POLICY MANUAL - City of Bunbury Manual.pdf · POLICY MANUAL This Policy Manual ... Activation of...

POLICY MANUAL

POLICY MANUAL This Policy Manual accurately reflects current practices and procedures in order for the City to ensure compliance with relevant legislative and administrative requirements. The City has an established Policy Review and Development Committee who:

1. Review all existing Bunbury City Council policies within a two year period, in line with the

local government election cycle and facilitate the development of new policies for consideration by Council on an ongoing basis.

2. Make recommendations to Council on matters of policy, policy review and policy development.

3. Explore opportunities that promote policy development in all areas that are within Council’s jurisdiction.

4. Allow any draft policy developed and fully considered by another Advisory Committee of Council to be referred directly to Council for consideration.

5. Provide Bunbury City Councillors with assistance and support to develop new Council policies.

The Committee meet regularly and has a regular rolling system of review to ensure that policies are at all times current. Changes to this document can only be made by the document owner. The electronic copy on the Internet is the controlled version. Printed copies are considered uncontrolled and should be verified as current version.

CONTENTS COUNCIL POLICIES Page No.

COUNCIL POLICY: Access and Inclusion ................................................................................................... 1

COUNCIL POLICY: Activation of Public Open Space ................................................................................. 3

COUNCIL POLICY: Annual Performance Appraisal and Salary Review ..................................................... 4

COUNCIL POLICY: Asset Management ..................................................................................................... 6

COUNCIL POLICY: Asset Monitoring......................................................................................................... 7

COUNCIL POLICY: Bunbury Regional Art Gallery Exhibitions ................................................................... 9

COUNCIL POLICY: Bunbury Regional Art Gallery Trust .......................................................................... 11

COUNCIL POLICY: Bunbury Museum, Heritage Centre, and Local Studies Collection Policy ................. 12

COUNCIL POLICY: Bushfire Inspection and Mitigation........................................................................... 14

COUNCIL POLICY: City of Bunbury Art Collection Policy ........................................................................ 23

COUNCIL POLICY: Civic Commendations ............................................................................................... 25

COUNCIL POLICY: Closed Circuit Television System ............................................................................... 27

COUNCIL POLICY: Commercial Leases ................................................................................................... 39

COUNCIL POLICY: Community Use of Banner Masts Located in Victoria Street ................................... 40

COUNCIL POLICY: Conferences, Seminars, Training and Induction Courses ......................................... 41

COUNCIL POLICY: Corporate Revenue Debt Collection ......................................................................... 44

COUNCIL POLICY: Council Delegate Reports .......................................................................................... 45

COUNCIL POLICY: Development of Public Land Fund ............................................................................ 46

COUNCIL POLICY: Disaster Relief Reserve Fund .................................................................................... 47

COUNCIL POLICY: Elected Member Allowances, Expenses and Supplies .............................................. 49

COUNCIL POLICY: Elected Member Requests ........................................................................................ 58

COUNCIL POLICY: Employee Wellbeing ................................................................................................. 60

COUNCIL POLICY: Equal Opportunity ..................................................................................................... 61

COUNCIL POLICY: Execution of Documents ........................................................................................... 62

COUNCIL POLICY: Food Regulation Compliance and Enforcement ....................................................... 67

COUNCIL POLICY: Footpath Network Contributions for Development ................................................. 68

COUNCIL POLICY: Grant Funding Program ............................................................................................ 70

COUNCIL POLICY: Hiring of City of Bunbury Billboards .......................................................................... 71

COUNCIL POLICY: Honorary Freeman of the City of Bunbury ............................................................... 73

COUNCIL POLICY: Land Rationalisation and Acquisitions ...................................................................... 74

COUNCIL POLICY: Leases and Licences - Sporting and Community ....................................................... 75

COUNCIL POLICY: Legal Representation for Elected Members and Employees .................................... 77

COUNCIL POLICY: Media Statements ..................................................................................................... 78

COUNCIL POLICY: Minor Grants ............................................................................................................. 80

COUNCIL POLICY: Naming of Roads, Reserves, Bridges and Other Places ............................................ 82

COUNCIL POLICY: Private Use of Mayoral Vehicle ................................................................................. 83

COUNCIL POLICY: Public Art ................................................................................................................... 84

COUNCIL POLICY: Public Interest Disclosure ......................................................................................... 85

COUNCIL POLICY: Publication of Information ........................................................................................ 86

COUNCIL POLICY: Purchasing ................................................................................................................. 87

COUNCIL POLICY: Recognition of Employee Service upon Retirement or Resignation ......................... 97

COUNCIL POLICY: Recognition of Long Serving Employees ................................................................... 99

COUNCIL POLICY: Recreation Facilities ................................................................................................ 100

COUNCIL POLICY: Registration of Freehold Commercial Leases ......................................................... 102

COUNCIL POLICY: Related Party Disclosures........................................................................................ 103

COUNCIL POLICY: Reserve Areas Set Aside for the Riding/Driving of Horses ...................................... 113

COUNCIL POLICY: Risk Management ................................................................................................... 115

COUNCIL POLICY: Self-Supporting Loans ............................................................................................. 118

COUNCIL POLICY: Shark Hazard Management .................................................................................... 119

COUNCIL POLICY: Street Addressing .................................................................................................... 121

COUNCIL POLICY: Town Planning Appeal Applications for Review ..................................................... 122

COUNCIL POLICY: Tree Retention ........................................................................................................ 124

COUNCIL POLICY: Use of Car Parking Bays for Outdoor Eating Areas in the CBD ............................... 126

COUNCIL POLICY: Vandalism/Graffiti Management Policy .................................................................. 129

City of Bunbury Policy Manual - Page 1

COUNCIL POLICY: Access and Inclusion

POLICY OWNER: Director Corporate and Community Services

POLICY STATEMENT: The City of Bunbury will provide facilities, services and information that is accessible and inclusive for community members of all abilities.

POLICY OVERVIEW:

This policy applies to all Elected Members, staff, volunteers, and contractors providing services on behalf of the City of Bunbury.

POLICY DETAILS:

The City of Bunbury is committed to ensuring within its capacity:

that the community is accessible and inclusive for people of all abilities; including people with disability, their families and carers;

that all members of the community, regardless of ability, have the right to an inclusive environment that eliminates barriers and supports our diverse community;

that any person who lives, works in, or visits the City of Bunbury will not be reasonably denied access to any City facility, program, service or information on the grounds of personal disability.

The City of Bunbury interprets an accessible and inclusive community as one in which people of all abilities can access and are welcomed to participate in local government functions, facilities and services (both in-house and contracted), in the same manner and with the same rights and responsibilities as other members of the community.

The City of Bunbury will plan for and deliver access and inclusion to the community through the staged implementation and regular review of a Disability Access and Inclusion Plan which shall incorporate matters relating to the following:

Services

Events

Facilities

Information

Customer service

Feedback and complaints mechanisms

Community consultation

Employment.

The City of Bunbury will make all Elected Members, staff, volunteers, and contractors aware of legislative and regulatory requirements.


LEGISLATION AND OTHER REFERENCES:

- Local Government Act 1995

- Disability Services Act 1993

- Disability Services Regulations 2004

- Disability Discrimination Act 1992

- Equal Opportunity Act 1984

- City of Bunbury Disability Access and Inclusion Plan 2012 – 2017

- Planning and Development Act and associated Regulations - Building Code of Australia

Authority: Chief Executive Officer

Document Owner Director Corporate and Community Services

Adopted by Council: Council Decision 412/14 11 November 2014

Document Date Approved Amendment

CP-026139 17/05/2016 Council Decision 160/16 Reviewed

http://mydocs/sites/cp/_layouts/DocIdRedir.aspx?ID=CP-026139


COUNCIL POLICY: Activation of Public Open Space

POLICY OWNER: Chief Executive Officer

POLICY STATEMENT: To effectively manage activities in Public Open Space in a way that encourages and provides opportunities for businesses and groups to activate areas in the City of Bunbury.

POLICY OVERVIEW:

This policy will be applied to all:

1. Street Trading Licences;

2. Permits issued for the temporary use of Public Open Space; and

3. Leases that are required within Designated Trading Areas.

POLICY DETAILS:

This policy aims to manage the use of Public Open Space in a manner that encourages character and vibrancy to the many recreational, tourist and prominent water front areas throughout Bunbury. The prosperity achieved by the operators contributes to the overall economic success of the region and provides a source of income for the City. The City receives numerous applications for various types of approval to conduct activities and operate commercial businesses from Public Open Space throughout the year. The City will consider these applications against the parameters of the Corporate Guideline – Activation of Public Open Space, with a view to activating designated public open space areas within the City.



- City of Bunbury Policy – Commercial Leases

- City of Bunbury Policy – Leases and Licences

- Corporate Guideline – Activation of Public Open Space

Document Authority: Chief Executive Officer

Created Date: Council Decision 231/16 12 July 2016

Related Corporate Guideline: Corporate Guideline Activation of Public Open Space


CP-035752

http://mydocs/sites/cp/Corporate%20Administration/Administer%20council%20policies/Guidelines%20(Current)/Corporate%20Guideline%20Activation%20of%20Public%20Open%20Space.pdf



COUNCIL POLICY: Annual Performance Appraisal and Salary Review

POLICY OWNER: Manager Organisational Development POLICY OBJECTIVE: To ensure the City of Bunbury complies with section 5.38 of the Local

Government Act 1995 which requires that the performance of each employee who is employed for a term of more than one year, including the CEO, be reviewed at least once in relation to every year of employment.

POLICY DETAILS:

The process of Appraisal of the Chief Executive Officer (CEO) must be formalised to ensure equity in assessment against criteria established in the Chief Executive Officer’s Contract of Employment and/or in the immediately previous performance assessment. The Council will appoint members to a Committee to undertake a review and make a recommendation to Council on the CEO’s performance. The Committee must comprise at least one Elected Member who has prior experience in performance management, human resources management, or has worked in a senior management capacity. The CEO is entitled to select an Elected Member as a member of the Committee. The CEO Performance Review will be conducted in accordance with the contract of employment and the KPI’s set by the previous year’s Committee appraisal. For each appraisal, the Committee will consider whether external facilitation is required to undertake the review. The Council shall periodically (not less than annually) review the salary for the Chief Executive Officer to assess whether and what increase in salary and allowances are to be made. The salary and allowances may not be reduced unless the Salary and Allowances Tribunal bands are amended to require it. In the course of the assessment, the committee will separately invite all elected members and each member of the Executive Leadership Team to be interviewed or surveyed before completing the report. Prior to the commencement of the assessment, the CEO will provide his or her own assessment of their performance against the relevant criteria. Elected Members are reminded that they are at liberty to attend all Committee Meetings even if they are not a formalised member of that committee.



- Local Government Act 1995 and Associated Regulations

- Salaries and Allowances Act 1975 and Associated Regulations

- Department of Local Government and Communities Guideline Number 10


Document Owner Manager Finance

Adopted by Council: 26 August 1998


CP-011222 v 1.0 19/09/2017 Council Decision 350/17 Reviewed with no changes

CP-011222 15/09/2015 Council Decision 318/15 Reviewed and amended

05/03/2013 Council Decision 51/13 Reviewed

29/06/2010 Reviewed

07/2007 Reviewed

22/02/2005 Reviewed

18/11/2003 Reviewed

28/05/2002 Reviewed

07/12/1999 Council Decision 639/99 Reviewed and amended




COUNCIL POLICY: Asset Management

POLICY OWNER: Director Works & Services POLICY STATEMENT: The purpose of this policy is to provide clear direction in the management

of all City assets, including land, buildings, parks and landscaping, natural environment and infrastructure assets to deliver best value outcomes for the community.

