKGROUND::

Councillor A Crowe reported on her attendance at the following meetings and functions:

• 26 Sept: Councillor Induction Session - Mathoura• 26 Sept: Ordinary Meeting of Council - Mathoura• 17 Oct: Pre-Briefing on Planning Matters prior to Council Meeting - Moulamein• 17 Oct: Ordinary Meeting of Council - Moulamein• 27 Oct: LGNSW 'Capable Councils' Post Election Workshop - Deniliquin• 31 Oct: OLG 'Hit the Ground Running' Councillor Workshop - Jerilderie• Murray Downs Advancement Group Annual General Meeting - Murray Downs• 8-9 Nov: Local Government Internal Audit Forum - Sydney• 14-15 Nov: In-house 'Working Together to Deliver' Workshop - Barham• 14 Nov: Extraordinary Meeting of Council - Barham

aaaa

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064

Councillor NH Gorey



RECOMMENDATION::

That the Sundry Delegates Report of Councillor NH Gorey be received by the Council and reasonable out of pocket expenses be met by Council.

BACKGROUND::

Councillor NH Gorey reported on his attendance at the following meetings and functions:

• 26 Sept: Councillor Induction Session - Mathoura• 26 Sept: Ordinary Meeting of Council - Mathoura• 27 Sept: Meeting with Cr Crowe; Council's Manager Parks, Gardens & Waste, Luke Keogh;

Directors of the Tooleybuc Sports Club; and members of the Tooleybuc Recreation Reserve Management Committee - Tooleybuc

Discussion on the way forward with future maintenance and running costs of the Tooleybuc Recreation Reserve and issues with the pump which supplies water to the oval

• 28 Sept: Community Launch to celebrate the Bunnaloo Mobile Black Spot Tower - Bunnaloo

Discussion on community concerns with the Tower

• 9 Oct: Barham Recreation Reserve Management Committee Meeting - Barham• 10 Oct: Meeting with Barham Recreation Reserve Management Committee; Council's Acting

General Manager, Des Bilske; and Council's Director Planning, Environment & Economic Development, Simon Arkinstall - Barham

Discussion on the Stronger Communities Major Project funding

• 11-13 Oct: Murray Darling Association 73rd AGM & National Conference - Renmark SA• 17 Oct: Pre-Briefing on Planning Matters prior to Council Meeting - Moulamein• 17 Oct: Ordinary Meeting of Council - Moulamein• 18 Oct: Meeting with Cr Mathers; Council's Director Engineering, Johan Louw; and members of

the Lions Club and Barham Consolidated - Barham

Discussion on footpaths, tree planting and the children's playground in Riverside Park, Barham

• 18 Oct: Echuca Moama & District Tourism Association AGM - Echuca• 20 Oct: Official Opening of Captains Cottage - Chanter Street, Moama• 27 Oct: LGNSW 'Capable Councils' Post Election Workshop - Deniliquin• 27 Oct: Civic Reception for Lions Club Convention hosted by Barham Koondrook Lions Club -

Koondrook• 27 Oct: Official Opening of Lions Club Convention hosted by Barham Koondrook Lions Club -

Barham • 31 Oct: OLG 'Hit the Ground Running' Councillor Workshop - Jerilderie• 14 Nov: In-house 'Working Together to Deliver' Workshop - Barham• 14 Nov: Extraordinary Meeting of Council - Barham

aaaa

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065

Councillor AM Mathers



RECOMMENDATION::

That the Sundry Delegates Report of Councillor AM Mathers be received by the Council and reasonable out of pocket expenses be met by Council.

BACKGROUND::

Councillor AM Mathers reported on his attendance at the following meetings and functions:

• 26 Sept: Councillor Induction Session - Mathoura• 26 Sept: Ordinary Meeting of Council - Mathoura• 11-13 Oct: Murray Darling Association 73rd AGM & National Conference - Renmark SA

Questionable value for Murray River communities. The one positive was broad support from within SA for loch zero at Wellington.

• 17 Oct: Pre-Briefing on Planning Matters prior to Council Meeting - Moulamein• 17 Oct: Ordinary Meeting of Council - Moulamein• 18 Oct: Meeting with Cr Mathers; Council's Director Engineering, Johan Louw; and members of

the Lions Club and Barham Consolidated - Barham

Discussion on streetscape in front of Barham School of Arts Hall, Barham Riverside Park (re redevelopment of Park), Barham Landcare proposed walking path to Federation Reserve, and Barham Lions and Landcare proposed site for tree plantation at the Barham Moulamein Rd truck stop, 5km north of Barham.

• 24 Oct: Barham Local Medical Trust AGM - Barham

The Trust has requested Councils support re an interest-free loan for the development of a dental clinic in Barham. The Trust has copied correspondence sent to Council's Director Corporate Services.

• 27 Oct: LGNSW 'Capable Councils' Post Election Workshop - Deniliquin• 31 Oct: OLG 'Hit the Ground Running' Councillor Workshop - Jerilderie• 14-15 Nov: In-house 'Working Together to Deliver' Workshop - Barham• 14 Nov: Extraordinary Meeting of Council - Barham

aaaa

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066

Councillor TE Weyrich



RECOMMENDATION::

That the Sundry Delegates Report of Councillor TE Weyrich be received by the Council and reasonable out of pocket expenses be met by Council.

BACKGROUND::

Councillor TE Weyrich reported on his attendance at the following meetings and functions:

• 26 Sept: Ordinary Meeting of Council - Mathoura• 17 Oct: Ordinary Meeting of Council - Moulamein• 26 Oct: Inspection of Tarragon Road, Mathoura• 13 Nov: Mathoura Preschool Committee Meeting - Mathoura• 14 Nov: Extraordinary Meeting of Council - Barham

aaaa

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067

Councillor GW Wise



RECOMMENDATION::

That the Sundry Delegates Report of Councillor GW Wise be received by the Council and reasonable out of pocket expenses be met by Council.

BACKGROUND::

Councillor GW Wise reported on his attendance at the following meetings and functions:

• 21 Sept: Meet and Greet Acting General Manager - Mathoura• 26 Sept: Councillor Induction Session - Mathoura• 26 Sept: Ordinary Meeting of Council - Mathoura• 28 Sept: Community Launch to celebrate the Bunnaloo Mobile Black Spot Tower - Bunnaloo• 17 Oct: Pre-Briefing on Planning Matters prior to Council Meeting - Moulamein• 17 Oct: Ordinary Meeting of Council - Moulamein• 24 Oct: Meeting with Acting General Manager - Moama• 27 Oct: LGNSW 'Capable Councils' Post Election Workshop - Deniliquin• 31 Oct: OLG 'Hit the Ground Running' Councillor Workshop - Jerilderie• 1 Nov: Meeting with Acting General Manager and Community Member - Moama

Discussion regarding planning issues

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068

Section: 5. CONFIRMATION OF MINUTES

Agenda Item: Ordinary Meeting of 17 October 2017

Attachment 6.1.1 MINUTES ORDINARY 171017draft

075

MINUTES of the Ordinary Meeting 17 October 2017, 1:10pm

Moulamein Community Sporting Complex

This is Page No. 1 of the Minutes of the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 17 October 2017 at the Moulamein Community Sporting Complex, Moulamein South Recreation Reserve, Endeavour Drive, Moulamein.

PRESENT

Mayor, Councillor CR Bilkey (in the Chair) Councillors GS Campbell, NF Cohen, A Crowe, NH Gorey, AM Mathers and GW Wise

APOLOGIES Councillors A Aquino and TE Weyrich IN ATTENDANCE The following members of staff were also in attendance: D Bilske Acting General Manager L Palmer Director Corporate Services J Louw Director Engineering S Arkinstall Director Planning, Environment & Economic Development K Keogh Manager Office of the General Manager (Minute Secretary) ACKNOWLEDGEMENT OF COUNTRY The Mayor opened the meeting with an Acknowledgement of Country. OPENING PRAYER The Mayor held a short appropriate prayer. LEAVE OF ABSENCE/APOLOGIES 011017 RESOLVED (Crs Mathers/Crowe) that the apologies tendered on behalf of

Councillors A Aquino and TE Weyrich be accepted and that leave of absence from the meeting be granted.

076




CONFLICT OF INTERESTS DECLARATIONS

Councillor GS Campbell declared a conflict of interests in Clause 2 of the Director Planning, Environment and Economic Development Report on Moama Markets. Councillor NF Cohen declared a conflict of interests in Clause 3 of the Director Planning, Environment and Economic Development Confidential Report on Moama Recreation Reserve. CONFIRMATION OF MINUTES

021017 RESOLVED (Crs Gorey/Crowe) that the minutes of the Ordinary Meeting

held on 26 September 2017 be confirmed as a true and correct record. DEPUTATIONS The deputation to Council by Mr Nicholas Rolfe regarding Clause 5 of the

Director Planning, Environment and Economic Development Report was held later in the meeting.

MAYOR’S MINUTE There was not a Mayoral Minute submitted to the meeting. STANDING COMMITTEE REPORTS There were no standing committee reports submitted to the meeting. NOTICES OF MOTION/NOTICE OF RESCISSION There were no notices of motion/notice of rescission submitted to the meeting. ACTING GENERAL MANAGER’S REPORT CLAUSE 1. DISCLOSURES BY COUNCILLORS AND DESIGNATED PERSONS RETURN 031017 RESOLVED (Crs Cohen/Campbell) that it be noted that Councilllors are

required to submit their Disclosures by Councillors and Designated Persons Return (Pecuniary Interest Return) to the Acting General Manager by 17 October 2017.

077




CLAUSE 2. DISCLOSURES BY COUNCILLORS AND DESIGNATED PERSONS RETURN 041017 RESOLVED (Crs Mathers/Cohen) that it be noted that the Disclosures by

Councillors and Designated Persons Return (Pecuniary Interest Return) for the period 1 July 2016 to 30 June 2017 were tabled at the meeting.

CLAUSE 3. LOCAL GOVERNMENT NSW – ANNUAL CONFERENCE 2017 051017 RESOLVED (Crs Campbell/Cohen) that the Council endorse the actions of

the Acting General Manager in submitting the following motions by 9 October 2017 to the Local Government NSW Annual Conference: (a) That the Local Government NSW (LGNSW) lobby the NSW Government

to effectively manage the issue of kangaroo numbers generally migrating to areas near water and road networks that create significant hazards to road users in rural NSW, particularly in areas where communities interface with National Parks.

(b) That the Local Government NSW (LGNSW) lobby the NSW Government and the Australian Local Government Association (ALGA) seeking their assistance in advocating for the establishment of a Federal Independent Commission Against Corruption or similar body.

CLAUSE 4. RECRUITMENT OF GENERAL MANAGER – EXPRESSION OF INTEREST FOR RECRUITMENT CONSULTANT 061017 RESOLVED (Crs Mathers/Gorey) that Council undertake an invited

Expression of Interest to select and engage a Recruitment Consultant to assist with the recruitment process for the position of General Manager of Murray River Council.

071017 FURTHER RESOLVED (Crs Gorey/Mathers) that the General Manager’s

recruitment be facilitated by a Recruitment Consultant, in conjunction with a Council selection panel.

081017 FURTHER RESOLVED (Crs Mathers/Cohen) that the Council panel for

selection of the General Manager consist of the Mayor, Deputy Mayor, two Councillors from the Greater Wakool Ward, the Recruitment Consultant representative and an independent member.

091017 FURTHER RESOLVED (Crs Crowe/Cohen) that the Council-nominated

Greater Wakool Ward Councillors appointed to the Council selection panel be Councillor NH Gorey and Councillor AM Mathers.

101017 FURTHER RESOLVED (Crs Campbell/Wise) that the Council appoint the

independent member for the Council selection panel.

078




111017 FURTHER RESOLVED (Crs Crowe/Wise) that the Council delegate to the Council selection panel the role of: (a) Conducting the reviews of the position description, selection criteria,

special conditions and associated salary range for the position of General Manager;

(b) Undertaking the selection process for the position of General Manager; (c) Reporting the findings and recommendations of the selection process for

the position of General Manager to the Council for ratification; and (d) Arranging the appointment of the selected person to the position of

General Manager of Murray River Council. CLAUSE 5. PROPOSED ESTABLISHMENT OF COMMITTEES OF THE COUNCIL – FINANCE COMMITTEE AND AUDIT COMMITTEE 121017 RESOLVED (Crs Campbell/Mathers) that Council establish two additional

advisory committees, with one to be named the Finance Committee and the other the Audit Committee.

131017 FURTHER RESOLVED (Crs Campbell/Wise) that the Council adopt the

Terms of Reference, as attached to the report, including the proposed membership for the Finance Committee.

141017 FURTHER RESOLVED (Crs Campbell/Cohen) that the Council appoint all

Councillors as members of the Finance Committee. 151017 FURTHER RESOLVED (Crs Mathers/Gorey) that the Council adopt the

Terms of Reference, as attached to the report, including the proposed membership for the Audit Committee.

161017 FURTHER RESOLVED (Crs Campbell/Gorey) that the Council approve the

General Manager to seek Expressions of Interest for the appointment of independent members of the Audit Committee, with Expressions of Interest to be considered by the Council for appointment as per the Terms of Reference.

171017 FURTHER RESOLVED (Crs Campbell/Mathers) that the Council appoint

Councillor GS Campbell and Councillor A Crowe to fill the role of members of the Audit Committee.

CLAUSE 6. FUNDING DEED – FAMILY AND COMMUNITY SERVICES 181017 RESOLVED (Crs Crowe/Campbell):

1. That the Council approve the Deed of Variation to the Funding Deed between Family and Community Services and Murray River Council.

2. That the Council authorise the Mayor and General Manager to execute the Deed of Variation to the Funding Deed between Family and Community Services and Murray River Council, including the affixing of the Common Seal of Council to the Deed of Variation.

079




CLAUSE 7. REMEMBRANCE DAY SERVICES 191017 RESOLVED (Crs Campbell/Wise):

1. That a Councillor representative attends the Remembrance Day Service in Mathoura at the War Memorial, Soldiers Memorial Gardens on Saturday 11 November 2017, commencing at 10:45am.

2. That the Mayor attends the Remembrance Day Service in Moama at the War Memorial, Kerrabee Soundshell on Saturday 11 November 2017, commencing at 10:55am.

CLAUSE 8. MURRAY DARLING BASIN AUTHORITY – SUSTAINABLE DIVERSION LIMITS ADJUSTMENT MECHANISM – DRAFT DETERMINATION REPORT 201017 RESOLVED (Crs Crowe/Campbell):

1. That Council consider the Murray Darling Basin Authority Sustainable Diversion Limit Adjustment Mechanism Assessment – Draft Determination Report.

2. That Council make comments for inclusion in a submission in response to the Sustainable Diversion Limits Adjustment Mechanism Assessment – Draft Determination Report to meet the close of submissions on 3 November 2017.

At this stage of the meeting, being 2:02pm, the meeting was suspended to await the deputation to the Council.

DEPUTATION At this stage of the meeting, being 2:05pm, Mr Nicholas Rolfe made a

deputation to the Council regarding Clause 5 of the Director Planning, Environment and Economic Development Report – Development Application 108/13 Amendment 2. At this stage of the meeting, being 2:10pm, the meeting resumed and immediately considered Clause 5 of the Director Planning, Environment and Economic Development Report.

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DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT REPORT

CLAUSE 5. DEVELOPMENT APPLICATION 108/13 AMENDMENT 2 MODIFICATION: AMEND LOCATION AND DESIGN OF APPROVED

DWELLING HOUSE ORIGINAL APPLICATION: SINGLE STOREY DWELLING WITH

ATTACHED GARAGE LOT 129, DP 751152 OLD BARMAH ROAD, MOAMA ZONE: RU1 – PRIMARY PRODUCTION OWNER: PA BARBER APPLICANT: PETER BARBER MOTION (Crs Mathers/Cohen) that Development Application 108/13

Amendment 2 be refused development consent, due to the following reasons: 1. The modification application is inconsistent with the considerations of

Clause 7.8 Flood Planning of Murray Local Environmental Plan (LEP) 2011 as the proposal is not considered compatible with the flood hazard of the land and has the potential to result in unsustainable costs to the community as a consequence of flooding.

2. The modification application is inconsistent with the Specific Principles relating to ‘flooding’ contained with Murray REP No.2- Riverine Land due to the unacceptable flood hazard of the land and the potential cost of providing emergency services and replacing infrastructure in the event of a flood.

3. The modification application is inconsistent with the aims and controls of Murray Development Control Plan (DCP) 2012, Chapter 11 Flood Prone Land, as the development will effectively increase the impact of flooding and flood liability on the individual property owner, the dwelling is not considered to be ‘necessary’ and the development has the potential to add to cost to the community of flood events.

4. The modified development is considered to have the potential to cumulatively have a detrimental economic and social impact on the community as a result of the costs associated with flood events.

5. The subject site is not considered to be suitable for the development given the flood constraints and hazard which affects the site and surrounding land.

6. The development is not considered to be in the public interest given the potential cost to the community associated with flood events.

7. The modification is inconsistent with a specific object of the Environmental Planning and Assessment Act 1979, namely: (ii) the promotion and co-ordination of the orderly and economic use and development of land. The modification is not considered to promote and coordinate the orderly use and development of land within Murray River Council.

081




FOR: Nil

AGAINST: Councillors Bilkey, Campbell, Cohen, Crowe, Gorey, Mathers and Wise

The MOTION was LOST.

211017 RESOLVED (Crs Wise/Gorey) that Development Application 108/13 Amendment 2 be approved, subject to conditions of development consent.

FOR: Councillors Bilkey, Campbell, Cohen, Crowe, Gorey,

Mathers and Wise

AGAINST: Nil

At this stage of the meeting, being 2:21pm, the meeting continued its consideration of the Acting General Manager’s Report.

ACTING GENERAL MANAGER’S REPORT CONTINUED CLAUSE 9. COMMONWEALTH ENVIRONMENTAL WATER OFFICE – DISCUSSION PAPER – DEVELOPMENT OF A FRAMEWORK FOR

INVESTING IN ENVIRONMENTAL ACTIVITIES 221017 RESOLVED (Crs Campbell/Cohen):

1. That Council note the Commonwealth Environmental Water Office Discussion Paper – Development of a Framework for Investing in Environmental Activities (Discussion Paper).

2. That Council provide comments for inclusion in a submission in response to the Discussion Paper in time to allow a submission to be prepared before the close off date of 30 November 2017.

OFFICER’S REPORTS

DIRECTOR CORPORATE SERVICES REPORT CLAUSE 1. MURRAY RIVER COUNCIL – INVESTMENT POLICY

231017 RESOLVED (Crs Gorey/Campbell) that the Council adopt the Murray River

Council Investment Policy.

082




CLAUSE 2. FINANCIAL STATEMENTS AND INVESTMENTS – 30 SEPTEMBER 2017 241017 RESOLVED (Crs Mathers/Wise):

1. That the report detailing Council’s cashbook balance of $57,080,649.50 as at 30 September 2017 is received by the Council.

2. That the report detailing Council’s investment balance of $57,175,529.86 as at 30 September 2017 is received by the Council.

CLAUSE 3. GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009 – MURRAY RIVER COUNCIL 2017/18 AGENCY INFORMATION GUIDE 251017 RESOLVED (Crs Campbell/Cohen) that the Council adopts the Murray River

Council 2017/2018 Agency Information Guide in accordance with Section 21 of the Government Information (Public Access) Act 2009.

CLAUSE 4. GREATER WAKOOL WARD S355 COMMITTEES – 2017/2018 DOLLAR-FOR-DOLLAR GRANT APPLICATION 261017 RESOLVED (Crs Campbell/Cohen):

1. That Council allocates $1,350.00 from the Greater Wakool Ward S355 Committees 2017/2018 Dollar-for-Dollar Grant program to the Barham Recreation Reserve Committee to install a shelter at each of the two netball courts to provide shelter for the netball game officials at the Recreation Reserve.

2. That the Barham Recreation Reserve Committee be advised that prior to the construction of the shelters it is essential that they contact Council to ensure all approvals for the installation of the shelters, if required, are gained.

DIRECTOR PLANNING, ENVIRONMENT &

ECONOMIC DEVELOPMENT REPORT CONTINUED

CLAUSE 1. DEVELOPMENTS APPROVED IN SEPTEMBER 2017

Information noted. CLAUSE 2. MOAMA MARKETS

Councillor GS Campbell declared a pecuniary conflict of interests in this matter, as she is an adjoining land owner to the subject property, took no part in discussion, tabled a written notice to the Acting General Manager and left the meeting at 2:37pm.

083




271017 RESOLVED (Crs Mathers/Wise) that the Council determines that the preferred location of the Moama Community Markets is the current location, being the Kerrabee Soundshell.

281017 FURTHER RESOLVED (Crs Mathers/Cohen) that Council commences the

process for implementing the required lease/licence requirements for the holding of the Moama Community Markets at the Kerrabee Soundshell.

At this stage of the meeting, being 2:48pm, Councillor GS Campbell returned

to the meeting. CLAUSE 3. MATHOURA CEMETERY 291017 RESOLVED (Crs Campbell/Crowe):

1. That Council commence the compulsory acquisition process to purchase a portion of the Mathoura Common to permit the expansion of the Mathoura Lawn Cemetery.

2. That the Council approve of the allocation of the required funds to permit the compulsory acquisition process to commence.

CLAUSE 4. WASTE LESS, RECYCLE MORE GRANT PROGRAM – FOOD ORGANICS GARDEN ORGANICS WASTE COLLECTION 301017 RESOLVED (Crs Campbell/Cohen):

1. That Council continues with the implementation of a third kerbside bin to cater for green and organic waste in Moama and Mathoura under the Waste Less, Recycle More grant funding.

2. That Council seek an extension of period for the completion of the Waste Less, Recycle More grant project.

3. That Council re-scope the Waste Management Strategy to encompass the whole Council area and to take into account the Memorandum of Understanding (MoU) with Gannawarra Shire Council (Victoria) for the provision of waste management services in Barham.