POLICY DETAILS:

Council will give priority in its annual budget and long term financial plan for the maintenance, operation and renewal of existing assets where need demonstrates their retention. Officers will demonstrate when approving the creation of new assets that the following points have been considered: - The new assets whole of life costs and benefits; - Demonstration that the new asset fulfills priority community needs; - The impact on rates and charges; - That sufficient funding has been set aside for the future operation, maintenance and renewal

of the new asset; Council’s Asset Management Strategy and Asset Management Plans will inform the direction and priorities of asset operation, maintenance and development. LEGISLATION AND OTHER REFERENCES:


- Strategic Community Plan

- Long Term Financial Plan

- International Infrastructure Management Manual


Document Owner Director Works and Services

Adopted by Council: Council Decision 180/07 28 August 2007







COUNCIL POLICY: Asset Monitoring POLICY OWNER: Manager Organisational Development POLICY STATEMENT: Surveillance may be deployed within the workplace in order to protect the

assets and equipment of the City of Bunbury and improve community and employee safety and to assist in planning and management of mobile plant and equipment.

This policy outlines the development of workplace surveillance in the City of Bunbury. The City of Bunbury Commitment:

The City of Bunbury is committed to providing a safe environment for its employees and the community in which unlawful, antisocial and inappropriate activity is kept to a minimum while respecting the individual rights of privacy. The City of Bunbury will ensure that the use of workplace surveillance complies with the requirements of the relevant legislation including the Surveillance Devices Act 1998 (WA)

POLICY DETAILS:

Electronic Surveillance Devices

The City of Bunbury may deploy electronic surveillance devices to protect assets, equipment and people through the recording of unauthorised, unlawful, inappropriate or dangerous activity/incidents.

The City of Bunbury may deploy fixed and mobile cameras (of either motion/CCTV or still variety) in areas where assets or equipment are stored or commonly used, or in high risk work areas. Cameras may be placed in, around, or to view fixed or mobile locations.

Cameras should be placed in unobtrusive positions covering the area to be protected.

Cameras must not be placed inside toilets or change rooms, residences, or in such as positions as to view these premises.

The City of Bunbury will erect signs to inform employees and community members that cameras are in use.

Global Positioning System (GPS) devices may be utilised in vehicles or equipment where the operator is often required to work alone, where there is risks associated with the task being carried out by an employee or where the City of Bunbury has a need to monitor and protect that vehicle or equipment.

Staff Management:

The City of Bunbury will not deploy workplace surveillance for the general management of the City of Bunbury employee’s. However, if any workplace surveillance demonstrates an employee acting in an antisocial, inappropriate or unlawful manner, the City of Bunbury may use this information for disciplinary or other appropriate action.

Review and Retention

Images that indicate unauthorised or inappropriate activity, either through a record of that activity or due to interference with the camera, are to be referred to the Chief Executive Officer. The Chief Executive Officer will retain the images and any associated information in a secure, confidential location.


Consequences of Breaching this Policy

Any person engaged by the City of Bunbury found to have breached this policy may be subject to disciplinary action or dismissal, as appropriate. Criminal charges may also be applied, where appropriate.

Variation to this Policy

This policy may be cancelled or varied from time to time. All employees will be notified of any variation to this policy by correspondence.

Statement of Understanding

I confirm that I have read and understood the City of Bunbury’s Asset Monitoring Policy. I understand that it is a condition of my employment or engagement with the City of Bunbury that I consent to, and must comply with the terms and conditions contained within this policy

Please do not sign this document unless you fully understand the contents and requirements.

I consent to the installation or use of GPS technology on any plant or equipment that I am required to use within my employment at the City of Bunbury

Signature

Date

Name

I do not consent to the installation or use of GPS technology on any plant or equipment that I am required to use within my employment at the City of Bunbury

Signature

Date

Name

**Weekly log books must be completed for all vehicles not fitted with GPS technology for FBT purposes**


- Surveillance Devices Act 1998 (WA)

- City of Bunbury Code of Conduct 2014


Document Owner Manager Organisational Development and Human Resources

Adopted by Council: Council Decision 07/15 20 January 2015


CP-026747 v1.0 21/03/17 Council Decision 103/17 Reviewed



COUNCIL POLICY: Bunbury Regional Art Gallery Exhibitions

POLICY OWNER:

Director Corporate and Community Services

POLICY STATEMENT: This policy informs the development of the Bunbury Regional Art Gallery exhibition program and sets out the considerations and processes that BRAG will apply when developing and presenting exhibitions. Exhibitions are defined as a display of works of art, which may include collection works, loans and commissions. Exhibitions have a curatorial rationale; a finite display period, title, and may be presented at Bunbury Regional Art Gallery or at other venues nationally or internationally. An exhibition may also have a publication, online content, performance elements, and associated public and educational programs.

POLICY DETAILS:

Bunbury Regional Art Gallery will apply professional art museum ‘best practice’ standards to developing, managing and delivering exhibitions. The BRAG exhibitions program will:

Support and celebrate the work of South West artists and artists with established links to the South West, with both historical and contemporary content, in a wide range of media.

Interpret and contextualise the City of Bunbury Art Collection through a continuous program of curated temporary exhibitions.

Demonstrate a commitment to consulting with relevant communities during the curatorial process, including in the development of Aboriginal and Torres Strait Islander exhibitions.

Support emerging and experimental artists of the South West region.

Continue to expand the City of Bunbury Art Collection through regular acquisitive prize exhibitions, including the Bunbury Biennale, Noongar Country and South West Art Now.

Provide audiences with access to art of national significance through exhibitions, which may include Western Australian, Australian and international art with both historical and contemporary content, in a wide range of media.

Exhibition proposals will be considered by the BRAG Exhibitions Committee, comprising the BRAG Director and at least two of: City of Bunbury Art Collection Curator, Education Officer, Exhibitions Officer, and/or Gallery Officer. Final approval of fully developed proposals will be decided by BRAG Director. The BRAG exhibitions program will be enabled through an annual budget allocation by the City of Bunbury and, where possible, by corporate, private and public sources.


LEGISLATION AND OTHER REFERENCES: - CORPORATE GUIDELINE: Bunbury Regional Art Gallery Exhibition Policy Guideline - Local Government Act 1995 - Museums Australia, Code of Ethics for Art, History and Science Museums (1990) - National Standards for Australian Museums and Galleries (Version 1.2) - Aboriginal Heritage Act 2006 - Copyright Act 1968 - UNESCO Cultural Convention 1970

Authority: Director Corporate and Community Services

Document Owner Team Leader Arts and Culture

Adopted by Council: 1 May 2018 Council Decision 127/18


CP-042582



COUNCIL POLICY: Bunbury Regional Art Gallery Trust


POLICY STATEMENT: This policy guides the operation of the Bunbury Regional Art Galleries Trust for receiving gifts, bequests and donations.

POLICY DETAILS:

The Bunbury Regional Art Galleries Trust acts as a ‘gift fund’ for receipt of gifts, donations and bequests for BRAG programs and facilities and the City of Bunbury Art Collection in accordance with the Bunbury Regional Art Galleries Trust Deed. LEGISLATION AND OTHER REFERENCES:

- WA Local Government Act 1995

- WA Local Government Act Functions and General Regulations 1996

- Income Tax Assessment Act 1997 Division 376 – Gifts or Contributions

- Cultural Bequests Program Guidelines (no 1) 1997

- Cultural Bequests Program (Maximum Approval Amounts) Determination (No 1) 1997

- Australian Government’s Cultural Gifts Program

- Copyright Act 1968

- Copyright Amendment (Moral Rights) Act 2000


Document Owner Manager Arts and Culture

Adopted by Council: Council Decision 101/17 21 March 2017





COUNCIL POLICY: Bunbury Museum, Heritage Centre, and Local Studies Collection Policy

POLICY OWNER: Director Corporate and Community Services POLICY STATEMENT: This policy guides the acquisition, deaccession, management,

conservation, interpretation, exhibition and loan of objects acquired for the City of Bunbury Museum and Heritage Centre and Local Studies collections.

POLICY DETAILS:

The City of Bunbury City of Bunbury Museum and Heritage Centre and Local Studies collections are

owned and managed by the City of Bunbury, through the Bunbury Museum and Heritage Centre, on

behalf of the people of the City of Bunbury.

The Bunbury Museum and Heritage Centre will apply professional museum ‘best practice’ standards

to develop and manage the Collections.

Acquisitions will be made by purchase, commission, donation, gift, bequest, or transfer. Deaccession

will be made upon recommendation of the Manager Arts and Culture and where this exceeds the

approved delegation limit, by resolution of Council.

Objects will be identified for potential acquisition by the Curator Bunbury Museum and Heritage

Centre or the Manager Arts and Culture.

Items identified for potential acquisition fall into two categories:

Category 1: Minor items with a value up to $1,000; and

Category 2: Substantial items with a value of $1,000 or more.

Category 1 items will be assessed under the criteria detailed in the Bunbury Museum and Heritage

Centre and Local Studies Collections Corporate Guidelines for relevance to the collections and can be

acquired by the Curator Bunbury Museum and Heritage Centre subject to availability of funds in the

appropriate budget line.

Once a category 2 item has been identified as a potential acquisition under the criteria detailed in

the Bunbury Museum and Heritage Centre Collections Corporate Guideline, an acquisition proposal

form will be completed as soon as possible detailing the rationale for inclusion the collections

considered against the selection criteria and identifying availability of funds in the appropriate

budget line.


Following a recommendation to purchase a category 2 item, further approvals required will be

determined by the current financial delegation levels of the Manager Arts and Culture, the Director

Corporate and Community Services, and the Chief Executive Officer.

Acquisition of objects for the Collection will be enabled through an annual acquisition budget

allocation by the City of Bunbury and, where possible, by corporate, private and public sources.


- CORPORATE GUIDELINE: Bunbury Museum and Heritage Centre and Local Studies

Collections




- Cultural Bequests Program(Maximum Approval Amounts) Determination (No 1) 1997


- Museums Australia, Code of Ethics for Art, History and Science Museums (1990)

- National Standards for Australian Museums and Galleries (Version 1.2)

- Aboriginal Heritage Act 2006 - Copyright Act 1968

- UNESCO Cultural Convention 1970





CP-037586 13/12/2016 Council Decision 437/16 Reviewed with changes





1 AS 3959 – Construction in of Building in Bush Fire Prone Areas

COUNCIL POLICY: Bushfire Inspection and Mitigation

POLICY OWNER: Chief Executive Officer POLICY STATEMENT: The City of Bunbury is committed to managing exposure to bush fire risk,

through:

Determining actual bush fire risks to properties, using a contemporary process, which uses several Australian Standards as it’s basis,

Using these risk levels to apply a suite of tiered mitigation and enforcement standards, to properties within the City,

Using the factors influencing the risk exposure, to educate community on risk sources and develop a ‘shared responsibility’ to bush fire risk reduction, across the City.

POLICY OVERVIEW:

This policy will be applied to:

all properties within the City of Bunbury;

extend consultation with owners of bush land properties which present risk to others within the community. The intention would be to reduce risks from these properties, leading to the reduction of net bush fire risk.

POLICY DETAILS:

The Bush Fires Act:1954 (the Act), specifically section 33 (1), enables local governments to develop local laws, being customised strategies to reduce the risk and impact from bush fire.

The City endorsed, bush fire risk management process will be used as the instrument to determine bush fire risk levels across the City. Risk maps will be produced indicating risk exposures to individual assets. This determination of risk exposure will be a factor of the condition of the property, plus any external sources of risk.

Premises that are determined to be at an identified risk level of ‘Extreme’, ‘Very High’ and ‘High’ will be signalled out for individual inspection and specialist risk treatments. These treatments will be scaled to match the determined risk level.

A community engagement program will be part of this strategy, to ensure that the change to Council Policy is understood by community. This campaign will aim to assist community understand their risk exposure towards engendering a ‘shared responsibility’ for the risk of bush fire.

Enforcement of this policy will be targeted to areas of higher risk, rather than the previous regime, where resources are required to inspect every property within the City. This will result in net risk reduction, with a more focussed and efficient use of existing staff resources.

This bush fire risk management strategy exceeds the rigour within the methodology being recommended by the State Government (State Planning Policy 3.7) to assess risks to new development proposals. This also permits treatments to be encouraged across tenures, where with the State Policy, treatment options cannot be retrospectively applied. This strategy will encourage those existing asset owners to understand the reasons that their properties would not be approved, if they were proposed under the now implemented State policy. This strategy would also be due diligence for the City, in that it is proactively encouraging ‘at-risk’ residents to better appreciate their exposure to their risks.


Risk levels used within this policy are determined by using the process contained within the document titled “Bush Fire Risk Management – Developing a Bush Fire Risk Register & Schedule”. This process results in a risk score which is developed using a wide range of factors and is under-pinned by IS 31000 (Risk Management Standard), AS 3959 (Construction of Buildings within Bushfire Prone Areas) and the National Emergency Risk Assessment Guidelines. The Risk Levels are explained in Appendix ‘A’ – Threat Categories. This process has been uploaded and automated into a software program by a company named Swiftworks.

POLICY REQUIREMENTS - FIRE PREVENTION: 1. Annual Schedule and Council practices

1.1 Work Procedures Review - The Manager Community Law, Safety & Emergency Management/CBFCO shall review this procedure and current practices, in September of each year.

1.2 Joint Meeting - The Manager Community Law, Safety & Emergency Management

/CBFCO shall convene and attend a meeting with other Fire Control Officers and other relevant staff, prior to the fire season each year. The meeting will assess the situation for the coming season and a list of Council properties shall be identified including treatments required to minimise fire hazards (e.g. rotary hoe, burn, slash, fire-break).

If required, advice on implementing fire hazard reduction strategies shall be sought from relevant organisations, such as DFES and/or the Department of Parks and Wildlife.

Where the estimated cost of proposed works cannot be accommodated within the annual budget, the annual risk treatment schedule recommended by the Manager Community Law, Safety & Emergency Management /CBFCO shall be referred to ELT with recommendations, regarding any rescheduled risk priorities in the fire hazard reduction programme.

1.3 Implementation of the hazard reduction programme prepared by the joint meeting (or if necessary, the priorities as determined by ELT) shall be carried out as soon as possible after the joint meeting.

The Team Leader - Community Safety and Emergency Management/ Deputy CBFCO will arrange required hazard reduction work. Controlled burns will be carried out prior to the commencement (or after the cessation) of the prohibited burning period each year, as the weather conditions permit.

1.4 Property Inspections - Fire Control Officers will carry out an inspection of all ‘High’ Bushfire risk rated properties, prior to the end of the restricted burning period and issue an infringement notice and notices, to all land owners/occupiers who have not complied with the requirements of the ‘First and Final Fire Notice’. Infringement notices issued to land owners/occupiers, will define the fire hazard reduction works that are required to be completed and the notice shall stipulate that these works shall be completed within a 14 day period from the date of the notice.

1.5 After the initial 14 day period, Fire Control Officers will again inspect all properties

where Notices were previously issued. Those land owners/occupiers who have not complied with the requirements will be issued with a further infringement notice


requiring that the fire hazard reduction works are to be completed within 7 days from the date of the second notice. After the expiration of the further 7 day period, Fire Control Officers will again inspect all properties where second Notices were previously issued and land owners/occupiers who have still not complied with the requirements of the second notice, shall be issued with a further infringement Notice and a contractor will be engaged to carry out the required work, at the land owners/occupiers expense.

2. Permits to Burn

The Manager Community Law, Safety & Emergency Management /CBFCO and the Chief Executive Officer, are delegated the authority to extend the Restricted Burning Period for up to fourteen days, in accordance with provisions of the Act. Permits are required to burn within the Restricted Burning Period and these will be issued (subject to the Act) to the public, by the Rangers/Fire Control Officers.

Permits issued will carry specific risk minimisation conditions and shall comply with the Act. Notification of intention to commence a permitted burn must be given to all abutting land owners and occupiers, between a minimum of 4 days and a maximum of 28 days, prior to commencement of any burning. Notification of the intention to burn must be provided by the permit holder to Community Law, Safety & Emergency Management, Career Fire and Rescue Service, DFES ComCen and where stipulated on the permit, to DPaW, on the morning of the day of commencement. This requirement shall be noted on the permit.

Fire Control Officers shall be responsible for ensuring that the permit holder is made aware of all conditions and requirements. Due to the increasing numbers of external fixed or portable solid fuel heaters (herein known as the device), the City may issue permits for these to be used during Restricted Burning Periods. Property owners/occupiers who want to use the device will be required to apply to the City, who may inspect the device and determine the associated risks from their use. Where such an inspection indicates that a low risk exists to the property where the device is to be used (and also to neighbouring properties), a permit may be issued in writing, authorising the use of such a device for a determined period. These permits shall indicate that they become invalid, where the Bureau of Meteorology has issued a fire danger rating of Very High (or greater), for any period of that day.

3. Standard Requirements

3.1 Private property (includes residential, commercial and industrial) To protect from the risk of ember attack, from bushfire: (a) Where the area of land is 2024m² (approximately ½ acre) or less, all flammable

material on the land is to be removed, except living, standing trees, from the whole of the land; and

(b) Where the area of land exceeds 2024m² firebreaks free of all flammable material

and at least 3 metres wide, are to be provided immediately inside all external


boundaries of the land and also immediately surrounding all buildings and haystacks situated on the land. Where several adjoining lots are held or used by the owner/occupier, the firebreaks may be provided inside and along the external boundaries of the group or lots.

Total removal of flammable material from the property (as per (a) above) would be considered an acceptable alternative.

Inspections to these properties may occur.

3.2 For properties assessed as ’High’, as for 3.1 (above), plus:

Communication with the resident/landowner, explaining bush fire risk assessment result for their property. They are to be advised that their hazard rating has been assessed as ‘High’ and their property is at a dangerous threat from bushfire. Advise them of the AS 3959 implications (even though this cannot be retrospectively applied) suggesting their consideration of the following strategies: • sealing all gaps in the structure to have no openings greater than 3mm diameter, • consider acquiring non-combustible ember protective covers for evaporative air

conditioners, • change flyscreens to non-corrosive metal materials, or non-flammable window

shutters, • remove all combustible, dry vegetation prior to 30 November (annually), • consider measures to remove any likelihood of embers starting fires,

throughout summer, • be prepared for a vigorous inspection regime from 1 December (annually), (every property within this hazard rating is likely to receive a visit from the Rangers), with fines for non-compliance a possibility, • encourage contact with the City of Bunbury Rangers, for further advice.

3.3 For Properties assessed as ‘Very High’, as for 3.2 (above), plus:

Communication with the resident/landowner, explaining the bush fire risk assessment result for their property. They are to be advised that their hazard rating has been assessed as ‘Very High’ and their location is at a very dangerous threat from bushfire. Advise them of the AS 3959 implications (even though this cannot be retrospectively applied), suggesting their consideration of the following strategies:

construction in this location may no longer be permitted to take place (AS 3959:2009 – Construction of Buildings in Bush Fire Prone Areas),

sealing all gaps in the structure to have no openings greater than 3mm diameter,

consider our strong recommendation that they acquire non-combustible ember protective covers for evaporative air conditioners,

change flyscreens to non-corrosive metal materials, or non-flammable window shutters (constructed to AS 3959 [clause 3.7]),

remove all dry combustible vegetation prior to 30 November (annually),

take measures to remove any likelihood of embers starting fires, throughout summer,

be prepared for a very vigorous inspection regime from 1 December (annually),(every property in this hazard rating will receive an inspection from City Rangers), with fines for non-compliance to at least the conditions of 3.1 (above) a probability,

encourage contact with the City of Bunbury Rangers, for further advice.


3.4 For all properties assessed as ‘Extreme’, as for 1 (above), plus Communication with the resident/landowner, explaining the bush fire risk assessment result for their property. They are to be advised that their hazard rating has been assessed as Extreme and their location is at an extremely dangerous threat from bushfire. To advise them of the AS 3959 implications (even though this cannot be retrospectively applied) suggesting their serious consideration of the following strategies: • that construction in this location would no longer be permitted to take place (AS 3959:2009 – Construction of Buildings in Bush Fire Prone Areas), • sealing all gaps in the structure to have no openings greater than 3mm diameter, • consider our strong recommendation that they acquire non-combustible ember

protective covers, for evaporative air conditioners, • change all flyscreens to non-corrosive metal materials, or non-flammable window

shutters (constructed to AS 3959 [clause 3.7]), • remove all dry combustible vegetation prior to 30 November (annually), • take measures to remove any likelihood of embers starting fires, throughout

summer, • be prepared for a very vigorous inspection regime prior to 1 December (annually),

(every property in this hazard rating will receive an inspection from City Rangers), with fines for non-compliance to at least the conditions of 3.1 (above) a certainty,

• residents/occupiers consider developing and practicing an evacuation plan, with established triggers for action,

• encourage contact with the City of Bunbury Rangers, for further advice.

3.5 Fuel and Gas Depots

In respect of land owned and/or occupied, on which is situated any container normally used to contain liquid or gas fuel, including the land on which any ramp or supports are constructed, you shall have the land clear of all flammable material.

3.6 Plantations

Boundary Firebreaks –

On the horizontal plane, a firebreak shall be provided 15 metres wide and immediately adjoining all external boundaries of the planted area. The outer 10 metres will be cleared of all flammable material while the inner 5 metres, i.e. that portion closest to trees may be kept in a reduced fuel state, i.e. by slashing or grazing grass provided that the height of the grass does not exceed 8cm.

On the vertical plane a clear space 5 metres high will be maintained above the outer 10 metres of the firebreak.

Internal Firebreaks -

Plantations shall be subdivided into areas not exceeding 30 hectares by firebreaks a minimum of 6 metres wide, which shall be cleared of all flammable material. In the vertical plane a clearance of a minimum height of 5 metres from the ground level will be maintained above the firebreak.

3.7 Burning Permits, Burning of Bush, Grass and Garden Refuse

Burning of anything including bush, grass and garden refuse is totally prohibited from 30th December to 28th March (inclusive), annually.


Permits to burn are required for any burning including garden refuse at any time between 15 November and 29 December (inclusive) and between 29 March and 10 May (inclusive), annually.

Permits to burn will only be issued to land owners/occupiers for hazard reduction burning until 30 November (inclusive), annually. From 1 December to 29 December (inclusive), annually, permits to burn will not be issued to land owner/occupiers for hazard reduction burning. From 1 December to 29 December (inclusive), annually, permits to burn will only be issued to fire brigades established in accordance with the Fire Brigades Act 1942 or the Bushfires Act 1954 and for any other burning as approved by the Manager Community Law, Safety & Emergency Management/ CBFCO.

3.8 Campfires

Campfires are totally banned within the whole of the District of the City of Bunbury from 15 November until 10 May (inclusive), annually.

3.9 Prohibited and Restricted Burning Periods

Prohibited Burning Period, as it applies within the Bunbury District, is from 30 December to 28 March (inclusive) annually.

Restricted Burning Periods, as they apply within the Bunbury District, are 15 November to 29 December (inclusive) and 29 March to 10 May (inclusive), annually. These dates may be subject to variation according to seasonal conditions, but any changes shall be advertised in a newspaper, circulating the Bunbury District.