CLAUSE 5. DEVELOPMENT APPLICATION 108/13 AMENDMENT 2 MODIFICATION: AMEND LOCATION AND DESIGN OF APPROVED

DWELLING HOUSE ORIGINAL APPLICATION: SINGLE STOREY DWELLING WITH

ATTACHED GARAGE LOT 129, DP 751152 OLD BARMAH ROAD, MOAMA ZONE: RU1 – PRIMARY PRODUCTION OWNER: PA BARBER APPLICANT: PETER BARBER

This clause was dealt with in an earlier part of the meeting.

084




CLAUSE 6. SWAN HILL MURRAY DOWNS FIELD & GAME CLUB – SPONSORSHIP REQUEST 311017 RESOLVED (Crs Campbell/Wise) that Council sponsors the Swan Hill

Murray Downs Field & Game Club’s November 2017 Club Shoot in the amount of $250, to come from the Council Promotion vote.

CLAUSE 7. 2018 SOUTHERN 80 WATER SKI RACE – SPONSORSHIP REQUEST 321017 RESOLVED (Crs Wise/Crowe) that Council sponsors the 2018 Southern 80

Water Ski Race in the amount of $5,000 (plus GST), as well as the provision of the usual in-kind contributions, as outlined in the report, to come from the Council Promotion vote.

CLAUSE 8. COMMUNITY LIVING & RESPITE SERVICES INC – SPONSORSHIP REQUEST 331017 RESOLVED (Crs Campbell/Wise) that Council supports the Community

Living & Respite Services Inc. 12th Annual Fundraising Dinner, to be held in February 2018, with sponsorship to the value of $3,000.

CLAUSE 9. MURRAY RIVER COUNCIL – AUSTRALIA DAY CEREMONIES 341017 RESOLVED (Crs Mathers/Cohen):

1. That Council continues to support the community led 2018 Australia Day Ceremonies held in the smaller communities within the Greater Wakool Ward, with nominal funding of $200 per event.

2. That the 2018 Citizen of the Year Award pertains to the whole of the Council area.

3. That Council apply for one Australia Day Ambassador for the whole of the Council area.

4. That the main 2018 Australia Day Ceremony for Council be held in Moama.

At this stage of the meeting, being 3:21pm, the meeting adjourned for a short break. At this stage of the meeting, being 3:39pm, the meeting resumed.

QUESTIONS ON NOTICE

There were no questions on notice submitted to the meeting.

085




CORRESPONDENCE REPORT

There was not a Correspondence Report submitted to the meeting.

SUNDRY DELEGATES REPORTS

There were no Sundry Delegates Reports submitted to the meeting. BIRTHS & CONDOLENCES

There were no notices of births or deaths submitted to the meeting.

CONFIDENTIAL REPORTS

351017 RESOLVED (Crs Mathers/Cohen) that as provided in the Local Government

Act 1993, Section 10A(2): Subsection (d)(iii), being commercial information of a confidential nature that would, if disclosed, reveal a trade secret; and Subsection (g), being advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege, and the public interest in protecting confidential information outweighs the public interest in ensuring accountability through open meetings, the Council move into Committee of the Whole at 3:39pm.

DIRECTOR CORPORATE SERVICES CONFIDENTIAL REPORT

CLAUSE 1. PROPERTY SALE

RECOMMENDED (Crs Gorey/Crowe):

1. That the Council approve of the sale of 49 Parkman Avenue, Barham, to the interested party, as outlined in the report.

2. That should the sale to the interested party, as outlined in the report, not proceed, the property at 49 Parkman Avenue, Barham, is placed on the open market for sale with a reserve price of $640,000.


Mathers and Wise

AGAINST: Nil

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DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT CONFIDENTIAL REPORT

CLAUSE 1. CONTRACT NO. MRC 07/17 – DESIGN AND CONSTRUCTION OF THE BARHAM RECREATION

RESERVE SKATE PARK RECOMMENDED (Crs Gorey/Mathers):

1. That Council accept and award Contract MRC 07/17 for the design and construction of the Barham Recreation Reserve Skate Park to VFG Skate Parks.

2. That Council accept the Alternate Proposal for the construction of the Skate Park that incorporates the landscaping component with a total project cost of $317,000.


Mathers and Wise

AGAINST: Nil

CLAUSE 2. CONTRACT NO. MRC 03/17 – REVIEW AND CONSOLIDATION OF MURRAY RIVER COUNCIL’S LAND

USE STRATEGIC PLAN AND LOCAL ENVIRONMENTAL PLAN RECOMMENDED (Crs Mathers/Gorey) that Council accept the submission

of Zenith Planning to complete the review and consolidation of Murray River Council’s Strategic Land Use Plan (SLUP) and Local Environmental Plan (LEP) at a cost of $172,950.00 (GST exclusive).


Mathers and Wise

AGAINST: Nil

FURTHER RECOMMENDED (Crs Mathers/Cohen) that Council allocate the

funding for the review and consolidation of Murray River Council’s Strategic Land Use Plan (SLUP) and Local Environmental Plan (LEP) over two financial years, with $100,000.00 allocated for the 2017/18 financial year from the transition fund and additional funding allocated in 2018/19 through the budget process.


Mathers and Wise

AGAINST: Nil

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CLAUSE 3. MOAMA RECREATION RESERVE

Councillor NF Cohen declared a less than significant non-pecuniary conflict of interests in this matter, as she is employed by the owner of a property on the Moama Recreation Reserve, tabled a written notice to the Acting General Manager at 4:10pm but continued to take part in discussion.

RECOMMENDED (Crs Campbell/Wise) that Council further investigate the

matter, as outlined in the report. FURTHER RECOMMENDED (Crs Campbell/Wise) that Council prepare a

business case on the matter, as outlined in the report, and the possible impact of the use on other parts of the Council area.

FURTHER RECOMMENDED (Crs Mathers/Cohen) that Council proceed with

the multi-purpose pavilion at the Moama Recreation Reserve under the Stronger Communities Fund – Major Projects. CLAUSE 4. MOAMA RIVERSIDE CARAVAN PARK – LEASE EXTENSION RECOMMENDED (Crs Campbell/Wise) that Council provide an extension to the existing Lease for the Riverside Caravan Park, subject to an agreed capital works program being completed with three years.

FOR: Councillors Bilkey, Cohen, Crowe, Gorey, Mathers

and Wise

AGAINST: Councillor Campbell

ADOPTION

361017 RESOLVED (Crs Gorey/Crowe) that the Council move into Open Council at

4:32pm.

The Acting General Manager, on behalf of the Mayor, advised the decisions of the Confidential Committee in Open Council.

371017 RESOLVED (Crs Mathers/Crowe) that the recommendations of the

Confidential Committee be adopted.

088




THERE BEING NO FURTHER BUSINESS, THE MEETING CLOSED AT

4:33PM. The next Ordinary Meeting of Murray River Council will be held on Tuesday 21 November 2017, commencing at 1:00pm, at the Moama Seniors Community Centre, Martin Street, Moama.

THESE MINUTES ARE SIGNED AS A TRUE AND ACCURATE RECORD OF THE PROCEEDINGS OF THE ORDINARY MEETING OF THE MURRAY RIVER COUNCIL HELD ON 17 OCTOBER 2017, IN ACCORDANCE WITH A RESOLUTION OF THE COUNCIL ON 21 NOVEMBER 2017.

............................................................... MAYOR

089

Section: 5. CONFIRMATION OF MINUTES

Agenda Item: Extraordinary Meeting of 14 November 2017

Attachment 6.2.1 MINUTES EXTRAORDINARY 141117d raft

090

MINUTES of the Extraordinary Meeting 14 November 2017, 4:10pm Riverside Reception Centre

This is Page No. 1 of the Minutes of the Extraordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 14 November 2017 at the Riverside Reception Centre, 15 Murray Street, Barham.

PRESENT

Mayor, Councillor CR Bilkey (in the Chair) Councillors A Aquino, GS Campbell, NF Cohen, NH Gorey, AM Mathers and TE Weyrich

APOLOGIES Councillors A Crowe and GW Wise IN ATTENDANCE The following members of staff were also in attendance: D Bilske Acting General Manager L Palmer Director Corporate Services J Louw Director Engineering S Arkinstall Director Planning, Environment & Economic Development

ACKNOWLEDGEMENT OF COUNTRY

The Mayor opened the meeting with an Acknowledgement of Country.

OPENING PRAYER

The Mayor held a short appropriate prayer.

LEAVE OF ABSENCE/APOLOGIES

011117 RESOLVED (Crs Gorey/Campbell) that the apologies tendered on behalf of

Councillors A Crowe and GW Wise be accepted and that leave of absence from the meeting be granted.

091



CONFLICT OF INTEREST DECLARATIONS

There were no conflict of interest declarations received from the Councillors or staff on any matter within the meeting. CONFIRMATION OF MINUTES

There were no minutes of previous meetings of the Council that required

confirmation at the meeting. DEPUTATION

There were no deputations to be made on any matter within the meeting. MAYOR’S MINUTE

There was not a Mayoral Minute submitted to the meeting. STANDING COMMITTEE REPORTS

There were no standing committee reports submitted to the meeting. NOTICES OF MOTION/NOTICE OF RESCISSION

Councillors NH Gorey, A Aquino and GS Campbell submitted a Rescission

Motion for consideration in the Director Corporate Services Confidential Report to this meeting.

021117 RESOLVED (Crs Gorey/Aquino) that Council rescind motion number 371017

(Director Corporate Services Confidential Report, Clause 1) of 17 October 2017, Ordinary Meeting of Murray River Council, which reads:

RECOMMENDED (Crs Gorey/Crowe): 1. That the Council approve of the sale of 49 Parkman Avenue,

Barham, to the interested party, as outlined in the report. 2. That should the sale to the interested party, as outlined in the

report, not proceed, the property at 49 Parkman Avenue, Barham, is placed on the open market for sale with a reserve price of $640,000.

092



ACTING GENERAL MANAGER’S REPORT There was not a Acting General Manager’s Report submitted to the meeting.

OFFICER’S REPORTS

There were no Officer’s Reports submitted to the meeting. QUESTIONS ON NOTICE

There were no questions on notice submitted to the meeting. CORRESPONDENCE REPORT

There was not a Correspondence Report submitted to the meeting.

SUNDRY DELEGATES REPORTS

There was not a Sundry Delegates Report submitted to the meeting.

BIRTHS & CONDOLENCES

There were no notices of births or deaths submitted to the meeting.

CONFIDENTIAL REPORTS

021117 RESOLVED (Crs Cohen/Weyrich) that as provided by the Local Government

Act 1993, Section 10A(2), Subsection (g), being, advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege, and the public interest in protecting confidential information outweighs the public interest in ensuring accountability through open meetings, Council move into Committee of the Whole at 4:11pm.

093



DIRECTOR CORPORATE SERVICES CONFIDENTIAL REPORT

CLAUSE 1. PROPERTY SALE

031117 RECOMMENDED (Cr Campbell/Gorey) that Council rescind the confidential

recommendation of the Council as adopted at the Ordinary Meeting of Council of 17 October 2017 per Director Corporate Services Confidential Report, Clause 1, as follows: 1. That the Council approve of the sale of 49 Parkman Avenue, Barham, to

the interested party, as outlined in the report. 2. That should the sale to the interested party, as outlined in the report, not

proceed, the property at 49 Parkman Avenue, Barham, is placed on the open market for sale with a reserve price of $640,000.

041117 RECOMMENDED (Crs Campbell/Gorey) that Council agree to consent to the

sale of 49 Parkman Avenue, Barham, following receipt of the letter from the National Australia Bank (NAB) confirming that funds will be made available to release settlement funds in order for the property owners to meet their obligations under the judgment to Council, as outlined in the report.

ADOPTION

051117 RESOLVED (Crs Mathers/Aquino) that Council move into Open Council at 4:24pm.

The Acting General Manager, on behalf of the Mayor, advised the decisions of the Confidential Committee in Open Council.

061117 RESOLVED (Crs Mathers/Aquino) that the recommendations of the

Confidential Committee be adopted. THERE BEING NO FURTHER BUSINESS, THE MEETING CLOSED AT 4:25PM. THESE MINUTES ARE SIGNED AS A TRUE AND ACCURATE RECORD OF THE PROCEEDINGS OF THE EXTRAORDINARY MEETING OF THE MURRAY RIVER COUNCIL HELD ON 14 NOVEMBER 2017, IN ACCORDANCE WITH A RESOLUTION OF THE COUNCIL ON 28 NOVEMBER 2017.

............................................................... MAYOR

094

Section: 10. GENERAL MANAGER'S REPORT & SUPPLEMENTARYMATTERS

Agenda Item: CLAUSE 2. Draft Model Code of Conduct for Local Councilsin NSW

Attachment 11.2.1 Final - Model Code of Conduct Consultation Draft.pd

095

The Model Code of Conduct for Local Councils in NSWOctober 2017

CONSULTATION DRAFT096

The Model Code of Conduct for Local Councils in NSW

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DISCLAIMER While every effort has been made to ensure the accuracy of the information in this publication, the Office of Local Government expressly disclaims any liability to any person in respect of anything done or not done as a result of the contents of the publication or the data provided.

© NSW Office of Local Government, Department of Planning and Environment 2017 Produced by the NSW Office of Local Government, Department of Planning and Environment

THE MODEL CODE OF CONDUCT FOR LOCAL COUNCILS IN NSW October 2017

ACCESS TO SERVICES The Office of Local Government located at: Street Address: Levels 1 & 2, 5 O’Keefe Avenue, NOWRA NSW 2541 Postal Address: Locked Bag 3015, Nowra, NSW 2541 Phone: 02 4428 4100 Fax: 02 4428 4199 TTY: 02 4428 4209 Email: [email protected] Website: www.olg.nsw.gov.au

OFFICE HOURS Monday to Friday 9.00am to 5.00pm (Special arrangements may be made if these hours are unsuitable) All offices are wheelchair accessible.

CONSULTATION DRAFT

097

mailto:[email protected]

CONSULTATION DRAFT

Contents

Contents

PART 1 INTRODUCTION 4

PART 2 DEFINITIONS 6

PART 3 GENERAL CONDUCT OBLIGATIONS 10

PART 4 PECUNIARY INTERESTS 14

PART 5 NON-PECUNIARY CONFLICTS OF INTEREST 22

PART 6 PERSONAL BENEFIT 28

PART 7 RELATIONSHIPS BETWEEN COUNCIL OFFICIALS 32

PART 8 ACCESS TO INFORMATION AND COUNCIL RESOURCES 36

PART 9 MAINTAINING THE INTEGRITY OF THIS CODE 42

SCHEDULE 1: DISCLOSURES OF INTEREST 46

SCHEDULE 2: FORM OF RETURN – DISCLOSURE OF INTEREST 54

SCHEDULE 3: FORM OF SPECIAL DISCLOSURE OF PECUNIARY INTEREST 58

33098


Part 1:Introduction

4 099

CONSULTATION DRAFT

Introduction

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

Section 440 of the LGA requires every council to adopt a code of conduct that incorporates the provisions of the Model Code of Conduct. A council’s adopted code of conduct may include provisions that supplement the Model Code of Conduct.

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

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Part 2: Definitions

6 101

CONSULTATION DRAFT

In the Model Code of Conduct the following definitions apply:

LGA the Local Government Act 1993

act of disorder see the definition in clause 256 of the Local Government (General) Regulation 2005

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

Chief Executive Chief Executive of the Office of Local Government

Code means the Model Code of Conduct for Local Councils in NSW

committee a council committee

conflict of interest a conflict of interest exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your public duty

council committee a committee established by resolution of council other than a wholly advisory committee

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

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

councillor any person elected or appointed to civic office, including the mayor

conduct includes acts and omissions

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

designated person a person referred to in clause 4.8

election campaign includes council, state and federal election campaigns

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

Definitions

77102


CONSULTATION DRAFT

Office Office of Local Government

personal information information or an opinion about a person whose identity is apparent, or can be ascertained from the information or opinion

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

the Regulation the Local Government (General) Regulation 2005

The term “you” used in the Model Code of Conduct refers to council officials.

The phrase “this code” used in the Model Code of Conduct refers also to the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW prescribed under the Local Government (General) Regulation 2005.

88 103


Part 3: General Conduct Obligations

10 105

CONSULTATION DRAFT

General Conduct Obligations

General conduct3.1 You must not conduct yourself in carrying

out your functions in a manner that:

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

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

c) is improper or unethical

d) is an abuse of power

e) causes, comprises or involves intimidation or verbal abuse

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

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

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

Fairness and equity3.3 You must consider issues consistently,

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

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

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

Harassment and discrimination3.6 You must not harass or improperly

discriminate against others, and you must not support anyone who harasses or improperly discriminates against others. This includes, but is not limited to, harassment or discrimination on the grounds of sex, pregnancy, age, race, marital status, disability, sexuality, political or other affiliation. It also includes discrimination against those who are carers, those who identify as transgender persons, and those who have infectious diseases.

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

a) not wanted by the person

b) offends, humiliates or intimidates the person, and

c) creates a hostile environment.

Bullying3.8 You must not engage in bullying

behaviour towards another council official.

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

a) a person or a group of people repeatedly behaves unreasonably towards another council official or a group of council officials and

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

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

a) aggressive or intimidating conduct

b) belittling or humiliating comments

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c) spreading malicious rumours

d) teasing, practical jokes or ‘initiation ceremonies’

e) exclusion from work-related events

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

g) displaying offensive material

h) pressure to behave in an inappropriate manner.

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

a) performance management processes

b) disciplinary action for misconduct

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

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

e) maintaining reasonable workplace goals and standards.

Work health and safety3.12 All council officials, including councillors,

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

a) take reasonable care for your own health and safety

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

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

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

e) report accidents, incidents, near misses, to the general manager and take part in any incident investigations.

Land use planning, development assessment and other regulatory functions3.13 You must ensure that land use planning,

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

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

3.15 You must keep a written record of all meetings and other communications with applicants or objectors to planning

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applications. Councillors must disclose in writing any meetings and other communications with applicants or objectors to a planning application at a council or committee meeting where the planning application is under consideration.

3.16 For the purposes of clause 3.15, a “planning application” is:

a) an application for development consent, or for the modification of a development consent, or

b) an application for a complying development certificate, or an application for the modification of a complying development certificate, or

c) a formal request to initiate the making of an environmental planning instrument or development control plan in relation to development on a particular site.

Binding caucus votes3.17 You must not participate in binding caucus

votes in relation to matters to be considered at a council or committee meeting.

3.18 For the purposes of clause 3.17, a binding caucus vote is a process whereby a group of councillors are compelled by a threat of disciplinary or other adverse action to comply with a predetermined position on a matter before the council or committee, irrespective of the personal views of individual members of the group on the merits of the matter before the council or committee.

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

3.20 Clause 3.17 does not apply to a decision to elect the mayor or deputy mayor, or to nominate a person to be a member of a council committee or a representative of the council on an external body.

Obligations in relation to meetings3.21 You must comply with rulings by the chair

at council and committee meetings or other proceedings of the council.

3.22 You must not harass the chair, other council officials or any members of the public present during council or committee meetings or other proceedings of the council.

3.23 You must not engage in conduct that disrupts council or committee meetings or other proceedings of the council, or that would otherwise be inconsistent with the orderly conduct of meetings.

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

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

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

c) submit a large number of notices of motion, questions with notice or other business for consideration at a meeting of the council or a committee for the purposes of impeding the consideration of other business in the agenda for the meeting.

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Part 4: Pecuniary Interests

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What is a pecuniary interest?4.1 A pecuniary interest is an interest

that you have in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to you or a person referred to in clause 4.3.

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

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

(a) your interest, or

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

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

4.4 For the purposes of clause 4.3:

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

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

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

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

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

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

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

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

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

What interests do not have to be disclosed?4.6 You do not have to disclose the following

interests for the purposes of this Part:

(a) your interest as an elector

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

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

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

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

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

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

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

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

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

ii) security for damage to footpaths or roads

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

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

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

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

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

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

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

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

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Pecuniary Interests

What disclosures must be made by a designated person?4.8 Designated persons include:

(a) the general manager

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

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

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

4.9 A designated person:

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

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

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

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

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

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

What disclosures must be made by council staff other than designated persons? 4.14 A member of staff of council, other than

a designated person, must disclose in writing to their supervisor or the general manager the nature of any pecuniary interest they have in a matter they are dealing with as soon as practicable.

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

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What disclosures must be made by council advisers?4.16 A person who, at the request or with

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

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

What disclosures must be made by a council committee member?4.18 A council committee member must

disclose pecuniary interests in accordance with clause 4.29 and comply with clause 4.30.

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

What disclosures must be made by a councillor?4.20 A councillor:

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

(b) must disclose pecuniary interests in accordance with clause 4.29 and comply with clause 4.30.

Disclosure of interests in written returns4.21 A councillor or designated person

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

(a) becoming a councillor or designated person, and

(b) 30 June of each year, and

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

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

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

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

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

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

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

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

4.27 The general manager must cause the information contained in returns made and lodged by councillors and the general manager under clause 4.21, other than information disclosing the address of the councillor’s or general manager’s principal place of residence, to be published on the council’s website as soon as practicable after the returns are lodged. The general manager must cause the information published on the council’s website to be kept up to date.

4.28 Information contained in returns made and lodged by designated persons other than the general manager is not to be publicly disclosed (including in the tabling of the returns under clauses 4.25 and 4.26) unless the council decides to grant access to the information in response to an access request made under the Government Information (Public Access) Act 2009.

Disclosure of pecuniary interests at meetings4.29 A councillor or a council committee

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

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

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

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

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

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

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

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

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

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

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4.34 A person does not breach clauses 4.29 or 4.30 if the person did not know, and could not reasonably be expected to have known, that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

4.35 Despite clause 4.30, a councillor who has a pecuniary interest in a matter may participate in a decision to delegate consideration of the matter in question to another body or person.