If it is considered for any reason to be impractical to clear firebreaks or if natural features render fire-breaks unnecessary, a property owner/occupier may apply to the City or a duly authorised officer, not later than 15 November annually, for permission to provide firebreaks in alternative positions, or to take alternative action to abate fire hazards on the land. If permission is not granted by the City or a duly authorised officer, the requirements as stipulated in the City’s First and Final Fire Notice shall be complied with. If the requirements of the City’s First and Final Fire Notice are carried out by burning, such burning must be in accordance with the relevant provisions of the Act.

COUNCIL PRACTICE:

General Notification - Because of the complexity of this Policy and the impact of changing weather conditions, Council will follow these steps to notify the general public:

• Make the residents aware of the City’s burn-off period and conditions, through the City’s website, social media and in newspapers circulating the Bunbury District.

• Provide information relating to who and how to contact a City of Bunbury officer.

• Specific Notification - The Manager Community Law, Safety & Emergency Management /CBFCO shall ensure that property owners/occupiers in the area of a proposed hazard reduction burn will receive specific notification of the intended burn, in accordance with the Act.

APPOINTMENT, QUALIFICATIONS AND TRAINING FOR COUNCIL BUSHFIRE CONTROL OFFICERS

TRAINING:

Where required, all bushfire brigade members and relevant City staff, shall be trained by suitably qualified instructors from DFES and other suitable/recognised training organisations. The minimum standard of training required of bushfire brigade members and relevant City staff is attached at Appendix ‘B’.


Unless stipulated otherwise, all training shall be valid for a period not exceeding 5 years after which time the brigade member or City of Bunbury staff, shall be required to again undertake the relevant training course, or demonstrate relevant competency maintenance activity, through log books or endorsement from the Brigade Captain.

Drivers of emergency vehicles shall be required to undertake relevant DFES driving courses, to enable the driving of emergency vehicles in emergency and off-road situations.

The Manager Community Law, Safety & Emergency Management /CBFCO shall ensure that all City of Bunbury fire personnel are trained and qualified to perform their duties, in accordance with the Act and this work procedure.

APPOINTMENT OF FIRE CONTROL OFFICERS:

The City shall appoint Fire Control Officers in accordance with the Act and the relevant appointments shall be advertised in newspapers circulating the Bunbury District annually.

First Adopted: (28) (a) – Council – 16 September, 1991 Review by EMT: 26 May, 2014

Source of Procedure: Senior Administration Officer,

Review Date: Annually, in September

Review Responsibility: Team Leader, Community Safety and Emergency Management


- Bush Fires Act:1954, section 33 (1)

- Australian Standard 3959:2009 – Construction of Buildings in Bush Fire Prone Areas

- International Standard 31 000 – Risk Management -Principles and Guidelines

- Draft State Planning Policy 3.7

- Local Government Act:1995

- City of Bunbury First and Final Fire Notice

- Bush Fire Inspection and Mitigation Corporate Guidelines


Document Owner: Manager Community Law, Safety and Emergency Management

Adopted by Council: Council Decision 334/14, 2 September 2014


CP-037583 v 1.0 13/12/2016 Council Decision 439/16 Reviewed and amended



Appendix ‘A’

Table 1 – Bush Fire Fighter Training Requirements

Training Course CBFCO DCBFCO FCO Brigade Captain

Brigade Lieutenant

Brigade Fire Fighter

Induction

Introduction to Fire fighting

Introduction to Bushfire fighting

Introduction to Structural Fire Fighting – FESA 0414

Advanced Bushfire Fighting

Fire Control Officer FESA 0408

Chief Bush Fire Control Officer FESA 0196

AIIMS Awareness FESA 0205

Introduction to AIIMS 21588VIC

Machine Supervision FESA 0004

Ground Controller FESA 0054

Crew Leader FESA 0054

Sector Commander FESA 0195


Appendix ‘A’

Table 1 – Bush Fire Fighter Training Requirements


COUNCIL POLICY: City of Bunbury Art Collection Policy


POLICY STATEMENT: This policy guides the acquisition, deaccession, management, conservation, interpretation, exhibition and loan of works of art acquired for the permanent collection of the City of Bunbury.

POLICY DETAILS:

The City of Bunbury Art Collection is owned and managed by the City of Bunbury, through Bunbury Regional Art Galleries, on behalf of the people of the City of Bunbury. Bunbury Regional Art Galleries will apply professional art museum ‘best practice’ standards to develop and manage the Collection.

Acquisitions will be made by purchase, commission, donation, gift, bequest, or transfer. Deaccession will be made upon recommendation of the Director of Bunbury Regional Art Galleries and where this exceeds the approved delegation limit, by resolution of Council.

Artworks will be identified for potential acquisition by the Director, Bunbury Regional Art Galleries or the Collection Curator/Registrar.

Once an artwork has been identified as a potential acquisition under the criteria detailed in the City of Bunbury Art Collection Policy Guidelines it will be considered by an acquisition panel made up of the Director, Bunbury Regional Art Galleries, the Collection Curator/Registrar, the Head of Visual Arts at Edith Cowan University Bunbury, one Councillor and one external professional curator.

Artworks purchases for the Collection will be enabled through an annual acquisition budget allocation by the City of Bunbury and, where possible, by corporate, private and public sources.


- CORPORATE GUIDELINE: City of Bunbury Art Policy Guideline




- Cultural Bequests Program(Maximum Approval Amounts) Determination (No 1) 1997


- Museums Australia, Code of Ethics for Art, History and Science Museums (1990)

- National Standards for Australian Museums and Galleries (Version 1.2)

- Aboriginal Heritage Act 2006


- UNESCO Cultural Convention 1970




Adopted by Council: Council Decision 118/13 21 May 2013





COUNCIL POLICY: Civic Commendations

POLICY OWNER: Chief Executive Officer POLICY STATEMENT: The Mayor is authorised to receive nominations for Civic Commendations

and other awards on behalf of the City of Bunbury, so that the City of Bunbury can recognise the efforts and achievements of community members who have contributed to the City.

POLICY DETAILS:

The Mayor is authorised to receive nominations for Civic Commendations and other Awards in the following categories: (a) Civic Commendation; (b) Mayoral Commendation (may be awarded at Mayor’s discretion); (c) Mayoral Certificate of Appreciation (may be awarded at Mayor’s discretion). Nominations may be made by the Mayor, Deputy Mayor, Councillors, Chief Executive Officer, Directors and/or ratepayers and residents of the City of Bunbury. The Mayor, in consultation with the Deputy Mayor and Chief Executive Officer shall consider all nominations for Civic Commendations. The Mayor (upon receiving a nomination and following appropriate consultation) is duly authorised to award civic commendations if consensus is achieved. Should consensus not be reached following consultation, the matter is to be referred to Council by way of ‘Confidential Report’, for consideration. Nominations are encouraged, particularly from Elected Members and the Executive to ensure that outstanding contributions to the community are recognised and acknowledged by the City of Bunbury.





Document Owner Manager Governance

Adopted by Council: Council Decision (46) (a)/ 16 December 1996


CP-011223 v 1.0 27/06/2017 Council Decision 233/17 Reviewed



07/2007 Reviewed

22/02/2005 Reviewed

18/11/2003 Reviewed

28/05/2002 Reviewed








COUNCIL POLICY: Closed Circuit Television System

POLICY OWNER: Manager Community Law, Safety and Emergency Management

POLICY STATEMENT: The City of Bunbury provides a CCTV system to the district in order to assist:

with the deterrence of offences against person or property;

facilitate a rapid response by City staff, WA Police Officers or other emergency service personnel to incidents of concern; and

improves the safety of traders, retailers, workers, visitors and City of Bunbury staff.

POLICY OVERVIEW:

This policy will apply to all persons who are authorised to manage or use the CCTV system within the City of Bunbury. POLICY DETAILS:

1. Role and Purpose of CCTV System The City of Bunbury provides a CCTV system to the district in order to: deter offences against person or property; facilitate a rapid response by City staff, WAPOL or other emergency service personnel to

incidents of concern; and enhance the safety of traders, retailers, workers, visitors and City of Bunbury staff.

2. Definitions

“Situation of Concern” means a situation which may lead to a breach of statute law, a situation where it appears that a person may be in physical distress or a situation likely to cause a public nuisance or disturbance. “Authorised Person” means a person appointed by the Chief Executive Officer (CEO) of the City of Bunbury, to manage, maintain, view and have access to the City’s CCTV system. “CEO” means the Chief Executive Officer of the City of Bunbury. “CCTV” means Closed Circuit Television System. “MOU” means the CCTV Memorandum of Understanding established between the City of Bunbury and WAPOL. “WAPOL” means the Western Australia Police and where the context requires any person duly sworn as a member of the WA Police.

3. Ownership and Control of the CCTV System a. The CCTV system is owned by and is the sole property of the City of Bunbury. b. The City of Bunbury Manager Community Law, Safety and Emergency Management

(CLSEM) shall manage the system at all times. c. A member of the WAPOL is permitted to operate the CCTV system in accordance

with this Policy and in accordance with the MOU (Appendix 1).


d. A member of the WAPOL may not direct the City of Bunbury authorised person to undertake any task relating to the CCTV system unless in accordance with this Policy or the MOU.

4. CCTV Staff

a. All staff having any duties pertaining to the CCTV system must be duly authorised by the CEO.

b. All staff shall have a police clearance certificate. c. All staff shall follow this Policy and any procedures pertaining to the CCTV at all

times.

5. Access to CCTV a. Only persons authorised by the CEO are permitted access to the CCTV System. b. Public may have access to certain CCTV cameras at the discretion of the City only for

the purpose of gaining a panoramic view of the City and its tourist destinations. The camera shall be so installed to ensure that the public does not have access to view private properties or individuals and/or groups going about their normal and lawful daily business.

6. Surveillance

a. Authorised Persons including the CLSEM shall scan and monitor all cameras routinely.

b. Surveillance of an individual or group shall only take place if the Authorised Person has a reasonable belief that a situation of concern either is taking or is likely to take place.

c. Members of the public going about their normal and lawful business shall not be the subject of undue or illegal surveillance.

7. CCTV System Control

7.1 Recording of Images and Still Photographs a. Images and still photographs may only be recorded by an Authorised Person. b. Copying images or still photographs shall only occur if the City of Bunbury

Authorised Person is of the opinion that a situation of concern is being or is likely to be committed.

c. At no time shall copying of images or still photographs be undertaken of the public going about their lawful business.

d. At no time shall the CCTV system be used to provide surveillance of individuals or groups engaging in rallies, protests or other political behaviour unless there is a well-founded belief that an offence against statute law is likely to or is taking place.

e. All information recorded, collected and collated by means of the CCTV system shall remain the sole property of the City of Bunbury.

f. Any incident recorded or still photograph taken shall be recorded in a register kept for that purpose including date, time and category of incident.

g. The date, time and incident details shall be noted on the rear of any still photograph taken.

h. All recordings and still photographs taken shall be recorded in a register kept for that purpose including date, time and category of incident.

i. All original recordings shall be erased and still photographs shredded after twenty eight (28) days after the date of the recording unless a request is made in writing for it to be held.


j. All written requests for access to original recordings shall be filed at the City of Bunbury.

k. Authorised Persons may view any recording on a random basis. 7.2 Viewing of Recorded Footage

a. WAPOL, Lawyers acting on behalf of individuals engaged in legal proceedings related to a recorded incident, or individuals acting as their own legal counsel in relation to a recorded incident may request to view the footage of that incident.

b. Such a request must specify the subject, date, time and location of the incident, which the person wants to view.

c. Requests by lawyers and individuals shall be made in writing and lodged with the CEO.

7.3 Copying of Recorded Footage and Still Photographs

a. The CEO, Director Planning and Development or CLSEM may authorise the copying of original recorded footage where a recorded incident is the subject of legal proceedings.

b. Copying of original recorded footage is to be made only by the City of Bunbury or an Authorised Person .

c. Any copy of recorded footage is to be marked “copy” and certified as such. d. Where the City of Bunbury provides a copy of recorded footage or still

photograph or any other material, it shall be done in accordance with Section 570B of the Criminal Code.

e. Certified copies will only be released to the parties named above when written permission to do so has been received from an Authorised Person and on the completion of the appropriate documentation.

7.4 Release of Copy of Recorded Footage or Still Photographs

a. A copy of recorded footage and still photographs shall not be released to any person or organisation unless requested under s.711 of the WA Criminal Code Act Compilation Act 1913, by court summons or by other legal instrument.

Nothing in this section prohibits the provision of a copy of recorded footage or still photographs by an Authorised Person or WAPOL if required in accordance with the disclosure of evidence provisions under the Criminal Procedures Act 2004.

b. At no time shall original or copied recordings or still photographs be released to any media organisation, journalist or other individual or group without the written approval of the CEO.

8. Joint Operations with WA Police

a. Members of WAPOL may request the cooperation of the City of Bunbury for the purpose of covert surveillance of WAPOL operations.

b. Such requests shall be made in writing by WAPOL to the CEO. c. The request shall detail the times and general purpose for which surveillance

support is requested. d. The City of Bunbury may decline to provide cooperation. e. Any Authorised Person may withdraw cooperation at any time during the operation

should they consider that the use of the CCTV is contrary to this Policy and/or the MOU.


9. Record Keeping

a. Community Law, Safety and Emergency Management shall be responsible for the keeping of records relating to the CCTV system including recorded footage and still photographs.



- WA Criminal Code Act Compilation Act 1913

- Criminal Procedures Act 2004

- Memorandum of Understanding – Western Australia Policy and City of Bunbury – 30/10/2014

- State Records Act 2000

Document Owner: Director of Planning and Development

Created Date: Council Decision 33/01 13 February 2001


CP-028892 v 1.0 21 March 2017 Council Decision 97/17 Reviewed and amended

CP-028892 v 0.7 12 May 2015 Council Decision 142/15 Reviewed

29 June 2010 Council Decision 121/10

July 2007

22 February 2005

18 Nov. 2003




APPENDIX 1


COUNCIL POLICY: Commercial Leases

POLICY OWNER: Manager Major Projects and Property

POLICY STATEMENT: Council may provide leases to commercial entities to undertake commercial activities.

POLICY DETAILS:

Any lease agreement between the City of Bunbury and a commercial entity will be established using commercial rates and subject to valuations obtained.

Whenever a Council owned premise becomes vacant, a valuation will be obtained and Expressions of Interest will be sought for commercial tenants.

Where there is an existing tenant at the premises and the lease has expired with no further options, a valuation will be obtained and they will be given the first option of renewal for a new lease.

Commercial leases will be subject to appropriate conditions as imposed by resolution of Council.


- Commercial Tenancy (Retail Shops) Agreements Act 1985


- Land Administration Act 1997

- CORPORATE GUIDELINES: Commercial Leases

Authority: Director Planning and Development Services

Document Owner Manager Major Projects and Property



CP-027048 v 1.0 21 March 2017 Council Decision 104/17 Reviewed



COUNCIL POLICY: Community Use of Banner Masts Located in Victoria Street

POLICY OWNER: Director Works and Services POLICY STATEMENT: To provide community / Not-for-Profit groups with the opportunity of

hanging advertising banners in Victoria Street, to promote community activities or upcoming events to passing vehicular and pedestrian traffic.

POLICY OVERVIEW:

That advertising banners suspended from the two (2) banner masts located along Victoria Street should:

contain text and images suitable for public display (e.g. not offensive, sexist, racist or anti-religious etc, but may contain sponsorship details / logos from commercial groups) as defined in the Community Use of Banner Masts Located in Victoria Street Corporate Guidelines;

promote events, products or services of particular significance to the local community or visitors to Bunbury;

be designed so as not to detract from the visual streetscape of Victoria Street; and

be of sufficient dimension and design to suit the design and load capacity of the banner masts.

The cost of installation and removal of the banner is costed as per current City of Bunbury Schedule of Fees and Charges. Any additional works required will be charged to the applicant (at cost) if required. LEGISLATION AND OTHER REFERENCES:


- Codes of Practice, Worksafe WA

- City of Bunbury Occupational Safety and Health procedures

- City of Bunbury adopted Schedule of Fees and Charges

- Corporate Guideline: Community Use of Banner Masts Located in Victoria Street

Authority: Director Works and Services

Adopted by Council: Council Decision 199/06 31 October 2006



12/05/2015 Council Decision 146/15




COUNCIL POLICY: Conferences, Seminars, Training and Induction Courses


POLICY STATEMENT: Council supports the attendance of Elected Members at relevant conferences and seminars, and wherever possible will take advantage of appropriate training opportunities for Elected Members.

POLICY DETAILS:

1. Training courses, seminars or conferences held within the State where the cost to the City is expected to be less than $2,000, may be authorised by the Chief Executive Officer (CEO).

2. Where the cost of a training course, seminar or conference held within the State is more than $2,000, Council will appoint a nominee(s) by a decision of Council.

3. Conferences, seminars or training courses in other States are to be dealt with in the same way as a conference within the State other than requiring an absolute majority decision by Council.

4. Where in any case authorisation is not forthcoming from the CEO, the matter will be referred to council for consideration.

5. Priority will be given to the attendance of any new Elected Members at any induction or training course specifically organised for the benefit of new Elected Members.

6. Priority will be given to any course or seminar that is specifically relevant to an Elected Member’s responsibilities as a member of a committee or other group.

7. Conferences, seminars or training courses hosted by an organisation of which the City of Bunbury is a member or has an interest, would usually be attended by Council’s appointed representatives to that organisation.

8. In deciding who should attend a conference, seminar or training course, an Elected Member’s length of service and remaining term of office on Council may be taken into account.

9. Where more than the appropriate numbers of Elected Members apply, selection will be in accordance with the details set out in this Policy.

10. When determining the cost of a conference, seminar or training course, all costs including travel, accommodation, meals, telephone and other expenses incurred by the Elected Member will be in accordance with the City’s “Reimbursement of Accommodation and Associated Expenses” Policy.

11. Reports detailing the proceedings, knowledge gained and outcomes (for the City of Bunbury) are to be prepared by each attendee and tabled at the subsequent meeting of Council.



- City of Bunbury Council Policy: Reimbursement of Accommodation and Associated Expenses



Adopted by Council: Council Decision (18)(a) 26 August 1991





APPLICATION FORM

ATTENDANCE AT SEMINAR / TRAINING COURSE (to be completed and returned to the Executive Leadership Team)

Elected Member Name:

I am interested in attending the following Seminar/Training course (insert name of course):

To be held on: ____/_____/_____ At (place):

I certify that I have read the criteria for selection contained in Council Policy Conferences, Seminars, Training and Induction Courses – Attendance by Elected Members and provide the following reasons in support of my application. (Attach separate sheet if insufficient room):

Signed Date: _____/_____/_____

OFFICE USE ONLY:

Date Application received: ____/_____/_____ Signed: …………………………………………………..

Position: …………..……………………………………..

Refer to Council Meeting YES/NO Date of Meeting _____/_____/_____ Note: Where cost of attendance is below $2000 the Chief Executive Officer may authorise the application


COUNCIL POLICY: Corporate Revenue Debt Collection

POLICY OWNER: Manager Finance POLICY STATEMENT: The City of Bunbury will actively pursue all outstanding rates and sundry

debtors. All outstanding rates and sundry debtors will be collected in accordance with the Local Government Act 1995 and associated regulations.

POLICY DETAILS:


Ratepayers with balances outstanding 14 days after the due date of rates (excluding pensioners and ratepayers that have elected the Instalment option).

Sundry debtors with balances outstanding greater than 7 days. The Corporate Revenue Debt Collection Policy will be administered in accordance with the Corporate Revenue Debt Collection Guidelines. LEGISLATION AND OTHER REFERENCES:


- Local Government (Financial Management) Regulations 1996

- Rates and Charges (Rebates and Deferments) Act 1992

- CORPORATE GUIDELINE – Corporate Revenue Debt Collection



Adopted by Council: Council Decision 107/13 16 April 2013






COUNCIL POLICY: Council Delegate Reports


POLICY STATEMENT: Elected Members or Officers who are delegates to committees of other organisations as representatives of Council shall provide reports to Council on all deliberations of the committee to which the delegate is appointed.

POLICY DETAILS:

A Delegate is defined as an Elected Member or staff member appointed to a committee of another organisation as a representative of Council. Where the committee minutes are not presented to Council, all Delegates to committees of other organisations are to provide written reports to Council on all deliberations of the committee to which the delegate is appointed. Where practicable, reports are to be presented to the first ordinary meeting of Council following the committee meeting. LEGISLATION AND OTHER REFERENCES: - Nil



Adopted by Council: Council Decision 230/16 12 July 2016





COUNCIL POLICY: Development of Public Land Fund

POLICY OWNER: Office of the Chief Executive Officer

POLICY STATEMENT: The City of Bunbury may provide funds (repayable to the City) to businesses for the purpose of developing public land that will deliver social and economic benefit to the community.

POLICY OVERVIEW:

1. This policy will be applied to all:

(a) Requests for any financial or in-kind assistance in relating to the development of public land within the City of Bunbury.

POLICY DETAILS:

The City seeks to assist development of public land that will deliver social and economic benefit to the community. 1. Only registered businesses within the City of Bunbury Local Government area may apply to

access funds repayable to the City from a self-sustaining fund reserve. The rationale of the self-sustaining fund is to assist business to implement development on public land for the purpose of improving business opportunity and providing identified social and economic benefit to the wider community.

2. Every proposal seeking funds must complete a Development of Public Land Fund Application

Form, which will be reviewed and assessed against a number of criteria and must clearly demonstrate the input as to the social, economic and community benefit.

3. For applications of less than $15,000 the Chief Executive Officer be authorised to approve

subject to the adherence to the Development of Public Land Fund Guidelines. LEGISLATION AND OTHER REFERENCES:


- City of Bunbury Corporate Guideline – Development of Public Land Fund

- City of Bunbury Application Form – Development of Public Land Fund


Created Date: 19 January 2016


CP-033291 19 January 2016 Res 08/16 New Policy



COUNCIL POLICY: Disaster Relief Reserve Fund


POLICY STATEMENT: The Disaster Relief Reserve Fund Policy provides parameters for the disbursement of funds from the City of Bunbury Disaster Relief Reserve Fund.

POLICY CONTEXT: Emergency situations that arise from natural disasters such as floods, fires, earthquakes, tsunamis, cyclones and storms are common in Australia. Donations to Disaster Relief Funds play a significant role in assisting communities affected by natural disasters to respond to and recover from such events. Local Government has the means to assist with community fund raising activities and to make donations to disaster fund raising appeals organised by appropriate charities and aid organisations. In the past, the City of Bunbury has provided relief funding to the communities affected by the Margaret River, Parkville, Esperance and Waroona fires (2011, 2014, 2015 and 2016 respectively), as well as Nha Trang, Khanh Hoa Province for disaster recovery works following Typhoon Damrey (2017). The City of Bunbury recognises that a timely decision to donate either financial or in-kind aid is essential and most effective when made within the immediate stages following a disaster to assist with rescue efforts and to help minimise loss and suffering. SCOPE: This policy applies to natural disasters occurring within Australia. The provision of funding internationally shall only be via resolution of Council. Contributions shall be limited to financial and in-kind aid. Any other fundraising events and activities will be dealt with outside of this policy. POLICY DETAILS: 1. The City of Bunbury has an established Disaster Relief Reserve Fund (the Reserve), the purpose

of which is to “provide relief of personal hardship and distress arising from natural disasters”. 2. The Reserve may be used to provide funds to appropriate charities and aid organisations for the

relief of personal hardship and distress arising from natural disasters occurring within Australia. 3. Subject to the scope of this policy, determinations for funding will be made by an informal panel

comprising the Mayor, Deputy Mayor and Chief Executive Officer. Where either the Mayor or Deputy Mayor are unavailable, the Chief Executive Officer will include a Councillor/s to ensure that two Elected Members are included in the decision-making process at all times.