4.36 Clause 4.30 does not apply to a councillor who has a pecuniary interest in a matter that is being considered at a meeting if:

(a) the matter is a proposal relating to:

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

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

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

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

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

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

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

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

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

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

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Part 5: Non-pecuniary Conflictsof Interest

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Non-pecuniary Conflicts of Interest

What is a non-pecuniary conflict of interest?5.1 Non-pecuniary interests are private or

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

5.2 A non-pecuniary conflict of interest exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your public duty.

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

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

5.5 The political views of a councillor do not constitute a private interest for the purposes of clause 5.2.

Managing non-pecuniary conflicts of interest5.6 Where you have a non-pecuniary conflict

of interest for the purposes of clause 5.2, you must disclose the relevant private interest fully and in writing as soon as practicable.

5.7 If a disclosure is made at a council or committee meeting, both the disclosure and the nature of the interest must be recorded in the minutes. This disclosure constitutes disclosure in writing for the purposes of clause 5.6.

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

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

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

b) other relationships that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship

c) an affiliation between the council official and an organisation, sporting body, club, corporation or association that is particularly strong, including, but not limited to, active participation in its management or administration and other activities

d) a financial interest that is not a pecuniary interest for the purposes of clause 4.1.

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

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5.10 If you have a significant non-pecuniary conflict of interest, you must manage it in one of two ways:

a) by removing yourself from consideration of the matter in which you have a significant non-pecuniary conflict of interest and arranging to have your duties in relation to the matter allocated to another person, or

b) if the significant non-pecuniary conflict of interest arises in relation to a matter you are required to consider at a council or committee meeting, by managing the conflict of interest as if you had a pecuniary interest in the matter by complying with clauses 4.29 and 4.30.

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

5.12 If you are a member of staff of council, the decision on which option should be taken to manage a non-pecuniary conflict of interest must be made in consultation with your manager.

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

Political donations5.14 Councillors should be aware that

matters before council or committee meetings involving their political donors may also give rise to a non-pecuniary conflict of interest.

5.15 Where a councillor has received or knowingly benefitted from a reportable political donation:

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

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

the councillor must declare a non-pecuniary conflict of interest, disclose the nature of the interest, and manage the conflict of interest as if they had a pecuniary interest in the matter by complying with clauses 4.29 and 4.30.

5.16 For the purposes of this Part:

a) a “reportable political donation” is a “reportable political donation” for the purposes of section 86 of the Election Funding, Expenditure and Disclosures Act 1981

b) a “major political donor” is a “major political donor” for the purposes of section 84 of the Election Funding, Expenditure and Disclosures Act 1981.

5.17 Councillors should note that political donations below $1000, or political donations to a registered political party or group by which a councillor is endorsed, may still give rise to a non-pecuniary conflict of interest. Councillors should determine whether or not such conflicts are significant for the purposes of clause 5.9 and take the appropriate action to manage them.

5.18 If a councillor has received or knowingly benefitted from a reportable political donation of the kind referred to in clause 5.15, that councillor is not prevented from participating in a decision to delegate consideration of the matter in question to another person (see clause 5.13 above).

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Loss of quorum as a result of compliance with this Part5.19 Where a majority of councillors is

precluded from consideration of a matter by compliance with a requirement under this Part, the council or committee must resolve to delegate consideration of the matter in question to another person.

5.20 Where a majority of councillors is precluded under this Part from consideration of a matter, and the matter in question concerns the exercise of a function that may not be delegated under section 377 of the LGA, the councillors may apply in writing to the Chief Executive to be exempted from complying with a requirement under this Part relating to the management of a non-pecuniary conflict of interest.

5.21 The Chief Executive will only exempt a councillor from complying with a requirement under this Part where:

a) compliance by councillors with a requirement under the Part in relation to a matter will result in the loss of a quorum, and

b) the matter relates to the exercise of a function of the council that may not be delegated under section 377 of the Act.

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

5.23 A councillor who would otherwise be precluded from participating in the consideration of a matter under this Part because they have a non-pecuniary

conflict of interest in the matter is permitted to participate in consideration of the matter if:

a) the matter is a proposal relating to

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

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

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

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

Other business or employment5.24 The general manager must not engage,

for remuneration, in private employment or contract work outside the service of the council without the approval of the council.

5.25 A member of staff must not engage, for remuneration, in private employment or contract work outside the service of the council that relates to the business of the council or that might conflict with the staff member’s council duties unless he or she has notified the general manager in writing of the employment or work.

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

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

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

a) conflict with their official duties

b) involve using confidential information or council resources obtained through their work with the council

c) require them to work while on council duty

d) discredit or disadvantage the council

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

Personal dealings with council5.29 You may have reason to deal with

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

5.30 You must undertake any personal dealings you have with the council in a manner that is consistent with the

way other members of the community deal with the council. In particular, you must not:

a) access council information for personal purposes

b) undertake personal dealings with the council during work time, or

c) approach council staff in staff only areas to discuss your personal dealings with the council.

You must also ensure that you disclose and appropriately manage any conflict of interest you may have in any matter in accordance with the requirements of this code.

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Part 6: Personal Benefit

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Personal Benefit

For the purposes of this section, a reference to a gift or benefit does not include a political donation for the purposes of the Election Funding, Expenditure and Disclosures Act 1981.

Gifts and benefits6.1 You must avoid situations giving rise to

the appearance that a person or body, through the provision of gifts, benefits or hospitality of any kind, is attempting to secure favourable treatment from you or from the council.

6.2 You must take all reasonable steps to ensure that your immediate family members do not receive gifts or benefits that give rise to the appearance of being an attempt to secure favourable treatment. Immediate family members include parents, spouses or de facto partners, children and siblings.

How are offers of gifts and benefits to be dealt with?6.3 You must not:

a) seek or accept a bribe or other improper inducement

b) seek gifts or benefits of any kind

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

d) accept any gift or benefit of value

e) accept an offer of cash or a cash-like gift, regardless of the amount

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

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

6.4 Where you are offered or receive a gift or benefit, you must disclose this promptly to your supervisor or the general manager in writing. The recipient, supervisor, or general manager must ensure that, at a minimum, the following details are recorded in the council’s gift register:

a) whether the gift was accepted or refused

b) the nature of the gift

c) the estimated monetary value of the gift

d) the name of the person who offered the gift, and

e) the date on which the gift was offered or received.

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

Token gifts and benefits6.6 Generally speaking, token gifts and

benefits include:

a) one or more gifts or benefits received from a person over a 12-month period that do not exceed a cumulative value of $50.

b) free or subsidised meals, beverages or refreshments provided in conjunction with:

i) the discussion of official business

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

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iii) conferences

iv) council functions or events

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

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

d) gifts of single bottles of alcohol to individual council officials at end of year functions, public occasions or in recognition of work done (such as providing a lecture/training session/address) that do not exceed a value of $50

e) ties, scarves, coasters, tie pins, diaries, chocolates or flowers

f) prizes that do not exceed $50 in value.

Gifts and benefits of value6.7 Gifts or benefits that exceed $50 in value

are to be treated as gifts or benefits of value and must not be accepted.

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

6.9 Gifts and benefits of value include, but are not limited to, tickets to major sporting events (such as international matches or matches in national sporting

codes with a ticket value that exceeds $50, corporate hospitality at a corporate facility at major sporting events, discounted products for personal use, the frequent use of facilities such as gyms, the use of holiday homes, free or discounted travel.)

6.10 Clause 6.9 does not apply to events that have been organised or sponsored by the council, where the person is required to attend the event for the purposes of performing their official functions.

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

“Cash-like gifts”6.12 For the purposes of clause 6.3(e), “cash-

like gifts” include but are not limited to, gift vouchers, credit cards, debit cards with credit on them, prepayments such as phone or internal credit, memberships or entitlements to discounts.

Improper and undue influence6.13 You must not use your position to influence

other council officials in the performance of their public or professional duties to obtain a private benefit for yourself or for somebody else. A councillor will not be in breach of this clause where they seek to influence other council officials through the proper exercise of their role as prescribed under the LGA.

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

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Relationships Between Council Officials

Obligations of councillors and administrators7.1 Each council is a body politic. The

councillors or administrator/s are the governing body of the council. Under section 223 of the LGA, the role of the governing body of the council includes the development and endorsement of the strategic plans, programs, strategies and policies of the council, including those relating to workforce policy.

7.2 Councillors or administrators must not:

a) direct council staff other than by giving appropriate direction to the general manager in the performance of the council’s functions by way of council or committee resolution, or by the mayor or administrator exercising their power under section 226 of the LGA (section 352)

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

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

d) contact or issue instructions to any of council’s contractors or tenderers, including council’s legal advisers, unless by the mayor or administrator exercising their power under section 226 of the LGA. Councillors may contact the council’s external auditor or the chair of the council’s audit risk and improvement committee to provide information reasonably

necessary for the external auditor or audit, risk and improvement committee to effectively perform their functions.

Obligations of staff7.3 Under section 335 of the LGA, the

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

7.4 Members of staff of council must:

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

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

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

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

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

Inappropriate interactions7.5 You must not engage in any of the

following inappropriate interactions:

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a) councillors and administrators approaching staff and staff organisations to discuss individual or operational staff matters including but not limited to industrial relations matters such as grievances, workplace investigations and disciplinary matters

b) council staff approaching councillors and administrators to discuss individual or operational staff matters including but not limited to industrial relations matters such as grievances, workplace investigations and disciplinary matters

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

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

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

f) councillors and administrators making personal attacks on council staff in public forums including social media

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

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

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

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

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Access To Information and Council Resources

Councillor and administrator access to information8.1 The general manager is responsible

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

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

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

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

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

8.6 Notwithstanding clause 8.4, councillors who are precluded from participating in the consideration of a matter under this code because they have a pecuniary or significant non-pecuniary conflict of interest in the matter, are not entitled to access to council information in relation to the matter unless the information is otherwise available to members of the

public, or the council has determined to make the information available under the GIPA Act.

Councillors and administrators to properly examine and consider information8.7 Councillors and administrators must

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

Refusal of access to documents8.8 Where the general manager or public

officer determine to refuse access to a document sought by a councillor or administrator, they must act reasonably. In reaching this decision they must take into account whether or not the document sought is required for the councillor or administrator to perform their official functions (see clause 8.2). The general manager or public officer must state the reasons for the decision if access is refused.

Use of certain council information8.9 In regard to information obtained in your

capacity as a council official, you must:

a) only access council information needed for council business

b) not use that council information for private purposes

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

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

Use and security of confidential information8.10 You must maintain the integrity and

security of confidential documents or information in your possession, or for which you are responsible.

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

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

b) protect confidential information

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

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

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

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

g) not disclose any information discussed during a confidential session of a council or committee meeting or any other confidential forum.

Personal information8.12 When dealing with personal information

you must comply with:

a) the Privacy and Personal Information Protection Act 1998

b) the Health Records and Information Privacy Act 2002

c) the Information Protection Principles and Health Privacy Principles

d) the council’s privacy management plan

e) the Privacy Code of Practice for Local Government

Use of council resources8.13 You must use council resources ethically,

effectively, efficiently and carefully in the course of your official duties, and must not use them for private purposes (except when supplied as part of a contract of employment) unless this use is lawfully authorised and proper payment is made where appropriate.

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

a) the representation of members with respect to disciplinary matters

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

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

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Access To Information and Council Resources

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

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

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

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

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

b) for other non-official purposes.

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

Internet access and use of social media8.20 You must not use council’s computer

resources or other mobile devices to search for, access, download or communicate any material of an offensive, obscene, pornographic, threatening, abusive or defamatory nature, or that could otherwise lead to criminal penalty or civil liability and/or damage the council’s reputation.

8.21 You must not use social media to post comments, photos, sound recordings or other information that:

a) compromises your capacity to perform your official duties in an unbiased manner

b) has the potential to have a negative impact on your working relationships within the council or with external parties

c) is offensive, humiliating, threatening or intimidating to other council officials or those that deal with the council

d) has the capacity to damage the council’s reputation or contains content about the council that may be misleading or deceptive

e) divulges confidential council information

f) breaches the privacy of other council officials or those that deal with council

g) contains allegations of suspected breaches of this code or information about the consideration of a matter under this code, or

h) could be perceived to be an official comment on behalf of the council where you have not been authorised to make such comment.

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Council record keeping8.22 All information received in your official

capacity is a council record and must be managed in accordance with the council’s approved record management practices and policies.

8.23 All information stored in either soft or hard copy on council supplied resources is deemed to be related to the business of the council and can be used by the council as a council record regardless of whether the original intention was to create the information for personal purposes.

Councillor access to council buildings8.24 Councillors and administrators are entitled

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

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

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

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Maintaining the Integrity of This Code

9.1 You must not conduct yourself in a manner that is likely to undermine confidence in the integrity of this code or its administration.

Complaints made for an improper purpose9.2 You must not make a complaint or cause a

complaint to be made under this code for an improper purpose.

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

a) to intimidate or harass another council official

b) to damage another council official’s reputation

c) to obtain a political advantage

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

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

f) to avoid disciplinary action under this code

g) to take reprisal action against a person for making a complaint under this code

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

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

Detrimental action9.4 You must not take detrimental action

or cause detrimental action to be taken against a person substantially in reprisal for a complaint they have made under this code.

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

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

a) injury, damage or loss

b) intimidation or harassment

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

d) dismissal from, or prejudice in, employment

e) disciplinary proceedings.

Compliance with requirements under this code 9.7 You must not engage in conduct that

is calculated to impede or disrupt the consideration of a matter under this code.

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

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

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

Disclosure of information about the consideration of a matter under this code9.11 All allegations of breaches of this

code must be dealt with under and in accordance with the Procedures.

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

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

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

Complaints alleging a breach of this part9.15 Complaints alleging a breach of this Part

by a councillor, the general manager or an administrator are to be managed by the Office. The Office may delegate the consideration of an alleged breach of this Part to the general manager, the mayor or to another person.

9.16 Complaints alleging a breach of this Part by other council officials are to be managed by the general manager.

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Part 1: PreliminaryDefinitions1. For the purposes of the schedules to this

code, the following definitions apply:

address means:

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

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

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

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

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

a) the allotment of shares in a company

b) the creation of a trust in respect of property

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

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

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

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

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

interest means:

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

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

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

occupation includes trade, profession and vocation.

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

property includes money.

return date means:

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

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

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

relative includes any of the following:

a) a person’s spouse or de facto partner

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

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

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

travel includes accommodation incidental to a journey.

Matters relating to the interests that must be included in returns2. Interests etc. outside New South Wales: A

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

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

a reference to any real property situated in Australia in which the councillor or designated person has an interest.

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

Part 2: Pecuniary interests to be disclosed in returnsReal property5. A person making a return under clause

4.21 of this code must disclose:

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

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

c) the nature of the interest.

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

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

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Schedule 1

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

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

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

Gifts 9. A person making a return under clause


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

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

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

a) it did not exceed $1000, unless it was among gifts totalling more than $1000 made by the same person during a period of 12 months or less, or

b) it was a political donation disclosed, or required to be disclosed, under Part 6 of the Election Funding Expenditure and Disclosures Act 1981, or

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

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

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

Contributions to travel12. A person making a return under clause


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

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

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

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

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

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

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

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

e) was a political donation disclosed, or required to be disclosed, under Part 6 of the Election Funding Expenditure and Disclosures Act 1981, or

f) was made by a political party of which the traveller was a member and the travel was undertaken for the purpose of political activity of the party in New

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South Wales, or to enable the traveller to represent the party within Australia, or

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

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

Interests and positions in corporations15. A person making a return under clause


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

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

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

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

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

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

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

c) prohibited from paying any dividend to its members.

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

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

Interests as a property developer or a close associate of a property developer19. A person making a return under clause

4.21 of this code must disclose whether they were a property developer, or a close associate of a corporation that is a property developer, on the return date.

20. For the purposes of clause 19:

close associate of a corporation means each of the following:

a) a director or officer of the corporation, or a related body corporate of the corporation, or the spouse of such a director or officer

b) a person whose voting power in the corporation, or a related body corporate of the corporation, is greater than 20% or the spouse of such a person

c) if the corporation is a trustee, manager or responsible entity in relation to a trust—a person who holds more than 20% of the units in the trust (in the case of a unit trust) or is a beneficiary of the trust (in the case of a discretionary trust)

d) if the corporation or a related body corporate of the corporation is a stapled entity in relation to a stapled

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security—a person who holds more than 20% of the units in the trust that is the other stapled entity.

officer, related body corporate and voting power have the same meanings as they have in the Corporations Act 2001 of the Commonwealth.

property developer means a person engaged in a business that regularly involves the making of relevant planning applications by or on behalf of the person in connection with the residential or commercial development of land, with the ultimate purpose of the sale or lease of the land for profit.

spouse of a person includes a de facto partner of that person.

Positions in trade unions and professional or business associations21. A person making a return under clause

4.21 of the code must disclose:

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

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

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

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

Dispositions of real property23. A person making a return under clause

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

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

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

Sources of income26. A person making a return under clause


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

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

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

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

(i) a description of the occupation, and

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

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

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

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

28. The source of any income need not be disclosed by a person in a return if the amount of the income received, or reasonably expected to be received, by the person from that source did not exceed $1000, or is not reasonably expected to exceed $1000, as the case may be.

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

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

Debts31. A person making a return under clause

4.21 of this code must disclose the name and address of each person to whom the person was liable to pay any debt:

a) on the return date, and

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

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

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

a) the amount to be paid did not exceed $1000 on the return date or in the period since 30 June of the previous financial year, as the case may be, unless:

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

(ii) the amounts to be paid exceeded, in the aggregate, $1000, or

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

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

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

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

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

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

Discretionary disclosures34. A person may voluntarily disclose in a

return any interest, benefit, advantage or liability, whether pecuniary or not, that is not required to be disclosed under another provision of this Schedule.

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Schedule 2: Form of Return – Disclosure of Interest

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Schedule 2

‘Disclosures by councillors and designated persons’ return1 The pecuniary interests and other

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

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

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

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

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

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

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

8 “*” means delete whichever is inapplicable.

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

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

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

If you are a councillor or the general manager, information in this return other than information about your principal place of residence will be published on the council’s website.

If you are a designated person other than the general manager, information in this return is not to be publicly disclosed by the council unless the council decides to grant access in response to an access request made under the Government Information (Public Access) Act 2009.

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

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

*as at [return date]

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

[councillor’s or designated person’s signature]

[date]

A. Real Property

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

Nature of interest

B. Sources of income

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

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

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

Name under which partnership conducted (if applicable)

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

*Sources of income I received from a trust since 30 June:

Name and address of settlor Name and address of trustee

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

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

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

C. Gifts

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

Name and address of donor

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D. Contributions to travel

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

Dates on which travel was undertaken

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

E. Interests and positions in corporations

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

Nature of interest (if any)

Description of position (if any)

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

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

G. Positions in trade unions and professional or business associations

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

Description of position

H. Debts

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

I. Dispositions of property

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

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

J. Discretionary disclosures

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Schedule 3: Form of Special Disclosure of Pecuniary Interest

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Schedule 2

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

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

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

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

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

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

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

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

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

to be held on the day of 20 .

Pecuniary interest

Address of land in which councillor or an associated person, company or body has a proprietary interest (the identified land)1

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

Councillor has interest in the land (e.g. is owner or has other interest arising out of a mortgage, lease, trust, option or contract, or otherwise).

Associated person of councillor has interest in the land.

Associated company or body of councillor has interest in the land.

Matter giving rise to pecuniary interest2

Current zone/planning control [Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]

Proposed change of zone/planning control [Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]

Effect of proposed change of zone/planning control on councillor or associated person [Insert one of the following: “Appreciable financial gain” or “Appreciable financial loss”]

[If more than one pecuniary interest is to be declared, reprint the above box and fill in for each additional interest.]

Councillor’s signature

Date

[This form is to be retained by the council’s general manager and included in full in the minutes of the meeting]

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Schedule 2

1 Clause 4.1 of the Model Code of Conduct provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter, or if the interest is of a kind specified in clause 4.6 of the Model Code of Conduct (for example, an interest as an elector or as a ratepayer or person liable to pay a charge).

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

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

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Agenda Item: CLAUSE 2. Draft Model Code of Conduct for Local Councilsin NSW

Attachment 11.2.2 Final - Procedures Consultati on Draft.pd

158

Procedures for the Administration of

The Model Code of Conduct for Local Councils in NSWOctober 2017


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

ALTERNATIVE MEDIA PUBLICATIONS Special arrangements can be made for our publications to be provided in large print or an alternative media format. If you need this service, please contact us on 02 4428 4100.

DISCLAIMER While every effort has been made to ensure the accuracy of the information in this publication, the Office of Local Government expressly disclaims any liability to any person in respect of anything done or not done as a result of the contents of the publication or the data provided.

© NSW Office of Local Government, Department of Planning and Environment 2017 Produced by the NSW Office of Local Government, Department of Planning and Environment

PROCEDURES FOR THE ADMINISTRATION OF THE MODEL CODE OF CONDUCT FOR LOCAL COUNCILS IN NSW October 2017

ACCESS TO SERVICES The Office of Local Government located at: Street Address: Levels 1 & 2, 5 O’Keefe Avenue, NOWRA NSW 2541 Postal Address: Locked Bag 3015, Nowra, NSW 2541 Phone: 02 4428 4100 Fax: 02 4428 4199 TTY: 02 4428 4209 Email: [email protected] Website: www.olg.nsw.gov.au

OFFICE HOURS Monday to Friday 9.00am to 5.00pm (Special arrangements may be made if these hours are unsuitable) All offices are wheelchair accessible.