4. Where unanimous consensus cannot be reached under clause 3, the matter will be referred to

Council for consideration.


5. Donations from the Reserve will be assessed in a fair, equitable and timely manner and also be subject to the “Criteria for Donation” section of this policy.

6. Subject to clause 4 and sufficient funds being available for this purpose in the annual budget, the

Chief Executive Officer is authorised to implement any unanimous determination made under clause 3.

7. Donations should generally only be made to widely-recognised aid agencies. CRITERIA FOR DONATION: The following is to be considered when deciding on an appropriate donation:

The scale of the disaster;

The capacity of other government agencies and organisations to respond to the disaster;

The need for ongoing support, ie. rebuilding disaster stricken areas

The impact of any such crises on the City’s immediate region and community; and

Any connections that the affected area has to the cultural origin of the City of Bunbury.

LEGISLATION AND OTHER REFERENCES: - Local Government Act 1995






COUNCIL POLICY: Elected Member Allowances, Expenses and Supplies


POLICY STATEMENT: To outline the support that will be provided to Elected Members through

the payment of allowances, reimbursement of expenses incurred, insurance cover and supplies provided in accordance with the Local Government Act 1995 while performing the official duties of office.

POLICY DETAILS: 1. Allowances

1.1 Mayoral Allowance [Local Government Act 1995 s.5.98(5)]

The Mayor shall be entitled to an annual local government allowance within the applicable band range as determined by the Salaries and Allowances Tribunal. The exact quantum of the Mayoral Allowance is determined annually by Council when adopting the annual budget, and within the prescribed range. 1.2 Deputy Mayor Allowance [Local Government Act 1995 s.5.98A]

The Deputy Mayor shall be entitled to an annual local government allowance equivalent to 25% of the Mayoral Allowance. 1.3 Meeting Attendance Allowance [Local Government Act 1995 s.5.98(1)(b)]

The Mayor and Elected Members shall be entitled to an annual Meeting Attendance Allowance within the applicable band range as determined by the Salaries and Allowances Tribunal. The exact quantum of the Meeting Attendance Allowance is determined annually by Council when adopting the annual budget, and within the prescribed range. 1.4 ICT Expenses Allowance [Local Government Act 1995 s.5.99A and Local Government (Administration) Regulations 1996 Reg.31 and 32]

Elected Members shall be entitled to an annual Information Communication and Technology (ICT) allowance equal to the maximum amount permitted to be paid as determined by the Salaries and Allowances Tribunal to cover all information and communications technology costs that are a kind of expense for which Elected Members may be reimbursed as prescribed by Regulations 31(1)(a) and 32(1) of the Local Government (Administration) Regulations 1996.


2. Information and Communication Technologies (ICT)

2.1 iPad/Tablet Device The City of Bunbury recognises the benefits of digital communications and information sharing. The City’s preferred technology for disseminating and managing Council documentation is via an online format utilising Apple iPads (or similar devices) and Docs on Tap software. Each Elected Member is responsible for sourcing a suitable device as soon as possible following election to Council. The cost of the device will be reimbursed to the Elected Member from their ICT Expenses Allowance. Alternatively, at the Elected Members request, the City may purchase a device on their behalf, and will deduct the cost from their ICT Expenses Allowance. Elected Members are responsible for all data expenses associated with the iPad/tablet device.

The City will install requisite Docs on Tap and email software on individual devices at the earliest opportunity post election. The software and applications installed on the iPad/tablet device by the City are required to remain on the device in usable condition and be readily accessible at all times. From time to time the City may contact Elected Members regarding upgrades or additional software applications, and as such Elected Members are requested to provide their device to the City for periodic updates and synchronising. It is suggested that iPads/tablet devices be replaced every 2 years, to enable City systems to advance at the same or a similar rate as technology. 2.2 Business Cards The City will provide each Elected Member with a quantity of 500 printed business cards for relevant City business use within each term of office. The business card format will be in accordance with the City’s Style Guide. 2.3 Letterhead An electronic letterhead template will be provided to each Elected Member for relevant City business use within each term of office.

3. Reimbursable Expenses

3.1 Travel Expenses [Local Government Act 1995 s.5.98(2)(b) and (3) and Local Government (Administration) Regulations 1996 Reg.31(1)(b)]

Elected Members shall be entitled to reimbursement of travelling expenses incurred while using their own private motor vehicle in the performance of the official duties of their office, subject to claims being related to travel to a destination from their normal place of residence or work and return in respect to the following: a. Council Meetings, Civic functions, Citizenship Ceremonies or briefings called by

Council, the Mayor or the Chief Executive Officer.

b. Committees to which the Councillor is appointed a delegate or deputy by Council.


c. Meetings, training and functions scheduled by the Chief Executive Officer or Directors.

d. Conferences, community organisations, industry groups and local government associations to which the Elected Member has been appointed by Council as its delegate or a deputy to the delegate.

e. Functions and presentations attended in the role as an Elected Member or whilst deputising for the Mayor, that are supported by a copy of the relevant invitation or request for attendance.

f. Gatherings or events (i.e. funerals, local business or community events), approved by the Chief Executive Officer for attendance by the Mayor or the Mayor’s nominated deputy as a representative of the City.

g. Any other occasion in the performance of an act under the express authority of Council.

h. Site inspections in connection with matters listed on any Council Agenda paper (Members to state the Item Number listed on any Council Agenda paper along with the date and time of the visit on the claim form).

i. In response to a request to meet with a ratepayer/elector, but excluding the day of Council Elections. (Members to state the time and purpose of the visit and the name and address of the ratepayer/elector on the claim form).

Reimbursement will be in accordance with the requirements outlined in annexure D.

3.2 Intrastate or Interstate Travel and Accommodation [Local Government Act 1995 s.5.98(2)(a) and (3) and Local Government (Administration) Regulations 1996 Reg.32(1)]

a. The cost of accommodation for Elected Members and staff when staying on Council

business either:

i. overnight in a hotel or motel; or

ii. at a place other than a hotel or motel;

shall be reimbursed to the maximum amount stated in the Public Service Allowance Schedule I – Travelling, Transfer and Relieving Allowance (shown at Annexure C).

b. All costs are to be fully substantiated by receipts and invoices; or if staying in accommodation other than a hotel or motel, a signed statutory declaration with certification from the owners of the premises shall be provided.

c. All costs for breakfast, lunch, dinner and other incidental costs shall be paid in accordance with the rates stated in Annexure C.

d. In addition to the rates contained in Annexure C, Elected Members and staff members shall be reimbursed reasonable incidental expenses such as train, bus and taxi fares, official telephone calls and IT expenses and laundry and dry cleaning expenses, on production of receipts.

e. Where an Elected Member or staff member is accompanied at an event, all costs for or incurred by the accompanying person, including, but not limited to, travel, breakfast, lunch and dinner, registration and/or participation in any event programs, are to be borne by the Elected Member or staff member or accompanying person and not by the City. The cost for an accompanying person attending any official event dinner where partners would normally be expected to attend shall be met by the City.


f. An accompanying person’s registration, or accompanying person’s program fee, is to be paid to the conference organiser, at the time of registration. The City will administer the registration and payment process for the accompanying person if the relevant forms and payment are made to the City in advance for the accompanying person.

g. Expenses will generally be reimbursed from the time an Elected Member or staff member leaves home to attend an event to the time the Elected Member or staff member returns home. Should a person extend a visit by leaving prior to the time necessary to arrive for the event or return after the time at which the person could have returned following the event, reimbursements will be paid:

i. for the days of the event only (including travel periods); and ii. for the cost of travel to and from the airport to the accommodation to be used

for the event. 3.3 Child Care Costs [Local Government Act 1995 s.5.98(2)(a) and (3) and Local Government (Administration) Regulations 1996 Reg.31(1)

Elected Members shall be entitled to reimbursement of the lesser amount of actual child care costs or the amount prescribed by the Salaries and Allowances Tribunal for care of children, of which they are parent or legal guardian, whilst attending a Council meeting or a meeting of a committee of which he or she is a member.

4. OTHER SUPPORT / SUPPLIES

4.1 Insurance The City will insure or provide insurance cover for Elected Members for: a. Personal accident whilst engaged in the performance of the official duties of their

office, however, the cover does not include medical expenses.

b. Spouses/partners of Elected Members are entitled to the same level of cover when attending meetings, conferences or functions with the express approval of the Chief Executive Officer.

c. Professional indemnity for matters arising out of the performance of the official duties of their office provided the performance or exercise of the official duty is in the opinion of Council, not illegal, dishonest, against the interests of the City or otherwise in bad faith.

d. Public liability for matters arising out of the performance of the official duties of their office but subject to any limitations set out in the policy of insurance.

4.2 City Vehicle provided to the Mayor Private use of the Mayoral Vehicle will be in accordance with the Council Policy: Private use of Mayor Vehicle. 4.3 Name badges The City will provide each Elected Member with a name badge to be worn at official functions and meetings


4.4 Car Parking The City will provide each Elected Member with an annual car parking permit which enables free car parking whilst on Council-related business within the specified areas of the permit.

Any reimbursement of costs under the terms of this Policy shall be made within 30 days of being invoiced for such expenditure. LEGISLATION AND OTHER REFERENCES: - Local Government Act 1995

- Local Government (Administration) Regulations 1996

- Salaries and Allowances Act 1975

- Salaries and Allowances Tribunal Determination on Local Government Elected Council Members Dated 11 April 2017

- Council Policy: Private Use of Mayoral Vehicle

- Annexure A: Accommodation and Incidental Allowances Claim Form

- Annexure B: Private Vehicle Allowance Claim Form

- Annexure C: City of Bunbury Travelling Allowance Schedule

- Annexure D: City of Bunbury Motor Vehicle Allowance Schedule for Elected Members



Adopted by Council: Council Decision 363/17 03 October 2017


CP-039952

https://www.slp.wa.gov.au/legislation/statutes.nsf/law_a465.html

https://www.slp.wa.gov.au/legislation/statutes.nsf/law_s4572.html

https://www.slp.wa.gov.au/legislation/statutes.nsf/law_a725.html

https://www.sat.wa.gov.au/LocalGovernmentCEOsandElectedMembers/Pages/11-April-2017---CEOs-and-Elected-Members.aspx

https://www.sat.wa.gov.au/LocalGovernmentCEOsandElectedMembers/Pages/11-April-2017---CEOs-and-Elected-Members.aspx

http://mydocs/sites/cp/Corporate%20Administration/Administer%20council%20policies/Council%20Policies%20(Current)/Private%20Use%20of%20Mayoral%20Vehicle.docx


City of Bunbury Policy Manual - Page 54 Annexure A

Accommodation and Incidental Allowances Claim

Form

DEPARTMENT ………………………………….…………… EMPLOYEE NAME ………………………………………….……… GL NUMBER ……………………………..……………..…… ADDRESS………………………………………………………………... CLAIM PARTICULARS – Please ensure receipts or invoices are attached I hereby make claim for expenses incurred whilst attending the following event: Conference/Seminar Name: ……………………………………………………………………………………………………………… Name of Town/City and State in which event was held: …………………………………………………………………… Type of Accommodation Claimed: [ ] Hotel [ ] Private Accommodation Hotel Name: ……………………………………………………….……………………………………………………………………………… Period Claimed: (from) ………………………………… to …………………….……………….. Total Number of Days Claimed …………………………….…… ----------------------------------------------------------------------------------------------------------------------------- Number of Days ………………….…. @ (daily rate) $....................... Sub-total $.................. Other Incidental Expenses: Type …………………………………………………………..……………… Amount $.................. Type ………………………………………………………..………………… Amount $.................. TOTAL THIS CLAIM $.................. If claiming for travelling expenses, complete the section below:

Date Departure Place Time Arrival Place Time

I HEREBY CERTIFY THAT THE EXPENSES CLAIMED WERE INCURRED ON OFFICIAL COUNCIL BUSINESS AND COMPLY WITH COUNCIL POLICY AND ALL COSTS ARE SUBSTANTIATED WITH RECEIPTS AND/OR INVOICES. SIGNATURE OF APPLICANT: …………………………………………….……. DATE: …………………………………………… OFFICE USE ONLY: SIGNATURE OF AUTHORISING OFFICER: ………………………………………………………………..