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mailto:[email protected]

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Contents

Contents

PART 1 INTRODUCTION 4

PART 2 DEFINITIONS 6

PART 3 ADMINISTRATIVE FRAMEWORK 8

PART 4 HOW MAY CODE OF CONDUCT COMPLAINTS BE MADE? 12

PART 5 HOW ARE CODE OF CONDUCT COMPLAINTS TO BE MANAGED? 16

PART 6 PRELIMINARY ASSESSMENT OF CODE OF CONDUCT COMPLAINTS ABOUT COUNCILLORS OR THE GENERAL MANAGER BY CONDUCT REVIEWERS 24

PART 7 INVESTIGATIONS OF CODE OF CONDUCT COMPLAINTS ABOUT COUNCILLORS OR THE GENERAL MANAGER 30

PART 8 OVERSIGHT AND RIGHTS OF REVIEW 40

PART 9 PROCEDURAL IRREGULARITIES 44

PART 10 PRACTICE DIRECTIONS 46

PART 11 REPORTING STATISTICS ON CODE OF CONDUCT COMPLAINTS ABOUT COUNCILLORS AND THE GENERAL MANAGER 48

PART 12 CONFIDENTIALITY 50

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Part 1:Introduction

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Introduction

These procedures (“the Model Code Procedures”) are prescribed for the administration of the Model Code of Conduct for Local Councils in NSW (“the Model Code of Conduct”).

The Model Code of Conduct is made under section 440 of the Local Government Act 1993 (“the Act”) and the Local Government (General) Regulation 2005 (“the Regulation”). Section 440 of the Act requires every council to adopt a code of conduct that incorporates the provisions of the Model Code of Conduct.

The Model Code Procedures are made under section 440AA of the Act and the Regulation. Section 440AA of the Act requires every council to adopt procedures for the administration of their codes of conduct that incorporate the provisions of the Model Code Procedures.

In adopting procedures for the administration of their adopted codes of conduct, councils may supplement the Model Code Procedures. However, provisions that are not consistent with those prescribed under the Model Code Procedures will have no effect.

Note: Parts 6, 7, 8 and 11 of these Model Code Procedures apply only to the management of code-of-conduct complaints about councillors (including the mayor) or the general manager.

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Part 2: Definitions

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For the purposes of the procedures, the following definitions apply:

the Act the Local Government Act 1993

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

code of conduct a code of conduct adopted under section 440 of the Act

code of conduct complaint a complaint that is a code of conduct complaint for the purposes of clauses 4.1 and 4.2 of these procedures

complainant a person who makes a code of conduct complaint

complainant councillor a councillor who makes a code of conduct complaint

complaints coordinator a person appointed by the general manager under these procedures as a complaints coordinator

conduct reviewer a person appointed under these procedures to review allegations of breaches of the code of conduct by councillors or the general manager

council committee a committee established by resolution of council other than a wholly advisory committee

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

councillor a person elected or appointed to civic office and includes a mayor

council official any councillor, member of staff of council, administrator, council committee member, delegate of council and, for the purposes of clause 4.16 of the Model Code of Conduct, council adviser

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

the Office the Office of Local Government

investigator a conduct reviewer

the Regulation the Local Government (General) Regulation 2005

subject person a person whose conduct is the subject of investigation by a conduct reviewer under these procedures

Definitions

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Part 3: Administrative Framework

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Administrative Framework

The establishment of a panel of conduct reviewers3.1 The council must by resolution establish a

panel of conduct reviewers.

3.2 The council may by resolution enter into an arrangement with one or more other councils to share a panel of conduct reviewers including through a regional body associated with the councils.

3.3 The panel of conduct reviewers is to be established following a public expression of interest process.

3.4 An expression of interest for members of the council’s panel of conduct reviewers must, at a minimum, be advertised locally and in the Sydney metropolitan area.

3.5 To be eligible to be a conduct reviewer, a person must, at a minimum, meet the following requirements:

a) an understanding of local government, and

b) knowledge of investigative processes including but not limited to procedural fairness requirements and the requirements of the Public Interest Disclosures Act 1994, and

c) knowledge and experience of one or more of the following:

i) investigations

ii) law

iii) public administration

iv) public sector ethics

v) alternative dispute resolution, and

d) meet the eligibility requirements for membership of a panel of conduct reviewers under clause 3.6.

3.6 A person is not eligible to be a conduct reviewer if they are:

a) a councillor, or

b) a nominee for election as a councillor, or

c) an administrator, or

d) an employee of a council, or

e) a member of the Commonwealth Parliament or any State Parliament or Territory Assembly, or

f) a nominee for election as a member of the Commonwealth Parliament or any State Parliament or Territory Assembly, or

g) a person who has a conviction for an indictable offence that is not an expired conviction.

3.7 A person is not precluded from being a member of the council’s panel of conduct reviewers if they are a member of another council’s panel of conduct reviewers.

3.8 A panel of conduct reviewers established under this Part is to have a term of up to four years.

3.9 The council may terminate the panel of conduct reviewers at any time by resolution.

3.10 When the term of the conduct reviewers concludes or is terminated, the council must establish a new panel of conduct reviewers in accordance with the requirements of this Part.

3.11 A person who was a member of a previous panel of conduct reviewers established by the council may be a member of subsequent panels of conduct reviewers established by the council.

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The appointment of complaints coordinators3.12 The general manager must appoint a

member of staff of the council or another person (such as, but not limited to, a member of staff of another council or a regional body associated with the council), to act as a complaints coordinator. Where the complaints coordinator is a member of staff of the council, the complaints coordinator should be a senior and suitably qualified member of staff.

3.13 The general manager may appoint other members of staff of the council or other persons (such as, but not limited to, members of staff of another council or a regional body associated with the council), to act as alternates to the complaints coordinator.

3.14 The general manager must not undertake the role of complaints coordinator.

3.15 The person appointed as complaints coordinator or alternate complaints coordinator must also be a nominated disclosures coordinator appointed for the purpose of receiving and managing reports of wrongdoing under the Public Interest Disclosures Act 1994.

3.16 The role of the complaints coordinator is to:

a) coordinate the management of complaints made under the council’s code of conduct

b) liaise with and provide administrative support to a conduct reviewer or conduct review committee

c) liaise with the Office and

d) arrange the annual reporting of code of conduct complaints statistics.

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Part 4: How May Code Of Conduct Complaints be Made?

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What is a code of conduct complaint?4.1 For the purpose of these procedures, a

code of conduct complaint is a complaint that alleges conduct on the part of a council official in connection with their role as a council official or the exercise of their functions as a council official that would constitute a breach of the standards of conduct prescribed under the council’s code of conduct.

4.2 The following are not “code of conduct complaints” for the purposes of these procedures:

a) complaints about the standard or level of service provided by the council or a council official

b) complaints about the merits of a decision made by the council or a council official or the exercise of a discretion by the council or a council official

c) complaints about the policies or procedures of the council

d) complaints about the exercise in good faith by a council official of their functions, whether or not involving error.

4.3 Only code of conduct complaints are to be dealt with under these procedures. Complaints that do not satisfy the definition of a code of conduct complaint are to be dealt with under council’s routine complaints management processes.

When must a code of conduct complaint be made?4.4 A code of conduct complaint must be

made within three months of the alleged conduct occurring or within three months of the complainant becoming aware of the alleged conduct.

4.5 A complaint made after 3 months may only be accepted if the general manager or their delegate, or, in the case of a complaint about the general manager, the mayor or their delegate, is satisfied that there are compelling grounds for the matter to be dealt with under the code of conduct.

How may a code of conduct complaint about a council official other than the general manager be made?4.6 All code of conduct complaints other than

those relating to the general manager are to be made to the general manager in writing. This clause does not operate to prevent a person from making a complaint to an external agency.

4.7 Where a code of conduct complaint about a council official other than the general manager cannot be made in writing, the complaint must be confirmed with the complainant in writing as soon as possible after the receipt of the complaint.

4.8 In making a code of conduct complaint about a council official other than the general manager, the complainant may nominate whether they want the complaint to be resolved by mediation or by other alternative means.

How May Code Of Conduct Complaints be Made?

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4.9 The general manager or their delegate, or, where the complaint is referred to a conduct reviewer, the conduct reviewer, must consider the complainant’s preferences in deciding how to deal with the complaint.

4.10 Notwithstanding clauses 4.6 and 4.7, where the general manager becomes aware of a possible breach of the council’s code of conduct, he or she may initiate the process for the consideration of the matter under these procedures without a written complaint.

How may a code of conduct complaint about the general manager be made?4.11 Code of conduct complaints about the

general manager are to be made to the mayor in writing. This clause does not operate to prevent a person from making a complaint about the general manager to an external agency.

4.12 Where a code of conduct complaint about the general manager cannot be made in writing, the complaint must be confirmed with the complainant in writing as soon as possible after the receipt of the complaint.

4.13 In making a code of conduct complaint about the general manager, the complainant may nominate whether they want the complaint to be resolved by mediation or by other alternative means.

4.14 The mayor or their delegate, or, where the complaint is referred to a conduct reviewer, the conduct reviewer, must consider the complainant’s preferences in deciding how to deal with the complaint.

4.15 Notwithstanding clauses 4.11 and 4.12, where the mayor becomes aware of a possible breach of the council’s code of conduct by the general manager, he or she may initiate the process for the consideration of the matter under these procedures without a written complaint.

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Part 5: How are Code of ConductComplaints to be Managed?

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Delegation by general managers and mayors of their functions under this Part5.1 A general manager or mayor may

delegate his or her functions under this Part to a member of staff of the council or to a person or persons external to the council other than a state government agency. References in this part to the general manager or mayor are also to be taken to be references to their delegates.

What complaints may be declined at the outset?5.2 Without limiting any other provision in

these procedures, the general manager or, in the case of a complaint about the general manager, the mayor, may decline to deal with a complaint under these procedures where he or she is satisfied that the complaint:

a) is not a code of conduct complaint, or

b) subject to clause 4.5, is not made within 3 months of the alleged conduct occurring or the complainant becoming aware of the alleged conduct, or

c) is trivial, frivolous, vexatious or not made in good faith, or

d) relates to a matter the substance of which has previously been considered and addressed by the council and does not warrant further action, or

e) is not made in a way that would allow the alleged conduct and any alleged breaches of the council’s code of conduct to be readily identified.

How are code of conduct complaints about staff (other than the general manager) to be dealt with?5.3 The general manager is responsible for

the management of code of conduct complaints about members of staff of council (other than complaints alleging a breach of the pecuniary interest provisions contained in Part 4 of the code of conduct) and for determining the outcome of such complaints.

5.4 The general manager must refer code of conduct complaints about members of staff of council alleging a breach of the pecuniary interest provisions contained in Part 4 of the code of conduct to the Office.

5.5 The general manager may decide to take no action in relation to a code of conduct complaint about a member of staff of council other than one requiring referral to the Office under clause 5.4 on grounds that he or she considers that no action is warranted in relation to the complaint.

5.6 Where the general manager decides to take no action in relation to a code of conduct complaint about a member of staff of council, the general manager must give the complainant reasons in writing for their decision and this shall finalise the consideration of the matter under these procedures.

5.7 Code of conduct complaints about members of staff of council must be managed in accordance with the relevant industrial instrument or employment contract and make provision for procedural fairness including the right of an employee to be represented by their union.

How are Code of Conduct Complaints to be Managed?

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5.8 Sanctions for breaches of the code of conduct by staff depend on the severity, scale and importance of the breach and must be determined in accordance with any relevant industrial instruments or contracts.

How are code of conduct complaints about delegates of council, council advisers and council committee members to be dealt with?5.9 The general manager is responsible for

the management of code of conduct complaints about delegates of council and council committee members (other than complaints alleging a breach of the pecuniary interest provisions contained in Part 4 of the code of conduct) and for determining the outcome of such complaints.

5.10 The general manager must refer code of conduct complaints about council advisers, delegates of council and council committee members alleging a breach of the pecuniary interest provisions contained in Part 4 of the code of conduct to the Office.

5.11 The general manager may decide to take no action in relation to a code of conduct complaint about a delegate of council or a council committee member other than one requiring referral to the Office under clause 5.10 on the grounds that he or she considers that no action is warranted in relation to the complaint.

5.12 Where the general manager decides to take no action in relation to a code of conduct complaint about a delegate of council or a council committee member,

the general manager must give the complainant reasons in writing for their decision and this shall finalise the consideration of the matter under these procedures.

5.13 Where the general manager considers it to be practicable and appropriate to do so, the general manager may seek to resolve code of conduct complaints about delegates of council or council committee members, by alternative means such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation or a voluntary apology. The resolution of a code of conduct complaint under this clause is not to be taken as a determination that there has been a breach of the council’s code of conduct.

5.14 Where the general manager resolves a code of conduct complaint under clause 5.13 to the general manager’s satisfaction, the general manager must notify the complainant in writing of the steps taken to resolve the complaint and this shall finalise the consideration of the matter under these procedures.

5.15 Sanctions for breaches of the code of conduct by delegates of council and/or council committee members depend on the severity, scale and importance of the breach and may include one or more of the following:

a) censure

b) requiring the person to apologise to any person or organisation adversely affected by the breach in such a time and form specified by the general manager

c) prosecution for any breach of the law

d) removing or restricting the person’s delegation

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e) removing the person from membership of the relevant council committee.

5.16 Prior to imposing a sanction against a delegate of council or a council committee member under clause 5.15, the general manager or any person making enquiries on behalf of the general manager must comply with the requirements of procedural fairness. In particular:

a) the substance of the allegation (including the relevant provision/s of the council’s code of conduct that the alleged conduct is in breach of) must be put to the person who is the subject of the allegation, and

b) the person must be given an opportunity to respond to the allegation, and

c) the general manager must consider the person’s response in deciding whether to impose a sanction under clause 5.15.

How are code of conduct complaints about administrators to be dealt with?5.17 The general manager must refer all

code of conduct complaints about administrators to the Office for its consideration.

5.18 The general manager must notify the complainant of the referral of their complaint in writing.

How are code of conduct complaints about councillors to be dealt with?5.19 The general manager must refer the

following code of conduct complaints about councillors to the Office:

a) complaints alleging a breach of the pecuniary interest provisions contained in Part 4 of the code of conduct

b) complaints alleging a failure to comply with a requirement under the code of conduct to disclose and appropriately manage conflicts of interest arising from political donations (see section 328B of the Act)

c) complaints alleging a breach of the provisions relating to the maintenance of the integrity of the code of conduct contained in Part 9 of the code of conduct

d) complaints that are the subject of a special complaints management arrangement with the Office under clause 5.47.

5.20 Where the general manager refers a complaint to the Office under clause 5.19, the general manager must notify the complainant of the referral in writing.

5.21 The general manager may decide to take no action in relation to a code of conduct complaint about a councillor, other than one requiring referral to the Office under clause 5.19, on grounds that he or she considers that no action is warranted in relation to the complaint.

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5.22 Where the general manager decides to take no action in relation to a code of conduct complaint about a councillor, the general manager must give the complainant reasons in writing for their decision and this shall finalise the consideration of the matter under these procedures.

5.23 Where the general manager considers it to be practicable and appropriate to do so, the general manager may seek to resolve code of conduct complaints about councillors, other than those requiring referral to the Office under clause 5.19, by alternative means such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation or a voluntary apology. The resolution of a code of conduct complaint under this clause is not to be taken as a determination that there has been a breach of the council’s code of conduct.

5.24 Where the general manager resolves a code of conduct complaint under clause 5.23 to the general manager’s satisfaction, the general manager must notify the complainant in writing of the steps taken to resolve the complaint and this shall finalise the consideration of the matter under these procedures.

5.25 The general manager must refer all code of conduct complaints about councillors, other than those referred to the Office under clause 5.19 or finalised under clause 5.22 or resolved under clause 5.23, to the complaints coordinator.

How are code of conduct complaints about the general manager to be dealt with?5.26 The mayor must refer the following code

of conduct complaints about the general manager to the Office:

a) complaints alleging a breach of the pecuniary interest provisions contained in Part 4 of the code of conduct

b) complaints alleging a breach of the provisions relating to the maintenance of the integrity of the code of conduct contained in Part 9 of the code of conduct

c) complaints that are the subject of a special complaints management arrangement with the Office under clause 5.47.

5.27 Where the mayor refers a complaint to the Office under clause 5.26, the mayor must notify the complainant of the referral in writing.

5.28 The mayor may decide to take no action in relation to a code of conduct complaint about the general manager, other than one requiring referral to the Office under clause 5.26, on grounds that he or she considers that no action is warranted in relation to the complaint.

5.29 Where the mayor decides to take no action in relation to a code of conduct complaint about the general manager, the mayor must give the complainant reasons in writing for their decision and this shall finalise the consideration of the matter under these procedures.

5.30 Where the mayor considers it to be practicable and appropriate to do so, he or she may seek to resolve code of

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conduct complaints about the general manager, other than those requiring referral to the Office under clause 5.26, by alternative means such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation or a voluntary apology. The resolution of a code of conduct complaint under this clause is not to be taken as a determination that there has been a breach of the council’s code of conduct.

5.31 Where the mayor resolves a code of conduct complaint under clause 5.30 to the mayor’s satisfaction, the mayor must notify the complainant in writing of the steps taken to resolve the complaint and this shall finalise the consideration of the matter under these procedures.

5.32 The mayor must refer all code of conduct complaints about the general manager, other than those referred to the Office under clause 5.26 or finalised under clause 5.28 or resolved under clause 5.30, to the complaints coordinator.

How are complaints about both the general manager and the mayor to be dealt with?5.33 Where the general manager or mayor

receives a code of conduct complaint that alleges a breach of the code of conduct by both the general manager and the mayor, the general manager or mayor must either:

a) delegate their functions under this part with respect to the complaint to a member of staff of the council other than the general manager or to a person external to the council, or

b) refer the matter to the complaints coordinator under clause 5.25 and clause 5.32.

Referral of code of conduct complaints to external agencies5.34 The general manager, mayor or a conduct

reviewer may, at any time, refer a code of conduct complaint to an external agency or body such as, but not limited to, the Office, the Independent Commission Against Corruption, the NSW Ombudsman or the police for its consideration, where they consider such a referral is warranted.

5.35 Where the general manager, mayor or conduct reviewer refers a complaint to an external agency or body under clause 5.34, they must notify the complainant of the referral in writing where it is appropriate for them to do so.

5.36 Referral of a matter to an external agency or body shall finalise consideration of the matter under the code of conduct unless the council is subsequently advised otherwise by the referral agency or body.

Disclosure of the identity of complainants5.37 In dealing with matters under these

procedures, information that identifies or tends to identify complainants is not to be disclosed unless:

a) the complainant consents in writing to the disclosure, or

b) it is generally known that the complainant has made the complaint as a result of the complainant having voluntarily identified themselves as the person who made the complaint, or

c) it is essential, having regard to procedural fairness requirements, that the identifying information be disclosed, or

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d) a conduct reviewer is of the opinion that disclosure of the information is necessary to investigate the matter effectively, or

e) it is otherwise in the public interest to do so.

5.38 Clause 5.37 does not apply to code of conduct complaints made by councillors about other councillors or the general manager.

5.39 Where a councillor makes a code of conduct complaint about another councillor or the general manager, and the complainant councillor considers that compelling grounds exist that would warrant information that identifies or tends to identify them as the complainant not to be disclosed, they may request in writing that such information not be disclosed.

5.40 A request made by a complainant councillor under clause 5.39 must be made at the time they make a code of conduct complaint and must state the grounds upon which the request is made.

5.41 The general manager or mayor, and where the matter is referred to a conduct reviewer, the conduct reviewer, must consider a request made under clause 5.39 before disclosing information that identifies or tends to identify the complainant councillor, but they are not obliged to comply with the request.

5.42 Where a complainant councillor makes a request under clause 5.39, the general manager or mayor or, where the matter is referred to a conduct reviewer, the conduct reviewer, shall notify the councillor in writing of their intention to disclose information that identifies or tends to identify them prior to disclosing the information.

Code of conduct complaints made as public interest disclosures 5.43 Code of conduct complaints that are

made as public interest disclosures under the Public Interest Disclosures Act 1994 are to be managed in accordance with the requirements of that Act, the council’s internal reporting policy, and any guidelines issued by the NSW Ombudsman that relate to the management of public interest disclosures.

5.44 Where a councillor makes a code of conduct complaint about another councillor or the general manager as a public interest disclosure, before the matter may be dealt with under these procedures, the complainant councillor must consent in writing to the disclosure of their identity as the complainant.

5.45 Where a complainant councillor declines to consent to the disclosure of their identity as the complainant under clause 5.44, the general manager or the mayor must refer the complaint to the Office for consideration. Such a referral must be made under section 26 of the Public Interest Disclosures Act 1994.

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Special complaints management arrangements5.46 The general manager may request in

writing that the Office enter into a special complaints management arrangement with the council in relation to code of conduct complaints made by or about a person or persons.

5.47 Where the Office receives a request under clause 5.46, it may agree to enter into a special complaints management arrangement if it is satisfied that the number or nature of code of conduct complaints made by or about a person or persons has:

a) imposed an undue and disproportionate cost burden on the council’s administration of its code of conduct, or

b) impeded or disrupted the effective administration by the council of its code of conduct, or

c) impeded or disrupted the effective functioning of the council.

5.48 A special complaints management arrangement must be in writing and must specify the following:

a) the code of conduct complaints the arrangement relates to, and

b) the period that the arrangement will be in force.

5.49 The Office may, by notice in writing, amend or terminate a special complaints management arrangement at any time.

5.50 While a special complaints management arrangement is in force, an officer of the Office (the assessing OLG officer) must undertake the preliminary assessment of the code of conduct complaints specified

in the arrangement in accordance with the requirements of Part 6 of these procedures.

5.51 Where, following a preliminary assessment, the assessing OLG officer determines that a code of conduct complaint warrants investigation by a conduct reviewer, the assessing OLG officer shall notify the complaints coordinator in writing of their determination and the reasons for their determination. The complaints coordinator must comply with the recommendation of the assessing OLG officer.