City of Bunbury Policy Manual - Page 55 Annexure B

I ________________________________ hereby claim payment for use of my private vehicle on Council business and declare this claim to be true and correct. Make of Vehicle

Registration Number

Engine Capacity (CC)

DATE TRIP, JOB OR INSPECTION KILOMETRES

TOTAL KMS

RATE PER KM

AMOUNT CLAIMED $

SIGNATURE

AUTHORISED – MANAGER

Private Vehicle Allowance Claim Form

City of Bunbury Policy Manual - Page 56 Annexure C

City of Bunbury Travelling Allowance Schedule (An extract from the Public Service Award 1992 Schedule I – Travelling, Transfer and Relieving Allowance)

____________________________________ ALLOWANCE TO MEET INCIDENTAL EXPENSES (Must be substantiated with receipts) (1) WA – South of 26° South Latitude $14.55 per day (Maximum)

(2) WA – North of 26° South Latitude $21.70 per day (Maximum)

(3) Interstate $21.70 per day (Maximum)

ACCOMMODATION INVOLVING AN OVERNIGHT STAY IN A HOTEL OR MOTEL INCLUDING THE COST OF ALL MEALS (Must be substantiated with receipts or invoice)

(4) WA Metropolitan Hotel or Motel $305.45 per day (Maximum)

(5) Locality South of 26° South Latitude $208.55 per day (Maximum)

(6) Locality North of 26° South Latitude $ Variable Rate (Refer CEO)

(7) Interstate – Capital City:

Sydney $304.90 per day (Maximum)

Melbourne $288.55 per day (Maximum)

Other Capitals $270.10 per day (Maximum)

(8) Interstate Other than Capital City $208.55 per day (Maximum)

ACCOMMODATION INVOLVING OVERNIGHT STAY AT OTHER THAN HOTEL OR MOTEL INCLUDING THE COST OF ALL MEALS (9) WA South of 26° South Latitude $93.65 per day (Maximum)

(10) WA North of 26° South Latitude $128.25 per day (Maximum)

(11) Interstate $128.25 per day (Maximum)

TRAVEL NOT INVOLVING AN OVERNIGHT STAY (All expenses must be substantiated with receipts)

Location Breakfast Lunch Dinner

WA – South of 26° South Latitude

$16.30 (Maximum)

$16.30 (Maximum)

$46.50 (Maximum)

WA – North of 26° South Latitude

$21.20 (Maximum)

$33.20 (Maximum)

$52.20 (Maximum)

Interstate $21.20 (Maximum)

$33.20 (Maximum)

$52.20 (Maximum

*Current as at 28 August 2017

City of Bunbury Policy Manual - Page 57 Annexure D

City of Bunbury Motor Vehicle Allowance Schedule for Elected Members

The extent to which a council member of a local government can be reimbursed for travel costs referred to in regulation 31(1)(b) of the LG Regulations is:

(a) if the person lives or works in the local government district or an adjoining local government district, the actual cost for the person to travel from the person's place of residence or work to the meeting and back; or

(b) if the person does not live or work in the local government district or an adjoining local government district, the actual cost, in relation to a journey from the person's place of residence or work and back:

(i) for the person to travel from the person's place of residence or work to the meeting and back; or

(ii) if the distance travelled referred to in subparagraph (i) is more than 100 kilometres, for the person to travel from the outer boundary of an adjoining local government district to the meeting and back to that boundary.

Travel costs incurred while driving a privately owned or leased vehicle (rather than a commercially hired vehicle) are to be calculated at the same rate contained in Section 30.6 of the Local Government Officers' (Western Australia) Interim Award 2011 as at the date of this determination.

Section 30.6 of the Local Government Officers’ (Western Australia) Interim Award 2011) Section 30.6 Rates of hire for use of an Officer's own motor vehicle on official business shall be as follows: Engine displacement (in cubic centimetres) Area and Details Over 2600cc Over 1600cc to

2600cc 1600cc and under

Cents per kilometre Metropolitan area 93.97 67.72 55.85 South West Land Division

95.54 68.66 56.69

North of 23.5 Latitude

103.52 74.12 61.21

Rest of state 99.01 70.87 58.37 Motor cycle Rate c/km Distance travelled 32.55 30.6.1 Motor vehicles with rotary engines are to be included in the 1600 - 2600 category. 30.6.2 Metropolitan area means that area within a radius of 50 kilometres from the Perth Railway

Station. 30.6.3 South West Land Division means the South West Land Division as defined by Section 28 of

the Land Act. 30.6.4 Other areas means that area of the State south of 23.5 degrees South Latitude, north of

23.5 degrees South Latitude, excluding the Metropolitan area and the South West Land Division.

*Current as at 28 August 2017


COUNCIL POLICY: Elected Member Requests

POLICY OWNER: Chief Executive Officer POLICY STATEMENT: The City will respond to requests made by Elected Members in a timely and

professional manner in accordance with the details stipulated within this Policy.

POLICY DETAILS:

1. Any Elected Member wishing to make enquiry or obtain any information regarding an

operational/strategic issue shall contact the City through the established Elected Member enquiries process, being that all matters are referred to the Mayor’s Executive Assistant in the first instance, with email being the preferred method of contact.

2. The Executive Assistant to the Mayor will register all enquiries received from Elected

Members. 3. Upon registration of the enquiry, a response shall be coordinated by the relevant Director or

Chief Executive Officer as appropriate. 4. A response will be provided directly to the Elected Member with a cc to all Elected Members,

within five (5) working days, and a record of the response saved. If the matter is deemed confidential in accordance with clause 6, only the referring Elected Member shall receive the response.

5. Should the matter not be resolved within the nominated timeframe of five (5) working days,

the Director or Chief Executive Officer (as appropriate) shall provide an update report every ten days (10) (or as otherwise agreed with the Elected Member) on the matter until resolved.

6. In addition to the process outlined above, any Elected Member who wishes to raise a matter

on a confidential basis is to send the request direct to the Chief Executive Officer only, with a specific request that the matter be dealt with in confidence and a reason/s outlining why. Where there is conjecture as to the sensitivity or otherwise of such matters raised, the Chief Executive Officer will consult with the Mayor to ascertain whether the request be dealt with as being confidential. The Chief Executive Officer will prepare a response and provide this back to the individual Elected Member in line with the parameters stipulated in clauses 4 and 5.


- Local Government Act 1995 – Regulation 10(1)(a) of the Local Government (Rules of Conduct Regulation 2007)

- State Records Commission – Local Government Elected Members Policy

- City of Bunbury Code of Conduct

Document Owner: Chief Executive Officer

Created Date: Res 639/99 7 December 1999



21 March 2017 Res 99/17 Reviewed and updated

17 May 2016 Res 157/16 Reviewed and updated

CP-025641 v1 19 January 2016 Res 07/16 Reviewed and updated

CP-025641 2 September 2014 Res 338/14 Reviewed and updated




COUNCIL POLICY: Employee Wellbeing POLICY OWNER: Manager Organisational Development

POLICY STATEMENT: At the City of Bunbury (the ‘City’), employee wellbeing encompasses the health, safety and wellbeing of our employees at work. The City recognises the importance of supporting improved health and wellbeing for staff and the mutual benefit this offers. The purpose of this policy is to ensure that staff have the opportunity to access health and wellbeing initiatives and choices in the workplace as identified in the City’s Enterprise Agreement and Corporate Guidelines, which demonstrate Council’s commitment to staff health and wellbeing.

POLICY DETAILS:

This policy serves as a commitment by the City to support a workplace culture that educates and encourages healthy lifestyle choices by staff. The City will promote and encourage staff to participate in opportunities to improve their health, safety and wellbeing in the workplace.

The City also actively encourages staff to provide input into health and wellbeing activities, whether directly to the Senior Occupational Health and Safety Officer or through workplace OSH Representatives.

The City’s Corporate Guideline Employee Wellbeing covers staff benefits identified within the City’s Enterprise Agreement and other City documents, including but not limited to:

South West Sports Centre Gym and Pool membership

Employee benefits with Private Health Insurance Providers and other beneficial services

Employee Assistance Program

A minimum of two (2) health and wellbeing activities for staff per financial year

Blood donations

The City’s Corporate Guideline – Employee Wellbeing will inform the direction and actions required for all City staff.


- Occupational Safety & Health Act 1984

- Occupational Safety & Health Regulations 1996

- City of Bunbury Corporate Guideline – Employee Wellbeing

- City of Bunbury Employees 2015 Enterprise Agreement


Document Owner Manager Organisational Development

Adopted by Council: Council Decision 319/15 15 September 2015


CP-031073 23 January 18 Council Decision 8/18 Reviewed and Amended



COUNCIL POLICY: Equal Opportunity

POLICY OWNER: Manager Organisational Development POLICY STATEMENT: To ensure the fair and equitable treatment of persons accessing the City of

Bunbury’s services / facilities (members of the public) and/or in the course of employment (employees) with the City of Bunbury

POLICY CONTENT: The City of Bunbury has a commitment to Equal Opportunity (EO) under the obligations of the Equal Opportunity Act 1984. This commitment is reflected by the integration of the principles of EO into the City’s Strategic Community Plan Code of Conduct, Equal Opportunity Corporate Guideline and work practices. The City’s Equal Opportunity Management Plan will inform the direction, actions and training required under legislation for all City staff. LEGISLATION AND OTHER REFERENCES:

- Local Government Act 1995 - Equal Opportunity Act 1984 - Fair Work Act 2009 (Cth) - Age Discrimination Act 2004 (Cth) - Workplace Gender Equality Act 2012 (Cth) - Disability Discrimination Act 1992 (Cth) - Sex Discrimination Act 1984 (Cth) - Racial Discrimination Act 1975 (Cth) - City of Bunbury City Strategic Community Plan - City of Bunbury Code of Conduct - City of Bunbury Workplace Grievance Resolution Corporate Guideline - City of Bunbury Equal Opportunity Management Plan


Document Owner Manager Organisational Development

Adopted by Council: Council Decision 332/99 22 June 1999


CP-028894 V 1.0 21/03/2017 Council Decision 96/17 Reviewed and amended





Changes to this document can only be made by the document owner. The electronic version on the Intranet is the controlled version. Printed copies are considered uncontrolled and should be verified as current version.

Page 62 of 133

COUNCIL POLICY: Execution of Documents


POLICY STATEMENT: To ensure the City’s common seal is correctly utilised and documents executed in accordance with the provisions of the Local Government Act 1995 and in a consistent and transparent manner.

POLICY OVERVIEW:

This Policy applies to all City of Bunbury Officers who have been authorised through the provisions of this policy to execute documents on behalf of Council and the City of Bunbury. According to section 9.49A(1) of the Local Government Act 1995 (the Act) a document is duly executed by a local government if the common seal is affixed to it or it is signed by an officer authorised to do so. Part 21 of the City of Bunbury Standing Orders Local Law 2012, provides for the execution and procedure of the Common Seal. Pursuant to s.9.49A(4) of the Act the local government may, by resolution, authorise the chief executive officer, another employee or an agent of the local government to sign documents on behalf of the local government, either generally or subject to conditions or restrictions specified in the authorisation.