5.52 Prior to the expiry of a special complaints management arrangement, the Office may, at the request of the general manager, review the arrangement to determine whether it should be renewed or amended.

5.53 A special complaints management arrangement shall expire on the date specified in the arrangement unless renewed under clause 5.52.


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Preliminary Assessment of Code of Conduct Complaints About Councillors or the General Manager by Conduct Reviewers

Referral of code of conduct complaints about councillors or the general manager to conduct reviewers 6.1 The complaints coordinator must refer

all code of conduct complaints about councillors or the general manager submitted to the complaints coordinator to a conduct reviewer within 21 days of receipt of a complaint by the general manager or the mayor.

6.2 For the purposes of clause 6.1, the complaints coordinator will refer a complaint to a conduct reviewer selected from:

a) a panel of conduct reviewers established by the council, or

b) a panel of conduct reviewers established by an organisation approved by the chief executive of the Office.

6.3 In selecting a suitable conduct reviewer, the complaints coordinator may have regard to the qualifications and experience of members of the panel of conduct reviewers. Where the conduct reviewer is an incorporated or other entity, the complaints coordinator must also ensure that the person assigned to receive the referral on behalf of the entity meets the selection and eligibility criteria for conduct reviewers prescribed under Part 3 of these procedures.

6.4 A conduct reviewer must not accept the referral of a code of conduct complaint where:

a) they have a conflict of interest in relation to the matter referred to them, or

b) a reasonable apprehension of bias arises in relation to their consideration of the matter, or

c) they or their employer has entered into one or more contracts with the council (other than contracts relating to the exercise of their functions as a conduct reviewer) in the 2 years preceding the referral, and they or their employer have received or expect to receive payments under the contract or contracts of a cumulative value that exceeds $100,000, or

d) at the time of the referral, they or their employer are the council’s legal service providers or are a member of a panel of legal service providers appointed by the council.

6.5 For the purposes of clause 6.4(a), a conduct reviewer will have a conflict of interest in a matter where a reasonable and informed person would perceive that they could be influenced by a private interest when carrying out their public duty (see clause 5.2 of the Model Code of Conduct).

6.6 For the purposes of clause 6.4(b), a reasonable apprehension of bias arises where a fair-minded observer might reasonably apprehend that the conduct reviewer might not bring an impartial and unprejudiced mind to the matter referred to the conduct reviewer.

6.7 Where the complaints coordinator refers a matter to a conduct reviewer, they will provide the conduct reviewer with a copy of the code of conduct complaint and any other information relevant to the matter held by the council, including any information about previous proven breaches and any information that would indicate that the alleged conduct forms part of an ongoing pattern of behaviour.

6.8 The complaints coordinator must notify the complainant in writing that the matter has been referred to a conduct reviewer, and advise which conduct reviewer the matter has been referred to.

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6.9 Where a matter has been referred to a conduct reviewer, the conduct reviewer must comply with these procedures in their consideration of the matter and exercise their functions in a diligent and timely manner.

6.10 The complaints coordinator may at any time terminate the referral of a matter to a conduct reviewer and refer the matter to another conduct reviewer where the complaints coordinator is satisfied that the conduct reviewer has failed to:

a) comply with these procedures in their consideration of the matter, or

b) comply with a lawful and reasonable request by the complaints coordinator, or

c) exercise their functions in a timely or satisfactory manner.

Preliminary assessment of code of conduct complaints about councillors or the general manager by a conduct reviewer6.11 The conduct reviewer is to undertake a

preliminary assessment of a complaint referred to them by the complaints coordinator for the purposes of determining how the complaint is to be managed.

6.12 The conduct reviewer may determine to do one or more of the following in relation to a complaint referred to them by the complaints coordinator:

a) to take no action

b) to resolve the complaint by alternative and appropriate strategies such as, but not limited to, explanation,

counselling, training, mediation, informal discussion, negotiation or a voluntary apology

c) to refer the matter back to the general manager or, in the case of a complaint about the general manager, the mayor, for resolution by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation, or a voluntary apology

d) to refer the matter to another agency or body such as, but not limited to, the ICAC, the NSW Ombudsman, the Office or the police

e) to investigate the matter.

6.13 In determining how to deal with a matter under clause 6.12, the conduct reviewer must have regard to the complaint assessment criteria prescribed under clause 6.30.

6.14 The conduct reviewer may make such enquiries the conduct reviewer considers to be reasonably necessary to determine what options to exercise under clause 6.12.

6.15 The conduct reviewer may request the complaints coordinator to provide such additional information the conduct reviewer considers to be reasonably necessary to determine what options to exercise in relation to the matter under clause 6.12. The complaints coordinator will, as far as is reasonably practicable, supply any information requested by the conduct reviewer.

6.16 The conduct reviewer must refer to the Office any complaints referred to him or her that should have been referred to the Office under clauses 5.19 and 5.26.

6.17 The conduct reviewer must determine to take no action on a complaint that is not a code of conduct complaint for the purposes of these procedures.

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6.18 The resolution of a code of conduct complaint under clause 6.12, paragraphs (b) or (c) is not to be taken as a determination that there has been a breach of the council’s code of conduct.

6.19 Where the conduct reviewer completes their preliminary assessment of a complaint by determining to exercise an option under clause 6.12, paragraphs (a), (b) or (c), they must provide the complainant with written notice of their determination and provide reasons for it, and this will finalise consideration of the matter under these procedures.

6.20 Where the conduct reviewer refers a complaint to another agency or body, they must notify the complainant of the referral in writing where it is appropriate for them to do so.

6.21 The conduct reviewer may only determine to investigate a matter where they are satisfied as to the following:

a) that the complaint is a “code of conduct complaint” for the purposes of these procedures, and

b) that the alleged conduct is sufficiently serious to warrant investigation, and

c) that the matter is one that could not or should not be resolved by alternative means.

6.22 In determining whether a matter is sufficiently serious to warrant investigation, the conduct reviewer is to consider the following:

a) the harm or cost that the alleged conduct has caused to any affected individuals and/or the council

b) the likely impact of the alleged conduct on the reputation of the council and public confidence in it

c) whether the alleged conduct was deliberate or undertaken with reckless intent or negligence

d) any previous proven breaches by the person whose alleged conduct is the subject of the complaint and/or whether the alleged conduct forms part of an ongoing pattern of behaviour.

6.23 The conduct reviewer must complete their preliminary assessment of the complaint within 28 days of referral of the matter to them by the complaints coordinator.

6.24 The conduct reviewer is not obliged to give prior notice to or to consult with any person before making a determination in relation to their preliminary assessment of a complaint, except as may be specifically required under these procedures.

Referral back to the general manager or mayor for resolution6.25 Where the conduct reviewer determines

to refer a matter back to the general manager or to the mayor to be resolved by alternative and appropriate means, they must write to the general manager or, in the case of a complaint about the general manager, to the mayor, recommending the means by which the complaint may be resolved.

6.26 The conduct reviewer must consult with the general manager or mayor prior to referring a matter back to them under clause 6.12(c).

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6.27 The general manager or mayor may decline to accept the conduct reviewer’s recommendation. In such cases, the conduct reviewer may determine to deal with the complaint by other means under clause 6.12.

6.28 Where the conduct reviewer refers a matter back to the general manager or mayor under clause 6.12(c), the general manager or, in the case of a complaint about the general manager, the mayor, is responsible for implementing or overseeing the implementation of the conduct reviewer’s recommendation.

6.29 Where the conduct reviewer refers a matter back to the general manager or mayor under clause 6.12(c), the general manager, or, in the case of a complaint about the general manager, the mayor, must advise the complainant in writing of the steps taken to implement the conduct reviewer’s recommendation once these steps have been completed.

Complaints assessment criteria6.30 In undertaking the preliminary assessment

of a complaint, the conduct reviewer may have regard to the following considerations:

a) whether the complaint is a “code of conduct complaint” for the purpose of these procedures

b) whether the complaint has been made in a timely manner in accordance with clause 4.4, and if not, whether there are compelling grounds for the matter to be dealt with under the council’s code of conduct

c) whether the complaint is trivial, frivolous, vexatious or not made in good faith

d) whether the complaint discloses prima facie evidence of conduct that, if proven, would constitute a breach of the code

e) whether the complaint raises issues that would be more appropriately dealt with by another agency or body

f) whether there is or was an alternative and satisfactory means of redress available in relation to the conduct complained of

g) whether the complaint is one that can be resolved by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, informal discussion, negotiation or a voluntary apology

h) whether the issue/s giving rise to the complaint have previously been addressed or resolved

i) any previous proven breaches of the council’s code of conduct

j) whether the conduct complained of forms part of an ongoing pattern of behaviour

k) whether there were mitigating circumstances giving rise to the conduct complained of

l) the seriousness of the alleged conduct (having regard to the criteria specified in clause 6.22)

m) the significance of the conduct or the impact of the conduct for the council

n) how much time has passed since the alleged conduct occurred

o) such other considerations that the conduct reviewer considers may be relevant to the assessment of the complaint.

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Investigations of Code of Conduct Complaints About Councillors or the General Manager

What matters may a conduct reviewer investigate?7.1 A conduct reviewer (hereafter referred

to as an “investigator”) may investigate a code of conduct complaint that has been referred to them by the complaints coordinator and any matters related to or arising from that complaint.

7.2 Where an investigator identifies further separate possible breaches of the code of conduct that are not related to or arise from the code of conduct complaint that has been referred to them, they are to report the matters separately in writing to the general manager, or, in the case of alleged conduct on the part of the general manager, to the mayor.

7.3 The general manager or the mayor or their delegate is to deal with a matter reported to them by an investigator under clause 7.2 as if it were a new code of conduct complaint in accordance with these procedures.

How are investigations to be commenced?7.4 The investigator must at the outset of

their investigation provide a written notice of investigation to the subject person. The notice of investigation must:

a) disclose the substance of the allegations against the subject person, and

b) advise of the relevant provisions of the code of conduct that apply to the alleged conduct, and

c) advise of the process to be followed in investigating the matter, and

d) invite the subject person to make a written submission in relation to the matter within at least 14 days or such other period specified by the investigator in the notice, and

e) provide the subject person the opportunity to address the investigator on the matter within such reasonable time specified in the notice.

7.5 The subject person may, within 7 days of receipt of the notice of investigation, request in writing that the investigator provide them with such further information they consider necessary to assist them to identify the substance of the allegation against them. An investigator will only be obliged to provide such information that the investigator considers reasonably necessary for the subject person to identify the substance of the allegation against them.

7.6 An investigator may at any time prior to issuing a draft report, issue an amended notice of investigation to the subject person in relation to the matter referred to them.

7.7 Where an investigator issues an amended notice of investigation, they will provide the subject person with a further opportunity to make a written submission in response to the amended notice of investigation within at least 14 days or such other period specified by the investigator in the amended notice.

7.8 The investigator must also, at the outset of their investigation, provide written notice of the investigation to the complainant, the complaints coordinator and the general manager, or in the case of a complaint about the general manager, to the complainant, the complaints coordinator and the mayor. The notice must:

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a) advise them of the matter the investigator is investigating, and

b) in the case of the notice to the complainant, invite them to make a written submission in relation to the matter within at least 14 days or such other period specified by the investigator in the notice.

Written and oral submissions7.9 Where the subject person or the

complainant fails to make a written submission in relation to the matter within the period specified by the investigator in their notice of investigation or amended notice of investigation, the investigator may proceed to prepare their draft report without receiving such submissions.

7.10 The investigator may accept written submissions received outside the period specified in the notice of investigation or amended notice of investigation.

7.11 Prior to preparing a draft report, the investigator must give the subject person an opportunity to address the investigator on the matter being investigated. The subject person may do so in person or by telephone or other electronic means.

7.12 Where the subject person fails to accept the opportunity to address the investigator within the period specified by the investigator in the notice of investigation, the investigator may proceed to prepare a draft report without hearing from the subject person.

7.13 Where the subject person accepts the opportunity to address the investigator in person, they may have a support person or legal adviser in attendance. The support person or legal adviser will act in an advisory or support role to the subject

person only. They must not speak on behalf of the subject person or otherwise interfere with or disrupt proceedings.

7.14 The investigator must consider all written and oral submissions made to them in relation to the matter.

How are investigations to be conducted?7.15 Investigations are to be undertaken

without undue delay.

7.16 Investigations are to be undertaken in the absence of the public and in confidence.

7.17 Investigators must make any such enquiries that may be reasonably necessary to establish the facts of the matter.

7.18 Investigators may seek such advice or expert guidance that may be reasonably necessary to assist them with their investigation or the conduct of their investigation.

7.19 An investigator may request that the complaints coordinator provide such further information that the investigator considers may be reasonably necessary for them to establish the facts of the matter. The complaints coordinator will, as far as is reasonably practicable, provide the information requested by the investigator.

Referral or resolution of a matter after the commencement of an investigation7.20 At any time after an investigator has

issued a notice of investigation and before they have issued a draft report, an investigator may determine to:

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a) resolve the matter by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation or a voluntary apology, or

b) refer the matter to the general manager, or, in the case of a complaint about the general manager, to the mayor, for resolution by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation or a voluntary apology, or

c) refer the matter to another agency or body such as, but not limited to, the ICAC, the NSW Ombudsman, the Office or the Police.

7.21 Where an investigator determines to exercise any of the options under clause 7.20 after the commencement of an investigation, they must do so in accordance with the requirements of Part 6 of these procedures relating to the exercise of these options at the preliminary assessment stage.

7.22 The resolution of a code of conduct complaint under clause 7.20, paragraphs (a) or (b) is not to be taken as a determination that there has been a breach of the council’s code of conduct.

7.23 Where an investigator determines to exercise any of the options under clause 7.20 after the commencement of an investigation, they may by written notice to the subject person, the complainant, the complaints coordinator and the general manager, or in the case of a complaint about the general manager, to the subject person, the complainant, the complaints coordinator and the mayor, discontinue their investigation of the matter.

7.24 Where the investigator discontinues their investigation of a matter under clause 7.22, this shall finalise the consideration of the matter under these procedures.

7.25 An investigator is not obliged to give prior notice to or to consult with any person before making a determination to exercise any of the options under clause 7.20 or to discontinue their investigation except as may be specifically required under these procedures.

Draft investigation reports7.26 When an investigator has completed their

enquiries and considered any written or oral submissions made to them in relation to a matter, they must prepare a draft of their proposed report.

7.27 The investigator must provide their draft report to the subject person and invite them to make a written submission in relation to it within at least 14 days or such other period specified by the investigator.

7.28 Where the investigator proposes to make adverse comment about any other person (an affected person) in their report, they must also provide the affected person with relevant extracts of their draft report containing such comment and invite the affected person to make a written submission in relation to it within at least 14 days or such other period specified by the investigator.

7.29 The investigator must consider written submissions received in relation to the draft report prior to finalising their report in relation to the matter.

7.30 The investigator may, after consideration of all written submissions received in relation to their draft report, make further enquiries into the matter. If, as a result of making further enquiries, the investigator makes any material change to their


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proposed report that makes new adverse comment about the subject person or an affected person, they must provide the subject person or affected person as the case may be with a further opportunity to make a written submission in relation to the new adverse comment.

7.31 Where the subject person or an affected person fails to make a written submission in relation to the draft report within the period specified by the investigator, the investigator may proceed to prepare and issue their final report without receiving such submissions.

7.32 The investigator may accept written submissions in relation to the draft report received outside the period specified by the investigator at any time prior to issuing their final report.

Final investigation reports7.33 Where an investigator issues a notice of

investigation they must prepare a final report in relation to the matter unless the investigation is discontinued under clause 7.23.

7.34 An investigator must not prepare a final report in relation to the matter at any time before they have finalised their consideration of the matter in accordance with the requirements of these procedures.

7.35 The investigator’s final report must:

a) make findings of fact in relation to the matter investigated, and,

b) make a determination that the conduct investigated either,

i. constitutes a breach of the code of conduct, or

ii. does not constitute a breach of the code of conduct, and

c) provide reasons for the determination.

7.36 Where the investigator determines that the conduct investigated constitutes a breach of the code of conduct, the investigator may make one or more of the following recommendations:

a) that the council revise any of its policies or procedures

b) that the subject person undertake any training or other education relevant to the conduct giving rise to the breach

c) that the subject person be counselled for their conduct

d) that the subject person be removed from membership of a committee of the council or any other body or organisation that the subject person serves on as the council’s representative

e) that the subject person apologise to any person or organisation affected by the breach in such a time and form specified by the recommendation

f) that findings of inappropriate conduct be made public by publishing the investigator’s findings and determination in the minutes of the council meeting at which the matter is considered

g) in the case of a breach by the general manager, that action be taken under the general manager’s contract

h) in the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the Act

i) in the case of a breach by a councillor, that the council resolves as follows:

i. that the councillor be formally censured for the breach under section 440G of the Act, and

ii. that the matter be referred to the Office for further action under the misconduct provisions of the Act.

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7.37 Where the investigator determines that the conduct investigated does not constitute a breach of the code of conduct, the investigator may make one or more of the following recommendations:

a) that the council revise any of its policies or procedures

b) that a person or persons undertake any training or other education.

7.38 In making a recommendation under clause 7.36, the investigator may have regard to the following:

a) the seriousness of the breach

b) whether the breach can be easily remedied or rectified

c) whether the subject person has remedied or rectified their conduct

d) whether the subject person has expressed contrition

e) whether there were any mitigating circumstances

f) the age, physical or mental health or special infirmity of the subject person

g) whether the breach is technical or trivial only

h) any previous proven breaches

i) whether the breach forms part of an ongoing pattern of behaviour

j) the degree of reckless intention or negligence of the subject person

k) the extent to which the breach has affected other parties or the council as a whole

l) the harm or potential harm to the reputation of the council or local government in general arising from the conduct

m) whether the findings and recommendations can be justified in terms of the public interest and would withstand public scrutiny

n) whether an educative approach would be more appropriate than a punitive one

o) the relative costs and benefits of taking formal disciplinary action as opposed to taking no action or taking informal action

p) what action or remedy would be in the public interest.

7.39 Where the investigator proposes to make a recommendation under clause 7.36(i), the investigator must first consult with the Office on their proposed findings, determination and recommendation prior to finalising their report, and must take any comments by the Office into consideration when finalising their report.

7.40 At a minimum, the investigator’s final report must contain the following information:

a) a description of the allegations against the subject person

b) the relevant provisions of the code of conduct that apply to the alleged conduct investigated

c) a statement of reasons as to why the matter warranted investigation

d) a statement of reasons as to why the matter was one that could not or should not be resolved by alternative means

e) a description of any attempts made to resolve the matter by use of alternative means

f) the steps taken to investigate the matter

g) the facts of the matter


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h) the investigator’s findings in relation to the facts of the matter and the reasons for those findings

i) the investigator’s determination and the reasons for that determination

j) any recommendations.

7.41 The investigator must provide a copy of their report to the complaints coordinator and the subject person.

7.42 The investigator must provide the complainant with a written statement containing the following information:

a) the investigator’s findings in relation to the facts of the matter and the reasons for those findings

b) the investigator’s determination and the reasons for that determination

c) any recommendations, and

d) such other additional information that the investigator considers may be relevant.

7.43 Where the investigator has determined that there has not been a breach of the code of conduct, the complaints coordinator must provide a copy of the investigator’s report to the general manager or, where the report relates to the general manager’s conduct, to the mayor, and this will finalise consideration of the matter under these procedures.

7.44 Where the investigator has determined that there has been a breach of the code of conduct and makes a recommendation or recommendations under clause 7.36, paragraph (a) only, the complaints coordinator must provide a copy of the investigator’s report to the general manager. Where the general manager agrees with the recommendation/s, the general manager is responsible for implementing the recommendation/s.

7.45 Where the investigator has determined that there has been a breach of the code of conduct and makes a recommendation or recommendations under clause 7.36, paragraphs (b) or (c) only, the complaints coordinator must provide a copy of the investigator’s report to the general manager or, where the report relates to the general manager’s conduct, to the mayor. The general manager is responsible for arranging the implementation of the recommendation/s where the report relates to a councillor’s conduct. The mayor is responsible for arranging the implementation of the recommendation/s where the report relates to the general manager’s conduct.

7.46 Where the investigator has determined that there has been a breach of the code of conduct and makes a recommendation or recommendations under clause 7.36, paragraphs (d) to (i), the complaints coordinator must, where practicable, arrange for the investigator’s report to be reported to the next ordinary council meeting for the council’s consideration, unless the meeting is to be held within the 4 weeks prior to an ordinary local government election, in which case the report must be reported to the first ordinary council meeting following the election.

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Consideration of the final investigation report by council7.47 The role of the council in relation to a

final investigation report is to impose a sanction if the investigator has determined that there has been a breach of the code of conduct and has made a recommendation in their final report under clause 7.36, paragraphs (d) to (i).

7.48 The council is to close its meeting to the public to consider the final investigation report in cases where it is permitted to do so under section 10A of the Act.

7.49 Where the complainant is a councillor, they must absent themselves from the meeting and take no part in any discussion or voting on the matter. The complainant councillor may absent themselves without making any disclosure of interests in relation to the matter unless otherwise required to do so under the code of conduct.

7.50 Prior to imposing a sanction, the council must provide the subject person with an opportunity to make a submission to the council. A submission may be made orally or in writing. The subject person is to confine their submission to addressing the investigator’s recommendation/s.

7.51 Once the subject person has made their submission they must absent themselves from the meeting and, where they are a councillor, take no part in any discussion or voting on the matter.

7.52 The council must not invite submissions from other persons for the purpose of seeking to rehear evidence previously considered by the investigator.

7.53 Prior to imposing a sanction, the council may by resolution:

a) request that the investigator make additional enquiries and/or provide additional information to it in a supplementary report, or

b) seek an opinion from the Office in relation to the report.

7.54 The council may, by resolution, defer further consideration of the matter pending the receipt of a supplementary report from the investigator or an opinion from the Office.

7.55 The investigator may make additional enquiries for the purpose of preparing a supplementary report.

7.56 Where the investigator prepares a supplementary report, they must provide copies to the complaints coordinator who shall provide a copy each to the council and the subject person.

7.57 The investigator is not obliged to notify or consult with any person prior to submitting the supplementary report to the complaints coordinator.

7.58 The council is only required to provide the subject person a further opportunity to make an oral or written submission on a supplementary report if the supplementary report contains new information that is adverse to them.

7.59 A council may by resolution impose one or more of the following sanctions on a subject person:

a) that the subject person undertake any training or other education relevant to the conduct giving rise to the breach

b) that the subject person be counselled for their conduct

c) that the subject person be removed from membership of a committee of the council or any other body or organisation that the subject person serves on as the council’s representative


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d) that the subject person apologise to any person or organisation affected by the breach in such a time and form specified by the resolution

e) that findings of inappropriate conduct be made public by publishing the investigator’s findings and determination in the minutes of the meeting

f) in the case of a breach by the general manager, that action be taken under the general manager’s contract for the breach

g) in the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the Act

h) in the case of a breach by a councillor:

i. that the councillor be formally censured for the breach under section 440G of the Act, and

ii. that the matter be referred to the Office for further action under the misconduct provisions of the Act.

7.60 The council is not obliged to adopt the investigator’s recommendation/s. Where the council proposes not to adopt one or more of the investigator’s recommendation/s, the council must resolve not to adopt the recommendation/s and state in its resolution the reasons for its decision.

7.61 Where the council proposes to impose, under clause 7.59, a sanction on the subject person that is different to the sanction recommended by the investigator in their final report, the council must state in its resolution the reasons for its decision.

7.62 Where the council resolves not to adopt the investigator’s recommendation/s or imposes, under clause 7.59, a sanction on the subject person that is different to the sanction recommended by the investigator, the complaints coordinator must notify the Office of the council’s decision and the reasons for it.

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Part 8: Oversight and Rights of Review

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CONSULTATION DRAFT

Failure to comply with a requirement under these procedures8.1 Where any person believes that a person

has failed to comply with a requirement prescribed under these procedures, they may at any time raise their concerns in writing with the Office.

Complaints about conduct reviewers8.2 The general manager must refer

complaints about conduct reviewers to the Office for its consideration.

8.3 The general manager must notify the complainant of the referral of their complaint in writing.

8.4 The general manager must implement any recommendation made by the Office as a result of its consideration of a complaint about a conduct reviewer.

Practice rulings8.5 Where a subject person and an

investigator are in dispute over a requirement under these procedures, either person may make a request in writing to the Office to make a ruling on a question of procedure (a practice ruling).

8.6 Where the Office receives a request in writing for a practice ruling, the Office may provide notice in writing of its ruling and the reasons for it to the person who requested it and to the investigator, where that person is different.

8.7 Where the Office makes a practice ruling, all parties are to comply with it.

8.8 The Office may decline to make a practice ruling. Where the Office declines to make a practice ruling, it will provide notice in writing of its decision and the reasons for it to the person who requested it and to the investigator, where that person is different.

Requests for review8.9 A person who is the subject of a sanction

imposed under Part 7 of these procedures other than one imposed under clause 7.59, paragraph (h), may, within 28 days of the sanction being imposed, seek a review of the investigator’s determination and recommendation by the Office.

8.10 A review under clause 8.9 may be sought on the following grounds:

a) that the investigator has failed to comply with a requirement under these procedures, or

b) that the investigator has misinterpreted or misapplied the standards of conduct prescribed under the code of conduct, or

c) that in imposing its sanction the council has failed to comply with a requirement under these procedures.

8.11 A request for a review made under clause 8.9 must be made in writing and must specify the grounds upon which the person believes the investigator or the council has erred.

8.12 The Office may decline to conduct a review, in cases where the grounds upon which the review is sought are not sufficiently specified.

8.13 The Office may undertake a review of a matter without receiving a request under clause 8.9.

Oversight and Rights of Review

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8.14 The Office will undertake a review of the matter on the papers. However, the Office may request that the complaints coordinator provide such further information that the Office considers reasonably necessary for it to review the matter. The complaints coordinator must, as far as is reasonably practicable, provide the information requested by the Office.

8.15 Where a person requests a review under clause 8.9, the Office may direct the council to defer any action to implement a sanction. The council must comply with a direction to defer action by the Office.

8.16 The Office must notify the person who requested the review and the complaints coordinator of the outcome of the Office’s review in writing and the reasons for its decision. In doing so, the Office may comment on any other matters the Office considers to be relevant.

8.17 Where the Office considers that the investigator or the council has erred, the Office may recommend that a decision to impose a sanction under these procedures be reviewed.

8.18 In the case of a sanction implemented by the general manager or mayor under clause 7.45, where the Office recommends that the decision to impose a sanction be reviewed:

a) the complaints coordinator must provide a copy of the Office’s determination in relation to the matter to the general manager or the mayor, and

b) the general manager or mayor must review any action taken by them to implement the sanction, and

c) the general manager or mayor must consider the Office’s recommendation in doing so.

8.19 In the case of a sanction imposed by the council by resolution under clause 7.59, where the Office recommends that the decision to impose a sanction be reviewed:

a) the complaints coordinator must, where practicable, arrange for the Office’s determination to be tabled at the next ordinary council meeting unless the meeting is to be held within the 4 weeks prior to an ordinary local government election, in which case it must be tabled at the first ordinary council meeting following the election, and

b) the council must:

i. review its decision to impose the sanction, and

ii. consider the Office’s recommendation in doing so, and

iii. resolve to either rescind or reaffirm its previous resolution in relation to the matter.

8.20 Where, having reviewed its previous decision in relation to a matter under clause 8.19, the council resolves to reaffirm its previous decision, the council must state in its resolution its reasons for doing so.

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Part 9: Procedural Irregularities

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CONSULTATION DRAFT

Procedural Irregularities

9.1 A failure to comply with these procedures does not, on its own, constitute a breach of the code of conduct, except as may be otherwise specifically provided under the code of conduct.

9.2 A failure to comply with these procedures will not render a decision made in relation to a matter invalid where:

a) the non-compliance is isolated and/or minor in nature, or

b) reasonable steps are taken to correct the non-compliance, or

c) reasonable steps are taken to address the consequences of the non-compliance.

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Part 10: Practice Directions

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CONSULTATION DRAFT

Practice Directions

10.1 The Office may at any time issue a practice direction in relation to the application of these procedures.

10.2 The Office will issue practice directions in writing, by circular to all councils.

10.3 All persons performing a function prescribed under these procedures must consider the Office’s practice directions when performing the function.

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Part 11: Reporting Statistics on Code of Conduct Complaints About Councillors and the General Manager

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CONSULTATION DRAFT

Reporting Statistics on Code of Conduct Complaints About Councillors and the General Manager

11.1 The complaints coordinator must arrange for the following statistics to be reported to the council within 3 months of the end of September of each year:

a) the total number of code of conduct complaints made about councillors and the general manager under the code of conduct in the year to September (the reporting period)

b) the number of code of conduct complaints referred to a conduct reviewer during the reporting period

c) the number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage during the reporting period and the outcome of those complaints

d) the number of code of conduct complaints investigated by a conduct reviewer during the reporting period

e) without identifying particular matters, the outcome of investigations completed under these procedures during the reporting period

f) the number of matters reviewed by the Office during the reporting period and, without identifying particular matters, the outcome of the reviews, and

g) the total cost of dealing with code of conduct complaints made about councillors and the general manager during the reporting period, including staff costs.

11.2 The council is to provide the Office with a report containing the statistics referred to in clause 11.1 within 3 months of the end of September of each year.

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Part 12: Confidentiality

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Confidentiality

12.1 Information about code of conduct complaints and the management and investigation of code of conduct complaints is to be treated as confidential and is not to be publicly disclosed except as may be otherwise specifically required or permitted under these procedures.

12.2 Where a complainant publicly discloses information on one or more occasions about a code of conduct complaint they have made or has purported to make, the general manager or their delegate may, with the consent of the Office, determine that the complainant is to receive no further information about their complaint and any future code of conduct complaint they make or purport to make.

12.3 Prior to seeking the Office’s consent under clause 12.2, the general manager or their delegate must give the complainant written notice of their intention to seek the Office’s consent, invite them to make a written submission and consider any submission made by them.

12.4 In giving its consent under clause 12.2, the Office must consider any submission made by the complainant to the general manager or their delegate.

12.5 The general manager or their delegate must give written notice of a determination made under clause 12.2 to:

a) the complainant

b) the complaints coordinator

c) the Office, and

d) any other person the general manager or their delegate considers should be notified of the determination.

12.6 Any requirement under these procedures that a complainant is to be provided with information about a code of conduct complaint that they have made or has purported to make, will not apply to a complainant the subject of a determination made by the general manager or their delegate under clause 12.2 unless that person is otherwise entitled to receive the information under the Public Interest Disclosures Act 1994.

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Agenda Item: CLAUSE 3. Murray River Council - Draft Councillor Expenses& Facilities Policy

Attachment 11.3.1 MRC POL103.V3 DRAFT Councillo r Expenses_Facilities Policy - [date]

211

DRAFT COUNCILLOR EXPENSES AND FACILITIES POLICY

POL103.V3

MURRAY RIVER COUNCIL

ADOPTED: 19 July 2016

Reviewed: [date]

212

Councillor Expenses and Facilities Policy (POL103.V3)

Page 2 of 17 Adopted: 19 July 2016

Reviewed: [date]

TABLE OF CONTENTS POLICY SUMMARY .................................................................................................................. 3 PART A – INTRODUCTION ...................................................................................................... 5

1. Introduction ..................................................................................................... 5 2. Policy objectives ............................................................................................. 5 3. Principles ........................................................................................................ 5 4. Private or political benefit ................................................................................ 6

PART B – EXPENSES .............................................................................................................. 7

5. General expenses ........................................................................................... 7 6. Specific expenses ........................................................................................... 7 7. Insurances .................................................................................................... 11

8. Legal assistance ........................................................................................... 11

PART C – FACILITIES ........................................................................................................... 12 9. General facilities for Councillors .................................................................... 12

10. Additional facilities for the Mayor ................................................................... 12

PART D – PROCESSES ......................................................................................................... 13 11. Approval, payment and reimbursement arrangements .................................. 13 12. Disputes ........................................................................................................ 14 13. Return or retention of facilities ....................................................................... 14 14. Publication .................................................................................................... 14 15. Reporting ...................................................................................................... 14 16. Auditing ......................................................................................................... 15 17. Breaches ....................................................................................................... 15

DOCUMENT CONTROL .......................................................................................................... 15 PART E – APPENDICES ........................................................................................................ 16

Appendix I – Related legislation, guidance and policies ......................................... 16 Appendix II - Definitions ......................................................................................... 17

COUNCILLOR EXPENSES AND FACILITIES POLICY

POL103.V3

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POLICY SUMMARY This Policy enables the reasonable and appropriate reimbursement of expenses and provision of facilities to Councillors to help them undertake their civic duties. It ensures accountability and transparency, and seeks to align Councillor expenses and facilities with community expectations. Councillors must not obtain private or political benefit from any expense or facility provided under this Policy. The Policy has been prepared in accordance with the Local Government Act 1993 (the ‘Act’) and the Local Government (General) Regulation 2005 (the ‘Regulation’), and complies with the Office of Local Government’s Guidelines for the payment of expenses and provision of facilities to Mayors and Councillors in NSW. The Policy sets out the maximum amounts Murray River Council (the ‘Council’) will pay for specific expenses and facilities. Expenses not explicitly addressed in this Policy will not be paid or reimbursed. The main expenses and facilities are summarised in the table below. All monetary amounts are exclusive of GST. Expense or facility Maximum amount Frequency

General travel expenses $4,500 per Councillor $2,500 for the Mayor

Per year

Interstate, overseas and long distance intrastate travel expenses

$15,000 total for all Councillors Per year

Accommodation and meals

As per the NSW Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, adjusted annually

Per meal/night

Professional development $800 per Councillor Per year

Conferences and seminars $10,000 total for all Councillors Per year

ICT expenses $2,000 per Councillor Per term

Carer expenses $1,000 per Councillor Per year

Home office expenses $200 per Councillor Per year

Postage stamps Per Councillor / Per the Mayor Not relevant

Christmas or festive cards Per Councillor / Per the Mayor Not relevant

Access to facilities in a Councillor common room

Provided to all Councillors Not relevant

Council vehicle and fuel card Provided to the Mayor Per term

Reserved parking space at Council offices Provided to the Mayor Not relevant

Furnished office Provided to the Mayor Not relevant

Number of executive staff supporting Mayor and Councillors

Provided to the Mayor and Councillors, as appropriate

Not relevant

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Additional costs incurred by a Councillor in excess of these limits are considered a personal expense that is the responsibility of the Councillor. Councillors must provide claims for reimbursement, including supporting documentation (eg receipts and/or tax invoice), within three (3) months of an expense being incurred. Claims made after this time cannot be approved. Detailed reports on the provision of expenses and facilities to Councillors will be publicly tabled at a Council meeting every six (6) months and published in full on Council’s website. These reports will include expenditure summarised by individual Councillor and as a total for all Councillors.

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PART A – INTRODUCTION 1. Introduction

1.1 The provision of expenses and facilities enables Councillors to fulfil their civic duties as

the elected representative of the Council. 1.2 The community is entitled to know the extent of expenses paid to Councillors, as well

as the facilities provided. 1.3 The purpose of this Policy is to clearly state the facilities and support that are available

to Councillors to assist them in fulfilling their civic duties. 1.4 Council’s staff are empowered to question or refuse a request for payment from a

Councillor when it is not in accord with this Policy. 1.5 Expenses and facilities provided by this Policy are in addition to fees paid to

Councillors. The minimum and maximum fees a council may pay each Councillor are set by the Local Government Remuneration Tribunal as per Section 241 of the Act and reviewed annually. Council must adopt its annual fees within this set range.

2. Policy objectives

2.1 The objectives of this Policy are to:

(a) enable the reasonable and appropriate reimbursement of expenses incurred by Councillors while undertaking their civic duties;

(b) enable facilities of a reasonable and appropriate standard to be provided to Councillors to support them in undertaking their civic duties;

(c) ensure accountability and transparency in reimbursement of expenses and provision of facilities to Councillors;

(d) ensure facilities and expenses provided to Councillors meet community expectations;

(e) support a diversity of representation; and (f) fulfil Council’s statutory responsibilities.

3. Principles

3.1 Council commits to the following principles:

Proper conduct: Councillors and staff acting lawfully and honestly, exercising

care and diligence in carrying out their functions. Reasonable expenses: Providing for Councillors to be reimbursed for expenses

reasonably incurred as part of their role as Councillor. Participation and access: Enabling people from diverse backgrounds,

underrepresented groups, those in carer roles and those with special needs to serve as a Councillor.

Equity: There must be equitable access to expenses and facilities for all Councillors.

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Appropriate use of resources: Providing clear direction on the appropriate use of Council resources in accordance with legal requirements and community expectations.

Accountability and transparency: Clearly stating and reporting on the expenses and facilities provided to Councillors.

4. Private or political benefit

4.1 Councillors must not obtain private or political benefit from any expense or facility

provided under this Policy, ie Council equipment or facilities cannot be used to provide a political benefit.

4.2 Private use of Council equipment and facilities by Councillors may occur from time to

time. For example, telephoning home to advise that a Council meeting will run later than expected. Such incidental private use does not require a compensatory payment back to Council.

4.4 Councillors should avoid obtaining any greater private benefit from Council than an

incidental benefit. Where there are unavoidable circumstances and more substantial private use of Council facilities does occur, Councillors must reimburse Council.

4.5 Campaigns for re-election are considered to be a political benefit. The following are

examples of what is considered to be a political interest during a re-election campaign: (a) production of election material (b) use of Council resources and equipment for campaigning (c) use of official Council letterhead, publications, websites or services for political

benefit (d) fundraising activities of political parties or individuals, including political

fundraising events.

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PART B – EXPENSES 5. General expenses

5.1 All expenses provided under this Policy will be for a purpose specific to the functions of

holding civic office. Allowances for general expenses are not permitted under this Policy.

5.2 Expenses not explicitly addressed in this Policy will not be paid or reimbursed. 6. Specific expenses

6.1 General travel arrangements and expenses 6.1.1 All travel by Councillors should be undertaken using the most direct route and

the most practicable and economical mode of transport. 6.1.2 Each Councillor may be reimbursed up to a total of $4,500 per year, and the

Mayor may be reimbursed up to a total of $2,500 per year, for travel expenses incurred while undertaking official business or professional development or attending approved conferences and seminars within NSW. This includes reimbursement: (a) for public transport fares (b) for the use of a private vehicle or hire car (c) for parking costs for Council and other meetings (d) for tolls (e) by Cabcharge card or equivalent (f) for documented ride-share programs, such as Uber, where tax invoices

can be issued. 6.1.3 Allowances for the use of a private vehicle will be reimbursed by kilometre at

the rate contained in the current Local Government (State) Award. 6.1.4 Councillors seeking to be reimbursed for use of a private vehicle must keep a

log book recording the date, distance and purpose of travel being claimed. Copies of the relevant log book contents must be provided with the claim.

6.2 Interstate, overseas and long distance intrastate travel expenses

6.2.1 Given Council’s location on an interstate border, travel to Victoria will be considered as general travel. Arrangements and expenses for this travel will be governed by Clauses 6.1.1 to 6.1.4 above.

6.2.2 In accordance with Section 4 of this Policy, Council will scrutinise the value and need for Councillors to undertake overseas travel. Councils should avoid interstate, overseas and long distance intrastate trips unless direct and tangible benefits can be established for the Council and the local community. This includes travel to sister and friendship cities.

6.2.3 Total interstate, overseas and long distance intrastate travel expenses for all Councillors will be capped at a maximum of $15,000 per year. This amount will be set aside in Council’s annual budget.

6.2.4 Councillors seeking approval for any interstate and long distance intrastate travel must submit a case to, and obtain the approval of, the General Manager prior to travel.

6.2.5 Councillors seeking approval for any overseas travel must submit a case to, and obtain the approval of, a full Council meeting prior to travel.

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6.2.6 The case should include: (a) objectives to be achieved in travel, including an explanation of how the

travel aligns with current Council priorities and business, the community benefits which will accrue as a result, and its relevance to the exercise of the Councillor’s civic duties

(b) who is to take part in the travel (c) duration and itinerary of travel (d) a detailed budget including a statement of any amounts expected to be

reimbursed by the participant/s. 6.2.7 For interstate and long distance intrastate journeys by air of less than three (3)

hours, the class of air travel is to be economy class. 6.2.8 For interstate journeys by air of more than three (3) hours, the class of air

travel may be premium economy. 6.2.9 For international travel, the class of air travel is to be premium economy, if

available. Otherwise, the class of travel is to be economy. 6.2.10 Bookings for approved air travel are to be made through the General

Manager’s office. 6.2.11 For air travel that is reimbursed as Council business, Councillors will not

accrue points from the airline’s frequent flyer program. This is considered a private benefit.

6.3 Travel expenses not paid by Council 6.3.1 Council will not pay any traffic or parking fines or administrative charges for

road toll accounts. 6.4 Accommodation and meals 6.4.1 In circumstances where it would introduce undue risk for a Councillor to travel

to or from official business in the late evening or early morning, reimbursement of costs for accommodation and meals on the night before or after the meeting may be approved by the General Manager. This includes where a meeting finishes later that 9:00pm or starts earlier than 7:00am and the Councillor lives more than 50 kilometres from the meeting location.

6.4.2 In addition to 6.4.1 above, Council will reimburse costs for accommodation and meals while Councillors are undertaking prior approved travel or professional development more than 200 kilometres outside the Murray River Council geographic area.

6.4.3 The daily limits for accommodation and meal expenses within Australia are to be consistent with those set out in Part B Monetary Rates of the NSW Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, as adjusted annually.

6.4.4 The daily limits for accommodation and meal expenses outside Australia are to be determined in advance by the General Manager, being mindful of Clause 6.4.3.

6.4.5 Councillors will not be reimbursed for alcoholic beverages. 6.5 Refreshments for Council related meetings

6.5.1 Appropriate refreshments will be available for Council meetings, Council committee meetings, Councillor briefings, approved meetings and engagements, and official Council functions, as approved by the General Manager.

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6.5.2 As an indicative guide for the standard of refreshments to be provided at Council related meetings, the General Manager must be mindful of Part B Monetary Rates of the NSW Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, as adjusted annually.

6.5.3 Council will not provide alcoholic beverages. 6.6 Professional development 6.6.1 Council will set aside $800 per Councillor annually in its budget to facilitate

professional development of Councillors through programs, training, education courses and membership of professional bodies.

6.6.2 In the first year of a new Council term, Council will provide a comprehensive induction program for all Councillors which considers any guidelines issued by the Office of Local Government (OLG). The cost of the induction program will be in addition to the ongoing professional development funding.

6.6.3 Annual membership of professional bodies will only be covered where the membership is relevant to the exercise of the Councillor’s civic duties, the Councillor actively participates in the body and the cost of membership is likely to be fully offset by savings from attending events as a member.

6.6.4 Approval for professional development activities is subject to a prior written request to the General Manager outlining the: (a) details of the proposed professional development (b) relevance to Council priorities and business (c) relevance of the exercise of the Councillor’s civic duties.

6.6.5 In assessing a Councillor request for a professional development activity, the General Manager must consider the factors set out in Clause 6.6.3, as well as the cost of the professional development in relation to the Councillor’s remaining budget.

6.7 Conferences and seminars 6.7.1 Council is committed to ensuring its Councillors are up to date with

contemporary issues facing council and the community, and local government in NSW.

6.7.2 Council will set aside a total amount of $10,000 annually in its budget to facilitate Councillor attendance at conferences and seminars, including the Local Government NSW Annual Conference. This allocation is for all Councillors. The General Manager will ensure that access to expenses relating to conferences and seminars is distributed equitably.

6.7.3 Approval to attend a conference or seminar is subject to a written request to the General Manager. In assessing a Councillor request, the General Manager must consider factors including the: (a) relevance of the topics and presenters to current Council priorities or

business and the exercise of the Councillor’s civic duties (b) cost of the conference or seminar in relation to the total remaining

budget. 6.7.4 Council will meet the reasonable cost of registration fees, transportation and

accommodation associated with attendance at conferences approved by the General Manager. Council will also meet the reasonable cost of meals when they are not included in the conference fees. Reimbursement for accommodation and meals not included in the conference fees will be subject to Clauses 6.4.2 to 6.4.5.

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6.8 Local Government NSW Annual Conference 6.8.1 Up to three (3) Councillors will also attend the Local Government NSW Annual

Conference each year. Council will reimburse the cost of registration fees, and where the conference is outside the Murray River Council region, the cost of travel, accommodation and meals not covered by the conference registration, subject to Clauses 6.4.2 to 6.4.5.

6.8.2 For the Local Government NSW Annual Conference only, Council will meet the costs of the official conference dinner for an accompanying person of a Councillor.

6.9 Information and Communication Technology (ICT) expenses

6.9.1 Council will provide Councillors with appropriate ICT devices and services up to a limit of $2,500 for each Councillor per term. This may include tablets, tablet services and data.

6.9.2 Council will provide the Mayor with a mobile telephone device and the Mayor will meet the costs of any personal calls or data use on the mobile phone. Each billing period the Mayor will identify personal calls and data use and will meet the costs of same.

6.9.3 Communications devices and services are to be used only by Councillors to undertake their civic duties, such as: (a) receiving and reading Council business papers (b) correspondence (c) diary and appointment management.

6.9.4 Councillors may seek reimbursement for applications on their mobile electronic communication device that are directly related to their duties as a Councillor, within the maximum limit.

6.10 Special requirement and carer expenses

6.10.1 Council encourages wide participation and interest in civic office. It will seek to ensure Council premises and associated facilities are accessible, including provision for sight and hearing impaired Councillors and those with other disabilities.

6.10.2 Transportation provisions outlined in this Policy will also assist Councillors who may be unable to drive a vehicle.

6.10.3 In addition to the provisions above, the General Manager may authorise the provision of reasonable additional facilities and expenses in order to allow a Councillor with a disability to perform their civic duties.

6.10.4 Councillors who are the principal carer of a child or other elderly, disabled and/or sick immediate family member will be entitled to reimbursement of carer’s expenses up to a maximum of $1,000 per annum for attendance at official business.

6.10.5 Child care expenses may be claimed for children up to and including the age of 16 years where the carer is not a relative.

6.10.6 In the event of caring for an adult person, Councillors will need to provide suitable evidence to the General Manager that reimbursement is applicable. This may take the form of advice from a medical practitioner.

6.11 Home office expenses

6.11.1 Each Councillor may be reimbursed up to $200 per year for costs associated with the maintenance of a home office, such as minor items of consumable stationery and printer ink cartridges.

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7. Insurances 7.1 In accordance with Section 382 of the Act, Council is insured against public liability and

professional indemnity claims. Councillors are included as a named insured on this policy.

7.2 Insurance protection is only provided if a claim arises out of or in connection with the

Councillor’s performance of his or her civic duties, or exercise of his or her functions as a Councillor. All insurances are subject to any limitations or conditions set out in the policies of insurance.

7.3 Council shall pay the insurance policy excess in respect of any claim accepted by

Council’s insurers, whether defended or not. 7.4 Appropriate travel insurances will be provided for any Councillors travelling on

approved interstate and overseas travel on Council business. 8. Legal assistance

8.1 Council may, if requested, indemnify or reimburse the reasonable legal expenses of:

(a) a Councillor defending an action arising from the performance in good faith of a function under the Act

(b) a Councillor defending an action in defamation, provided the statements complained of were made in good faith in the course of exercising a function under the Act

(c) a Councillor for proceedings before an appropriate investigative or review body, provided the subject of the proceedings arises from the performance in good faith of a function under the Act and the matter has proceeded past any initial assessment phase to a formal investigation or review and the investigative or review body makes a finding substantially favourable to the Councillor.

8.2 In the case of a conduct complaint made against a Councillor, legal costs will only be

made available where the matter has been referred by the General Manager to a conduct reviewer or conduct review panel to make formal enquiries into that matter in accordance with Council’s Code of Conduct.

8.3 Legal expenses incurred in relation to proceedings arising out of the performance by a

Councillor of his or her functions under the Act are distinguished from expenses incurred in relation to proceedings arising merely from something that a Councillor has done during his or her term in office. For example, expenses arising from an investigation as to whether a Councillor acted corruptly would not be covered by this section.

8.4 Council will not meet the legal costs:

(a) of legal proceedings initiated by a Councillor under any circumstances (b) of a Councillor seeking advice in respect of possible defamation, or in seeking a

non-litigious remedy for possible defamation (c) for legal proceedings that do not involve a Councillor performing their role as a

Councillor. 8.5 Reimbursement of expenses for reasonable legal expenses must have Council

approval by way of a resolution at the Council meeting prior to costs being incurred.

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PART C – FACILITIES 9. General facilities for all Councillors

9.1 Facilities 9.1.1 Council will provide the following facilities to Councillors to assist them to

effectively discharge their civic duties: (a) a name badge which may be worn at official functions, indicating that the

wearer holds the office of a Councillor and/or Mayor or Deputy Mayor. 9.1.2 Councillors may book meeting rooms for official business in a specified

Council building at no cost. Rooms may be booked through a specified staff member.

9.1.3 The provision of facilities will be of a standard deemed by the General Manager as appropriate for the purpose.

9.2 Stationery

9.2.1 Council will provide the following stationery to Councillors each year: (a) business cards.

9.3 Administrative support

9.3.1 Council will provide administrative support to Councillors to assist them with their civic duties only. Administrative support may be provided by a member of Council’s administrative staff, as arranged by the General Manager or their delegate.

9.3.2 As per Section 4 of this Policy, Council staff are expected to assist Councillors with civic duties only, and not assist with matters of personal or political interest, including campaigning.

10. Additional facilities for the Mayor

10.1 Council will provide to the Mayor a maintained vehicle to a similar standard of other

Council vehicles, with a fuel card. The vehicle will be supplied for use on Council business, professional development and attendance at the Council’s offices.

10.2 The Mayor must keep a log book setting out the date, distance and purpose of all

travel. This must include any travel for private benefit. The log book must be submitted to Council on a monthly basis.

10.3 The Mayoral Allowance will be reduced to cover the cost of any private travel recorded

in the log book, calculated on a per kilometre basis by the rate set by the current Local Government (State) Award.

10.4 In performing their civic duties, the Mayor will be assisted by a small number of staff

providing administrative and secretarial support, as determined by the General Manager.

10.5 As per Section 4 of this Policy, Council’s staff are expected to work on official business

only, and not for matters of personal or political interest, including campaigning.

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PART D – PROCESSES 11. Approval, payment and reimbursement arrangements

11.1 Expenses should only be incurred by Councillors in accordance with the provisions of

this Policy. 11.2 Approval for incurring expenses, or for the reimbursement of such expenses, should be

obtained before the expense is incurred. 11.3 Up to the maximum limits specified in this Policy, approval for the following may be

sought after the expense is incurred: (a) local travel relating to the conduct of official business (b) carer costs (c) ICT expenditure.

11.4 Final approval for payments made under this Policy will be granted by the General

Manager, or their delegate. 11.5 Direct payment 11.5.1 Council may approve and directly pay expenses. Requests for direct payment

must be submitted to the Director Corporate Services for assessment against this Policy using the prescribed form, with sufficient information and time to allow for the claim to be assessed and processed.

11.6 Reimbursement

11.6.1 All claims for reimbursement of expenses incurred must be made on the prescribed form, supported by appropriate receipts and/or tax invoices and be submitted to the Director Corporate Services.

11.7 Advance payment

11.7.1 Council may pay a cash advance for Councillors attending approved conferences, seminars or professional development.

11.7.2 The maximum value of a cash advance is $70 per day of the conference, seminar or professional development to a maximum of $280.

11.7.3 Requests for advance payment must be submitted to the Director Corporate Services for assessment against this Policy using the prescribed form with sufficient information and time to allow for the claim to be assessed and processed.

11.7.4 Councillors must fully reconcile all expenses against the cost of the advance within one (1) month of incurring the cost and/or returning home. This includes providing to Council: (a) a full reconciliation of all expenses, including appropriate receipts and/or

tax invoices (b) reimbursement of any amount of the advance payment not spent in

attending to official business or professional development. 11.8 Notification

11.8.1 If a claim is approved, Council will make payment directly or reimburse the Councillor through accounts payable.

11.8.2 If a claim is refused, Council will inform the Councillor in writing that the claim has been refused and the reason for the refusal.

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11.9 Reimbursement to Council 11.9.1 If Council has incurred an expense on behalf of a Councillor that exceeds a

maximum limit, exceeds reasonable incidental private use or is not provided for in this Policy: (a) Council will invoice the Councillor for the expense (b) the Councillor will reimburse Council for that expense within 14 days of

the invoice date. 11.9.2 If the Councillor cannot reimburse Council within 14 days of the invoice date,

they are to submit a written explanation to the General Manager. The General Manager may elect to deduct the amount from the Councillor’s allowance.

11.10 Timeframe for reimbursement

11.10.1 Unless otherwise specified in this Policy, Councillors must provide all claims for reimbursement within three (3) months of an expense being incurred. Claims made after this time cannot be approved.

12. Disputes

12.1 If a Councillor disputes a determination under this Policy, the Councillor should discuss

the matter with the General Manager. 12.2 If the Councillor and the General Manager cannot resolve the dispute, the Councillor

may submit a notice of motion to a Council meeting seeking to have the dispute resolved.

13. Return or retention of facilities

13.1 All unexpended facilities or equipment supplied under this Policy are to be relinquished

immediately upon a Councillor or Mayor ceasing to hold office or at the cessation of their civic duties.

13.2 Should a Councillor desire to keep any equipment allocated by Council, then this Policy

enables the Councillor to make application to the General Manager to purchase any such equipment. The General Manager will determine whether such equipment can be purchased, an agreed fair market price or written down value for the item of equipment.

13.3 The prices for all equipment purchased by Councillors under Clause 13.2 will be

recorded in Council’s Annual Report. 14. Publication

14.1 This Policy will be published on Council’s website (www.murrayriver.nsw.gov.au). 15. Reporting

15.1 Council will report on the provision of expenses and facilities to Councillors, as required

in the Act and Regulations.

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15.2 Detailed reports on the provision of expenses and facilities to Councillors will be publicly tabled at a Council meeting every six (6) months and published in full on Council’s website. These reports will include expenditure summarised by individual Councillor and as a total for all Councillors.

16. Auditing

16.1 The operation of this Policy, including claims made under the Policy, will be included in

Council’s audit program and an audit undertaken at least every two (2) years. 17. Breaches

17.1 Suspected breaches of this Policy are to be reported to the General Manager. 17.2 Alleged breaches of this Policy shall be dealt with by following the processes outlined

for breaches of the Code of Conduct, as detailed in the Code and in the Procedures for the Administration of the Code.

DOCUMENT CONTROL

Version No. Details Date Resolution No.

1

Initial Issue – On 12 May 2016, the Premier of NSW, The Hon Mike Baird MP, made the Local Government (Council Amalgamations) Proclamation 2016 under the Local Government Act 1993, whereby Murray Shire Council and Wakool Shire Council were amalgamated to constitute the new area to be known as Murray River Council, effective immediately.

19 July 2016 170716

2

Review of Policy to: (a) adopt best practice as per Office of Local

Government Circular to Councils 17-17 (Councillor Expenses and Facilities Policy – Better Practice Template).

(b) update to the Murray River Council style and logo; and

(c) change of name of the Policy due to (a) above (from Payment of Expenses and Provision of Facilities for Mayors and Councillors Policy).

8 Aug 2017 080817

Council reserves the right to review, vary or revoke this policy at any time

This Policy is scheduled for review in the year to August 2018

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PART E – APPENDICES APPENDIX I: Related legislation, guidance and policies

Relevant legislation and guidance Local Government Act 1993, Sections 252, 253 and 382 Local Government (General) Regulation 2005, Clauses 217 and 403 Local Government Remuneration Tribunal Guidelines for the Payment of Expenses and the Provision of Facilities for Mayors and

Councillors in NSW, 2009 Local Government Circular 09-36 Guidelines for Payment of Expenses and Facilities Local Government Circular 05-08 Legal Assistance for Councillors and Council Employees Local Government (State) Award (current) NSW Crown Employees (Public Service Conditions of Employment) Related Council policies Model Code of Conduct for Local Councils in NSW (OLG November 2015) Code of Meeting Practice (POL101) Pecuniary Interest Guidelines (DLG – June 2006) Councillor Access to Information and Interaction with Staff Policy (POL105)

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APPENDIX II: Definitions The following definitions apply throughout this Policy: Term Definition

accompanying person A spouse, partner or de facto or other person who has a close personal relationship with or provides carer support to a Councillor

appropriate refreshments Food and beverages, excluding alcohol, provided by Council to support Councillors undertaking official business

Act The Local Government Act 1993 (NSW)

Annual Conference Local Government NSW Annual Conference

clause Unless stated otherwise, a reference to a clause is a reference to a clause of this Policy

Code of Conduct The Code of Conduct adopted by Council

Councillor A person elected or appointed to civic office as a member of the governing body of Council who is not suspended, including the Mayor

General Manager The General Manager of Council and includes their delegate or authorised representative

ICT Telecommunications and Information Communications and Technology

incidental person use Use that is infrequent and brief and use that does not breach this Policy or the Code of Conduct

long distance intrastate travel Travel to other parts of NSW of more than three hours duration by private vehicle

maximum limit The maximum limit for an expense or facility provided in the text and summarised in the table on Page 2 of this Policy

NSW New South Wales

official business

Functions that the Mayor or Councillors are required or invited to attend to fulfil their legislated role and responsibilities for Council or result in a direct benefit for Council and/or for the local government area, and includes: meetings of Council and committees of the whole meetings of committees facilitated by Council civic receptions hosted or sponsored by Council meetings, functions, workshops and other events to which

attendance by a Councillor has been requested or approved by Council

professional development A seminar, conference, training course or other development opportunity relevant to the role of a Councillor or the Mayor

Regulation The Local Government (General) Regulation 2005 (NSW)

year The financial year, that is the 12 month period commencing on 1 July each year

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Agenda Item: CLAUSE 7. Riverina & Murray Regional Organisation ofCouncils Annual General Meeting and Quarterly Meeting - November 2017

Attachment 11.7.1 RAMROC AGM Minutes 081117

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MINUTES OF THE ANNUAL GENERAL MEETING OF THE RIVERINA AND MURRAY REGIONAL ORGANISATION OF COUNCILS (RAMROC), HELD IN THE IAN GILBERT ROOM AT THE JERILDERIE OFFICES OF MURRUMBIDGEE COUNCIL ON WEDNESDAY 8th NOVEMBER 2017 PRESENT

Albury City: Balranald:

Cr Kevin Mack (Chair) Mr Frank Zaknich Cr Leigh Byron Aaron Drenovski

Berrigan: Cr Matthew Hannan Mr Fred Exton

Carrathool: Cr Peter Laird

Ms Joanne Treacy Edward River: Cr Norm Brennan

Mr Adam McSwain Federation:

Cr Patrick Bourke Mr Peter Gall

Greater Hume Shire: Apology

Griffith City:

Cr John Dal Broi Mr Graham Gordon

Hay: Cr Mick Rutledge Ms Kirstyn Thronder

Leeton: Cr Paul Maytom

Ms Jackie Kruger

Murray River: Cr Chris Bilkey Mr Des Bilske

Murrumbidgee: Cr Ruth McRae

Mr Craig Moffitt Narrandera: Cr Neville Kschenka

Mr George Cowan Wentworth: Mr Peter Kozlowski RAMROC: Mr Ray Stubbs Executive Officer Guests: Mr Austin Evans – Member Elect

Murray Electorate Mr Brenton Woolston – Managing Director

Almondco Australia Mr James McTavish – NSW Cross Border

Commissioner

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CONDOLENCE The Chairperson referred to the recent passing of long serving Councillor and RAMROC Chairperson Terry Hogan AM after a serious illness. Cr Mack spoke of Terry’s achievements and in particular his outstanding 45 years of service to Local Government, the rice industry and the communities of the Riverina Murray region.

WELCOME

The Chairperson extended a warm welcome to recently elected Mayors Cr Ruth McRae (Murrumbidgee), Cr Chris Bilkey (Murray River) and Cr Norm Brennan (Edward River); as well George Cowan (GM at Narrandera), Fred Exton (Acting GM at Berrigan), Peter Gall (Acting GM at Federation) and Graham Gordon (Acting GM at Griffith). The Chairperson also welcomed the State Member Elect for Murray Austin Evans, the NSW Cross Border Commissioner James McTavish and former National President of Murray Darling Association Greg Toll. 1. APOLOGIES Cr Susan Nichols (Wentworth Shire), Cr Bill Sheaffe (Hay), Ms Steph Cooke (Member Elect for Cootamundra Electorate), Brett Stonestreet (GM Griffith), Rowan Perkins (GM Berrigan) and Ms Trudi McDonald (Regional Coordinator Department Premier and Cabinet) RESOLVED that the apologies be received and noted (Moved Edward River and seconded Hay) 2. MINUTES OF ANNUAL GENERAL MEETING HELD AT JERILDERIE ON 2ND NOVEMBER

2016

RESOLVED that the Minutes of the previous Annual General Meeting, held at Jerilderie on Wednesday 2nd November 2016 be confirmed (Moved Griffith and seconded Leeton) 3. RAMROC ANNUAL REPORT FOR PERIOD 1ST OCTOBER 2016 TO 30TH SEPTEMBER 2017 RESOLVED that the Annual Report of RAMROC activities for the year ended 30th September 2017 be received and adopted (Moved Hay and seconded Griffith) 4. AUDITORS REPORT AND ANNUAL FINANCIAL STATEMENTS FOR YEAR ENDED 30TH

JUNE 2017 RESOLVED that the Auditor’s Report, Management Letter and the 2016-2017 Annual Financial Statements as presented be noted and adopted (Moved Murray River and seconded Leeton) 5. REMUNERATION FOR CHAIPERSON POSITION FOR 2017-2018 RESOLVED that the Chairperson’s Remuneration for the year October 2017 to September 2018 be set at $7,500 per annum (Moved Griffith and seconded Edward River)

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7. TENTATIVE MEETING SCHEDULE FOR 2018

The meeting considered a report by the Executive Officer in relation to the setting of RAMROC meeting dates for 2018, subject to change as may become necessary. RESOLVED that the tentative meeting schedule for 2018 be as follows:-

Wednesday 14th February 2017 Wednesday 9th May 2017 Wednesday 8th August 2017 Wednesday 14th November 2017 – Annual General Meeting

(Moved Murrumbidgee and seconded Leeton) There being no further business, the Annual General Meeting concluded at 10.24 am

6- ELECTION OF OFFICE BEARERS FOR 2017-2018 (Executive Officer as Returning Officer) a. Position of Chairperson The Returning Officer invited nominations for the position of Chairperson for the ensuing term. Only one nomination was received, that being for Cr Kevin Mack Mayor of Albury City. The Returning Officer declared Cr Kevin Mack elected unopposed b. Position of Deputy Chairperson The Returning Officer invited nominations for the position of Deputy Chairperson for the ensuing term. Only one nomination was received and accepted, that being for Cr John Dal Broi Mayor of Griffith City. The Returning Officer declared Cr John Dal Broi elected unopposed c. Position of Secretary Treasurer The Returning Officer invited nominations for the position of Secretary Treasurer for the ensuing term Only one nomination was received, that being for Des Bilske Acting General Manager at Murray River Council. The meeting noted that the position of Secretary Treasurer traditionally is filled by the General Manager of the Administering Council, being Murray River Council. The Returning Officer declared Des Bilske elected as Secretary Treasurer during his tenure as Acting General Manager, the ongoing position of Secretary Treasurer to be filled in due course by the appointed General Manager of the Murray River Council 6. APPOINTMENT OF AUDITORS FOR 2017-2018 FINANCIAL YEAR.

RESOLVED that the Stubberfield Group (Accounting and Taxation), 25-31 Nish Street, Echuca Victoria be appointed as RAMROC’s Auditors for the 2017-2018 Financial Year (Moved Berrigan and seconded Murrumbidgee)

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Attachment 11.7.2 RAMROC General Meeting Minute s 081117

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MINUTES OF THE GENERAL MEETING OF THE RIVERINA AND MURRAY REGIONAL ORGANISATION OF COUNCILS (RAMROC), HELD IN THE IAN GILBERT ROOM OF THE MURRUMBIDGEE COUNCIL ADMINISTRATION CENTRE AT JERILDERIE ON WEDNESDAY 8TH NOVEMBER 2017 AT 10.25 AM PRESENT Albury City: Balranald:

Cr Kevin Mack (RAMROC Chairperson) Mr Frank Zaknich Cr Leigh Byron Mr Aaron Drenovski

Berrigan: Cr Matthew Hannan Mr Fred Exton

Carrathool: Cr Peter Laird Ms Joanne Treacy

Edward River: Cr Norm Brennan Mr Adam McSwain

Federation:

Cr Patrick Bourke Mr Peter Gall

Greater Hume:

Apology

Griffith City: Hay:

Cr John Dal Broi Mr Graham Gordon Cr Mick Rutledge Ms Kirstyn Thronder

Leeton: Cr Paul Maytom

Ms Jackie Kruger

Murray River:

Cr Chris Bilkey Mr Des Bilske

Murrumbidgee: Cr Ruth McRae Mr Craig Moffitt

Narrandera: Cr Neville Kschenka Mr George Cowan

Wentworth: Mr Peter Kozlowski RAMROC Mr Ray Stubbs (Executive Officer)

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MRRR 3 – MINUTES OF RAMROC MEETING HELD AT JERILDERIE ON WEDNESDAY 9TH AUGUST 2017 RESOLVED that the Minutes of the RAMROC Meeting held at Jerilderie on Wednesday 9th August 2017 be confirmed (Moved Narrandera and seconded Murrumbidgee) MRRR 4 – MATTERS ARISING FROM MINUTES OF 9TH AUGUST 2017 MEETING The Executive Officer verbally updated the meeting on the following matters arising from the Minutes of the August 2017 meeting

LED Street Lighting and Smart Controls – discussions with Government and Essential Energy Energy Savings Certificates – Proposals by ESC Providers now under consideration Joint Organisations Status – Government’s information regarding legislation and timetable RMS – Local Government representation on RMCC Committee TCorp – access to loan borrowing facilities proposed for Councils previously rejected under FFTF

on scale and capacity grounds

MRRR 5 - PRESENTATIONS 5.1 – Brenton Woolston Managing Director Almondco Australia Brenton Woolston gave an interesting powerpoint presentation regarding the growth of the almond industry in the region and the potential for further growth in coming years, including the planned expansion of the Hanwood processing facility, for which the first stage was opened in June 2017. A copy of Brenton’s powerpoint slideshow is distributed with the Meeting Minutes. The Chairman thanked Brenton for making his personal time available to attend the RAMROC Meeting and for delivering his comprehensive presentation.

MEETING GUESTS: Austin Evans – Member Elect for the Murray Electorate Mr James McTavish – NSW Cross Border Commissioner Mr Brenton Woolston – Managing Director Almondco Australia

MRRR 1 - WELCOME

The Chairperson extended a warm welcome to recently elected Mayors Cr Ruth McRae (Murrumbidgee), Cr Chris Bilkey (Murray River) and Cr Norm Brennan (Edward River); as well George Cowan (GM at Narrandera), Fred Exton (Acting GM at Berrigan), Peter Gall (Acting GM at Federation) and Graham Gordon (Acting GM at Griffith) The Chairperson also welcomed the State Member Elect for Murray Austin Evans, the NSW Cross Border Commissioner James McTavish and the former National President of Murray Darling Association Greg Toll MRRR 2 - APOLOGIES Cr Susan Nichols (Wentworth Shire), Cr Bill Sheaffe (Hay), Ms Steph Cooke (Member Elect Cootamundra Electorate), Brett Stonestreet (GM Griffith), Rowan Perkins (GM Berrigan) and Ms Trudi McDonald (Regional Coordinator Department Premier and Cabinet) RESOLVED that the apologies be received and noted (Moved Murrumbidgee and seconded Leeton)

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5.2 – James McTavish – NSW Cross Border Commissioner James McTavish provided the meeting with a comprehensive update of his CBC work program and his engagement with the NSW Government and other neighbouring jurisdictions and agencies in addressing a wide range of cross border issues, including a decision by the Victorian Government to now commission a Business Case proposing the establishment of a Cross Border Commissioner in Victoria. James responded to questions from delegates and the Chairman thanked him for his interesting presentation. A copy of the CBC’s powerpoint slideshow is distributed with the Meeting Minutes. Item 5.3 – Austin Evans – Member Elect for the NSW Murray Electorate The Chairman extended congratulations on behalf of the RAMROC Member Councils and communities on Austin’s recent election to the NSW Parliament representing the Murray Electorate, which embraces a large proportion of the RAMROC region. Austin briefed the meeting on a range of important issues that he will be advocating for on behalf of the region, including the redgum timber industry, infrastructure improvements and the availability of water for food and fibre production. MRRR 6 – EXECUTIVE OFFICERS REPORT Item 6.1 – Independent Review of the Regional Development Australia (RDA) Program Consideration was given to the Executive Officer’s written report in relation to the outcomes of the Commonwealth Government’s review of the RDA program and its decision to maintain and re-focus the program whereby RDAs will effectively become brokers for regional investment, so as to drive economic growth and create employment. RESOLVED that the Executive Officer’s report be received and noted (Moved Griffith and seconded Narrandera) Item 6.2 – NSW Container Deposit Scheme – “Return and Earn” – Background and Status The Executive Officer reported on the current status of the CDS which is scheduled to commence on 1st December 2017. He reported that a number of implementation actions remain outstanding, principally in relation to the establishment of collection points across the RAMROC region and he is seeking feedback from Member Councils on specific issues of concern. RESOLVED that Councils provide feedback to the Executive Officer in relation to the following matters:-

Establishment of collection points within Council areas; Negotiations with MRF contractors for sharing of income for containers processed through

kerbside recycling contracts Issues encountered under the new EPA changes for establishment of collection points in retail

centres where carparking spaces are required to be used for the CDS scheme (Moved Murrumbidgee and seconded Edward River) Item 6.3 – Transport for New South Wales- Draft Strategy for Future Transport 2056 Consideration was given to the EO’s report in relation to the NSW Government’s new 40 year vision being developed by Transport for NSW, which is focusing on transport decisions needed to prepare for major population and infrastructure changes across the State leading to the year 2056. The Government has invited submissions on the Draft Plan, closing on 3rd December and the EO is seeking feedback from Councils in order to facilitate a RAMROC regional submission. RESOLVED that Member Councils provide feedback to the EO for the purposes of a RAMROC regional submission (Moved Griffith and seconded Edward River)

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Item 6.4 – Local Government Procurement and LGNSW Negotiations re LGP Group Rebate Scheme The Executive Officer reported on the current status in relation to August 2017 meetings with LGNSW and LGP concerning payments by LGP to RAMROC under the 2015 Group Rebate Agreement. RESOLVED that the Executive Officer’s report be noted and that the actions taken and now proposed be endorsed (Moved Griffith and seconded Murrumbidgee) Item 6.5 – LGNSW Conference Motions – Proposed Independent Value Proposition Audit of LGNSW Performance and Costs and LGP Rebate Agreement Arising from general dissatisfaction by a number of Councils with aspects of LGNSW’s performance and in particular with RAMROC’s unsatisfactory meetings with LGNSW and LGP regarding the Group rebate Scheme Agreement of April 2015, motions have been submitted to the December 2017 LGNSW Conference by Albury City and Blacktown City Councils. These motions call for an independent Value Proposition Audit of LGNSW and the restoration of the 2015 LGP Agreement rebates payable to ROCs for the 2016-2017 year. RESOLVED

1. That RAMROC recommend to Councils’ Delegates to the 2017 LGNSW Conference in early December that they provide voting support to the Conference Motions set out in the Executive Officer’s report, as have been submitted to Conference by Albury City and Blacktown City

2. That RAMROC recommend to Councils’ Delegates that they provide voting support to those

RAMROC Mayors or Councillors from Member Councils who have lodged nominations for positions on the LGNSW Executive.

(Moved Griffith and seconded Murrumbidgee) Item 6.6 – RAMROC’s Strategic Regional Focus The Executive Officer reported on the importance of the RAMROC Board and General Managers’ Group ensuring that a strong regional focus be maintained in the planning and implementation of RAMROC’s activities and he sought feedback from Member Councils in relation to the policies and strategies currently specified in the 2017-2019 Strategic and Operational Plan. RESOLVED that Member Councils provide feedback to the Executive Officer regarding RAMROC’s strategic regional role and direction for the future. (Moved Federation and seconded Edward River) Item 6.7 – NSW Regional Development Framework and Regional Growth Fund Programs The Executive Officer provided an overview of the State Government’s regional development initiatives and funding programs in accord with its 2016 Regional Development Framework and the Regional Growth Fund, including the establishment of Functional Economic Regions (FERs) and the associated Regional Economic Development Strategies (REDS). RESOLVED that the report by the Executive Officer be received and noted (Moved Leeton and seconded Berrigan) MRRR 7 – RAMROC QUARTERLY FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30TH SEPTEMBER 2017 Consideration was given to the first quarter RAMROC financial statements, with indications being that the budget items for income and expenditure are all on track at this stage. RESOLVED that the quarterly Financial Statements for the period ended 30th September 2017 be received and noted (Moved Albury and seconded Griffith)

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MRRR 8 – RAMROC WORKING GROUP MINUTES Consideration was given to the Minutes of the following RAMROC Working Group Minutes:-

8.1 Murray Waste Group Meeting – 2nd August 2017 8.2 Riverina Waste Group Meeting - 20th September 2017 8.3 RAMROC Planners Group Meeting – 31st August 2017 8.4 RAMROC Engineers Group Meeting – 19th October 2017 8.5 RAMROC General Managers Group Meeting – 20th October 2017

RESOLVED that the Minutes of the RAMROC Working Groups be received and that the actions taken therein be endorsed (Moved Carrathool and seconded Murray River) MRRR 9 – GENERAL BUSINESS ITEMS

9.1 – NSW Government Fit for the Future – Establishment of Voluntary Joint Organisations Consideration was given to a joint media announcement on 3rd November 2017 by the Deputy Premier the Hon John Barilaro MP and the Minister for Local Government the Hon Gabrielle Upton MP, indicating that the NSW Government will shortly introduce new laws under the Local Government Act to allow Councils in regional NSW to voluntarily create new Joint Organisations to commence in July 2018. The Office of Local Government has set out a series of next steps and a proposed timetable, the objective being that new Joint Organisations will be ready to start in July 2018. OLG has indicated that it is available to facilitate and support consultations across all regional areas if requested to do so. In July 2016, RAMROC workshopped potential options for the Riverina Murray region, which canvassed the strengths and weaknesses of three potential options – these being:-

Option 1 - one large JO embracing the whole of the Riverina Murray region Option 2 - two JOs – generally in accord with the existing REROC and RAMROC boundaries – a Riverina JO and a Murray Murrumbidgee JO (MAMJO) Option 3 -four JOs – comprising a Riverina JO, an Upper Murray JO, a Mid-Murray JO and a Murrumbidgee JO

At that stage, option 2 was adopted as the preferred model, i.e. the establishment of a Murray Murrumbidgee Joint Organisation. RESOLVED that in the first instance the Chair and Executive Officer meet with the REROC Chair and Executive Officer, in order to canvass REROC’s position in relation to the potential option of having one large JO comprising the whole of the Riverina Murray. Further, that during December a further workshop be held and facilitated by OLG to examine potential Joint Organisation options (Moved Federation and seconded Edward River) 9.2 - Water NSW – Customer Advisory Groups for the Murray and Murrumbidgee River Systems Cr Paul Maytom referred to his position as the RAMROC representative on the Murrumbidgee System Customer Advisory Group, which came into effect on 1st July 2017. He advised that the rules of the CAGs do not permit the distribution of meeting minutes, although there is a Water NSW summary of issues considered, to enable representatives to provide feedback to their nominating organisations. The Executive Officer will submit a report to the February 2018 RAMROC meeting, clarifying the charter and functions of the Customer Advisory Groups for both the Murray and Murrumbidgee Systems and the mechanisms which enable information feedback to stakeholder organisations and communities. There being no further business, the meeting concluded at 1.04 pm

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Attachment 11.7.3 RAMROC Meeting 081117 Cross B order CommissionerPresentati on

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Working Collaboratively NSW Cross-Border CommissionerHelping to build resilient cross-border communities and businesses contributing to a stronger NSW economy

Presentation to RAMROCJames McTavish, NSW Cross-Border CommissionerWednesday 8 November 2017

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Scope• Background and environment

• NSW CBC Role and Function- History- Role and Function- Activity within NSW- Activity with other jurisdictions

• Interjurisdictional agreements- Governance- 16/17 worklist- 17/18 worklist

• Emerging opportunities with Victoria

• Questions

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Addressing Cross-Border issues is part of our core

business

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NSW Cross-Border Commissioner• 2011 election commitment

• Supports NSW Premier’s and State Priorities- Making it Happen- Regional Economic Development Strategy- Agency activity

• CBC Business Plan 15-18- Themes centred on the evolved CBC functions

- Vision. Resilient cross-border communities and businesses contributing to a stronger NSW economy

- Purpose. To address cross-border issues facing communities, businesses and organisations that live, work and operate in NSW.

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NSW CBC Activity in NSW• Engagement with NSW agencies on full range of issues- Regionally through regional governance framework- Statewide through agency execs and Ministers, including Cabinet

• Prioritisation of effort in issues resolution- Supporting NSW Premier’s priorities

• Input into reviews and inquiries

• Development of agreements with ACT CM and Queensland Premier

• Continuing engagement with other governments, including Victoria

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NSW CBC Activity in NSW• In the last month we have

progressed items and policies associated with- Regional economic

development- Infrastructure and utilities - Regional plans- Emergency services and

emergency management- Policing and justice- Education - VET- Business regulation and

reporting- Transport, including the

Future Transport programme- Freight- Inland rail- State based taxation - NCAT

- Wills and guardianship- Child protection- Domestic violence- Assisted dying- NDIS- Occupational licensing- Healthcare service delivery- Aged care- Tourism and regional

promotion- Biosecurity regulation- Biodiversity reforms and pest

management- Waste management- Data sharing- Domestic violence- Indigenous disadvantage- Youth unemployment- Macropod harvesting

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NSW/Qld Statement and ACT/NSW MoUs• Developed over the last 24 months after extensive consultation within NSW and with Qld and ACT

• Revises the agreements signed in 2011

• Provide for enhanced accountability and transparency

• Requires revision of agreed tasks and outcomes by FY

• Requires reporting through Parliamentary Secretaries, Cabinet and Secretaries Board

• Revised in full after three years.246

MoU Priority Action Areas• ACT- Regional economic development including collaborative planning and infrastructure development

- Natural and built environment- Integrated service planning

• Qld- Regional Economic Development- Aligning services and sharing information- Public transport

• Issues of national significance including waste management, NDIS, DV, heavy vehicle regulation

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Opportunities with Victoria• Ongoing meetings with Victorian agencies and local government

• Cross-Border focus in Regional Partnerships

• Victorian announcement of CBC Business Case

• Opportunity to formalise activity with Victoria to support identified outcomes

• Identification of priority areas for action

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Issues previously identified• From listening tour report:

- State Taxes - Building and Construction

regulation- Education- Transport- Health- Community services- Policing and Attorney

General- Emergency Management- Liquor and gaming- Agriculture- Fisheries- Environment- Tourism - Regional planning

• From previous consultation:- Business regulation- Road rules- Occupational licensing- Public transport- Police and emergency

services- Youth employment- VET- Regional economic

development- Access to utilities- Economic enabling

infrastructure- Community services,

including NDIS- Health services- Regional tourism and

promotion- Construction regulation- Biosecurity

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Contemporary issues identification• 7 August – RMN in Wagga Wagga

• 18 August - Meeting with Regional Development Victoria

• September – Briefing chairs of Victorian Regional Partnerships in Melbourne

• November – Final Victorian CBC business case

• Requirement for contemporary NSW issues to be included in discussions

• Attachment 1 to Business Paper - Return by 30 November- Call or email me directly at any time

• Newsletter, CSAT and other activities

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Addressing Cross-Border issues is part of our core

business

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Questions

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Working Collaboratively NSW Cross-Border CommissionerHelping to build resilient cross-border communities and businesses contributing to a stronger NSW economy

Presentation to RAMROCJames McTavish, NSW Cross-Border CommissionerWednesday 8 November 2017

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Attachment 11.7.4 RAMROC Meeting 081117 Almondc o Presentation

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“Built by Almond Growers for Almond Growers”

Wednesday 8th November 2017– Murrumbidgee Council CentreJerilderie 256

The Australian Almond Industry

Presented by:Brenton Woolston

Managing DirectorAlmondco Australia Limited

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http://www.australianalmonds.com.au/

Australian Almond Industry 2017

Industry Snapshot 2017

• There are approx. 180 almond producers.

• Across 4 states and 6 major growing regions

• The current orchard area is 40,000 Ha’s following winter planting.

• Interest from Australian and overseas investors is continuing.

• Production in 2017 was 80,800 metric tonnes of kernel weight.

• The industry’s value in 2016/17 was $600 million.

• Domestic sales increased 9.9% in 2016/17.

• Per capita consumption in Australia exceeded 1 kg for the first time.

• Almonds remain Australia’s most valuable horticultural export.

• Production will lift to 130,000 mt by 2025 if no more plantings occur after 2018.

258


Industry Snapshot 2017 – Australia –The Major Southern Hemisphere Producing Country

259


• Australia produced 7.7% of the 2016 global crop

Others 5.2%

Chile 1.1%

Turkey 1.2%

Spain 4.4%

Australia 7.7%Counter seasonal to California & Spain

USA 80.3%

California Crops2016 860,000 tonnes2017 1,000,000 tonnes

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Almond Board of Australia (ABA)

ABA’s Role

As the Australian almond industry’s peak body, the ABA:

• Facilitates further growth of the industry.

• Seeks to maximise its profitability and sustainability.

The ABA does this by providing a platform for industry members to collectively:

• Respond to industry wide issues.

• Invest in market development. $20 / t voluntary levy

• Invest in R&D and monitor research program. $20 / t levy

• Share knowledge.

• Interact with Government and other Stakeholders.

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• The orchard area in 2016 was 36,000 hectares

5,0008,000

11,00014,00017,00020,00023,00026,00029,00032,00035,00038,000

Hec

tare

s

262


• The approx. 180 almond producers are made up of:


200+ Hectares13%

150 - 200 Hectares8%

100 - 150 Hectares5%

50 - 100 Hectares9%

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• Two million virus tested buds were delivered by the ABA to nurseries in 2017 for grafting to produce trees for .


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• Orchard area planted to almonds increased by 15.8% or 4,904 hectares in 2016. Estimated similar plantings in 2017.

2012 2013 2014 2015 2016 20170

1000

2000

3000

4000

5000

6000

Hectares Planted Each Year

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Australian Almond Orchards

Annual Plantings by State

-

1,000.00

2,000.00

3,000.00

4,000.00

5,000.00

6,000.00

7,000.00

SA VIC NSW WA

Hec

tare

s

Riverina NSW

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Australian Almond Orchards

2016 Planting Data

Over 10 million almond trees planted in Australia

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• The current orchard area is now 35,886 hectaresIndustry Snapshot 2017

Hive Requirements: 215,000 hivesWater Requirement: 502,000 megalitres


2016 - 36,000 hectares

Near Future – 46,000 hectares


2015 - 31,000 hectares

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Water

97% of almond orchards are irrigated using drip systems managed by soil moisture monitoring technology. The other 3% are under tree sprinkler irrigated.

The almond industry relies on the water market to distribute this limited resource to those enterprises delivering the highest value return.

There is much greater sophistication in the purchase of water on both the permanent and temporary water markets now than in the past. There is a much better understanding of allocations and water management.

The Barmah Choke is an issue of concern as demand for irrigation water in the Summer peak period is increasing.

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Almondco growers in all growing regions across 4 states

“Premium Australian Almonds”

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• About Almondco Australia:• Company founded in 1944 as a grower co-operative & was based just outside Adelaide,

South Australia

• In December 1985 the Almond Co-op followed the industry & relocated to Berri in the Riverland, entering into a joint processing/marketing arrangement with Berrivale Orchards (Now “National Foods” )

• Our current HQ Renmark site was purpose built in 1994 & officially opened in 1995

• In 1994 the company was renamed ‘Almondco Australia Limited’ at which time growers were issued shares & became shareholders of the business

• In February 2012 Almondco acquired its main grower patronised “Primary Processor” (Hulling & Shelling Operation) at Lyrup in SA to enhance supply chain value & efficiencies

• In 2017 Almondco officially opened & operated our third ‘new’ facility in Hanwood NSW to support the almond growers in the Riverina region

Almondco will celebrated 75 years in business in 2019

“Almondco was built by almond growers for the benefit of almond growers”271



✓ Almondco is a 100% almond dedicated business

✓ Specialising in bulk processing & marketing

✓ Extensive value – add component in business

✓ 85% of Australian almond growers are members of Almondco Australia

✓ Currently process 30% of the Australian crop (tonnage)

✓ Grower focused structure & culture = more value $ to our members

✓ World class processing facilities

✓ Globally respected & sort after Brand

✓ Recognised for Premium Quality and Ethical trading standards

✓ Industry Leader in Food Safety Systems & Products

✓ Established Global Markets

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Labour efficient – Mechanically HarvestedGlobally Competitive

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“Building Capacity for the Future”

3 Sites – 2 States:

• New Facility – Hanwood NSW• Renmark SA - HQ• Lyrup SA – Primary Processing

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The Vision 275

➢ Stage 1 Cost: $25 million dollars➢ Site & equipment integration ready for Stage 2➢ Commenced operations on 22nd April 2017➢ Full operations from March to June➢ Currently 2 FTE - staff➢ During season 10 casuals required per shift ➢ 2018 will sort, pack & export almond in-shell to

various global destinations➢ 2017 Rivernia tonnage represented 17% of

company in-take

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Almonds are a Healthy, Shelf Stable & VERSATILE product

“WASTE” Efficient 278

Almonds are Versatile & Globally Competitive

Presents stable pricing & value for money

Prices in USD/lb

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Almonds are Versatile

Market Sub-Category breakdown of new almond products: MAT March 2017:

Almonds are No.1 in product introductions

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Australian Almonds

✓ Globally competitive crop✓ Established Export markets✓ Counter seasonal✓ Labour Efficient throughout the supply chain

✓ Water Efficient - Sophisticated drip & monitoring systems

✓ Waste Efficient throughout the supply chain

✓ Robust – Shelf & storage stable

✓ Versatile – Across many product segments & eating occasions

✓ Naturally Healthy & Food Safe– Backed by global research

✓ High value crop $$✓ High Return $$ on water & Land use✓ Collaborative Industry ✓ Excellent track record 281


“Thank you”

Any Questions?

282

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