In the case of:

(a) Legislation;

(b) The formal requirements of a Commonwealth or State department, authority or agency (as described in a Policy or procedure); or

(c) A Council decision;

expressly specifying a particular way in which a document is to be executed, that course of action is to take precedence over this Policy.

If it is unclear what category a document is, then the higher category is to take precedence. If any documents are considered high risk and/or significant in nature having for example a political, historical/customary, controversial or financial impact on the City, the CEO or a Director can determine how such documents are to be executed. POLICY DETAILS:

1(A) Category 1(A) Documents

Category 1(A) documents require a specific resolution of Council to execute the document as well as an authority to affix the seal.

These documents will be executed by having the common seal affixed under the authorisation of Council with the affixing of the seal in the presence of and being attested to by the Mayor



Page 63 of 133

and CEO or pursuant to s9.49A(3)(b) of the Act, the Mayor and a senior employee authorised by the CEO to do so. The following is a list of Category 1(A) documents: (a) Deeds of Agreement and Release in respect to sale, purchase or other commercial

dealing relating to City assets including equitable interests;

(b) Local Planning Schemes and Amendments;

(c) Landgate Transfer of Land forms;

(d) Lease documents. This category includes, but is not limited to:

Variation of Lease;

Assignment of Lease; and

Surrender of Lease;

except where granted under delegated authority;

(a) Local Laws; and

(b) Licence documents.

1(B) Category 1(B) Documents

Category 1(B) documents are those of a general form or category and which may be subject to time constraints for execution. These documents are to be sealed as part of a “class of documents” authorised by Council to be executed under the common seal without a specific Council resolution to affix the seal. Please note that the document may not require a Council resolution, being a Category 1(B) document, however the decision to undertake a particular course of action may still require Council approval.

The following is a list of Category 1(B) documents:

(a) Agreements relating to grant funding, when the funder requires that the agreement be

signed under seal;

(b) Debenture documents for loans which Council has resolved to raise;

(c) General Legal and Service Agreements not already listed in this policy; and

(d) Extension of Lease under original lease clause or provision;

(e) Sub Lease of a portion of the premises by the Lessee;

(f) Minor Variation of Lease provided it does not alter the substantive terms of the Lease approved by Council (for example, changes a process within the lease).

2 Category 2 Documents

Category 2 documents do not require the seal to be affixed. Under section 9.49A(4) Council authorises the Officers listed in the Table below to sign documents on behalf of the City of Bunbury. Directors only have authority where the documents are related to their area of responsibility.


Description Authority to execute Typical documents Offer and Acceptance forms and associated documents required to enact a decision of Council to purchase or sell land. This does not include mortgage and Transfer of Land document which are Landgate forms listed as Category 1 documents.

CEO

standard REIWA terms

Special conditions of offer;

Contracts of sale, etc.

General deeds, legal and service agreements CEO; The Responsible Director;

settlement and/or releases;

confidentiality and non-disclosure;

sponsorship;

grant funding;

deferral of developer contributions;

bonding arrangements;

memorandums of understanding etc

Leases, licences and access agreements associated documents,

CEO; the Responsible Director; the City officer delegated authority by the CEO;

any notices required to be given under a lease, etc.

Documents required in the management of land as a land owner

CEO; Director of Planning and Development Services

subdivision applications;

development applications,

building applications

agreement for access and indemnity

works agreement, etc

Documents required to enact a decision of Council or the Development Assessment Panel

CEO; The responsible Director

Contractual documents resulting from a tender process

Transfer of land forms

Notification on title as required by a condition of approval, etc

Documents required to enact a decision made under delegated authority or as a condition of approval given under delegated authority.

CEO; The responsible director; The City officer exercising the delegated authority

Planning Approvals

Building Approvals, etc


Description Authority to execute Typical documents Other statements of intent and terms and conditions CEO;

the Responsible Director or Manager

Letters of employment for casual employees

hire agreements for city facilities;

Higher duties for positions up to and including team leader/supervisor, etc

3 Category 3 Documents

Category 3 documents are documents that are created in the normal course of business to discharge the duties of an officer’s position in a manner consistent with City policies corporate guidelines or procedures. Category 3 documents are to be executed by the CEO, a Director or Manager, or a City officer where the authority and accountability has been extended through an authorisation, policy, corporate guideline or a position description. It is therefore important to have a good knowledge of the documents that relate to the team which is responsible for the document.

These documents include, but are not limited, to the following: (a) Letters, correspondence and other documents that reflect an operational or procedural

action required in the ordinary course of business;

(b) Agreements for the purchase of goods or services identified within the department’s budget (other than for tenders) and conforming to the requirements of the City's Purchasing Policy and other relevant policies.

(c) when a responsible officer has a specific role such as applying for and organising receipt of grants, and which requires him/her to sign documents relevant to the grant; and

(d) When a responsible officer is authorised by relevant laws or is delegated authority by Council to issue notices and infringements.

The above list is not intended to be exhaustive, but rather give context to the typical nature of a category 3 document.

General:

The responsible officer is required to assess the document to ensure it is appropriate for signing. The CEO may nominate a Director to sign documents of their behalf for a specific period of time should the CEO be away from the office on City business.

All documents which provided to the CEO for execution should be accompanied by a completed “request for signature/approval” form.


- Local Government Act 1995, s.2.7(2)(b), s.9.49A

- Request for Signature/Approval Form


- City of Bunbury Style Guide





CP-042629



COUNCIL POLICY: Food Regulation Compliance and Enforcement

POLICY OWNER: Manager Environmental Health POLICY STATEMENT: This Policy sets out Council’s approach to food regulatory enforcement

activity for food businesses within the City, and provides a range of prescribed compliance and enforcement options in response to food safety compliance failures.

POLICY DETAILS:

The City of Bunbury Food Regulation Compliance and Enforcement Policy is in accordance with the nation Enforcement Guideline and the WA Department of Health’s Compliance and Enforcement Guideline. The guideline requires the graduated application of enforcement measures. The objectives of the guideline are as follows:

1. To be consistent with the risk based approach to the enforcement activity.

2. To be efficient in enforcement approach.

3. To provide transparency to consumers and the food industry on how the City makes decisions on enforcement action.

4. To guide decision making and actions by the City in the consistent use of enforcement options commensurate with the risk.

5. To use compliance and enforcement strategies in such a way as to best achieve legislated objectives and encourage compliance with legislated provisions.

6. To provide a framework to implement a cooperative and collaborative approach to enforcement action to achieve compliance in a manner that protects consumers.

7. To provide protection for consumers from inappropriate and/or misleading trade practices.


- Health Act 1911

- CORPORATE GUIDELINE: Food Regulation Compliance and Enforcement Guideline

- Food Act 2008

- Food Regulations 2009

- Food Standards Code


Document Owner Manager Environmental Health



CP-026036 v 1.0 21/03/17 Council Decision 105/17 Reviewed with no changes






Page 68 of 133

COUNCIL POLICY: Footpath Network Contributions for Development


POLICY STATEMENT: New development1 can result in additional demands being placed on the provision and maintenance of footpath infrastructure, and in appropriate circumstances the City will seek a contribution from developers to support the upgrading of footpath infrastructure which is proportional to the demand created and that the contribution is expended in a fair and equitable manner.

POLICY OVERVIEW: Until such time as a comprehensive Development Contributions Plan has

been adopted by the City of Bunbury, this policy is to operate as an interim policy position that provides the rationale for seeking footpath contributions from developers undertaking development within the City of Bunbury

POLICY DETAILS:

The City of Bunbury receives footpath network contributions across various types of development. The circumstances under which these contributions are applied for residential, commercial and mixed-use development are set out as follows:

Residential

Footpath network contributions are primarily generated through residential developments. This development may come in the form of freehold subdivision, strata subdivision and grouped/multiple dwelling development.

Contributions are not sought when a single dwelling is constructed on a vacant lot. They are only sought when either more than one dwelling is built on a single lot or if additional lots are created through the subdivision process (either freehold or strata).

Should a developer construct more than one dwelling on a single lot (grouped/multiple dwelling development) and then subdivide the lots at a later stage, the footpath network contribution will only be applied once.

Commercial and Mixed-use

Footpath network contributions for commercial and mixed-use developments are determined on a case-by-case basis. Contributions are typically in the form of in-kind works. There are a number of factors used to determine the requirement for a contribution. Consideration is given to the following:

- Setting of the development;

- Anticipated volume of pedestrian traffic generated by use;

- Whether there is an existing footpath already constructed; and

1 Development is as defined by the Planning and Development Act 2005


- The condition rating of any existing footpath2.

Footpath network contributions in the form of cash payment are calculated using lot frontage multiplied by a path construction cost rate (based on a 2m wide concrete footpath) as provided in the City of Bunbury’s Annual Fees and Charges Schedule. The income generated in any given financial year from footpath contributions is used the following financial year and put towards footpath upgrades within the City of Bunbury.

The City of Bunbury ultimately aims to produce a Development Contribution Plan that clearly sets out a scope and framework for development contributions. Development Contribution Plans need to be incorporated into the Local Planning Scheme and as such will require extensive consultation, advertising and Ministerial approval prior to coming into effect.



- Planning and Development Act 2005

- State Planning Policy 3.6 Development Contributions for Infrastructure


Document Owner Manager Sustainability, Planning and Development



2 Footpaths are condition rated 1 to 5 (1 being the best) through an asset inspection process.

Footpaths conditioned 3 to 5 will be more likely to require upgrading as part of a development.


COUNCIL POLICY: Grant Funding Program

POLICY OWNER: Director of Corporate and Community Services

POLICY STATEMENT: To provide an equitable and transparent process through which Council determines its financial support to individuals, community and sporting groups, and other legal entities.

POLICY DETAILS:

The City of Bunbury provides funding for a range of programs, events and activities each year to enhance the community and economy. The Grant Program aims to be thorough yet transparent and enable a range of quality and diverse projects to take place. Every proposal seeking funding from the City of Bunbury must complete a Grant Application, which will be reviewed and assessed against a number of criteria around social, economic, strategic and community benefit. Funding Categories include:

Community

Arts

Events


- City of Bunbury Corporate Guideline – Grant Funding Program

Authority: Director of Corporate and Community Services

Document Owner Director of Corporate and Community Services



CP-028905 v 1.0 20/03/2018 Council Decision 71/18 Reviewed with minor

amendment











Page 71 of 133

COUNCIL POLICY: Hiring of City of Bunbury Billboards

POLICY OWNER: Chief Executive Officer POLICY STATEMENT: To ensure that the City of Bunbury manages the hiring of City of Bunbury

Billboards to promote events predominately within the City of Bunbury and Greater Bunbury, and to meet the City’s standards and expectations of the public.

POLICY DETAILS:

The City of Bunbury owns and manages two (2) community billboards located in main entry points into Bunbury as well as two (2) banner holders located in the Central Business District which can be hired to promote community activities, events, and tourism.

Billboards available for hire are:

1. Koombana Drive billboard (south side of Koombana Drive and opposite Dolphin Centre); and

2. Picton Road billboard (located on the North-West bound side, east of Forrest Ave and opposite Henley Drive).

Conditions of hire for billboards:

1. Hirer to pay the total hire bill within four (4) weeks of acceptance date to confirm booking.

2. Hirer is responsible for all artwork design, production and signwriting costs.

3. Signage material is to be corflute and installed into the tracking system currently embedded on the sign. Billboard dimensions are 4800mm long x 1200m high x 10mm depth. A professional sign writer must write and erect panels. No paint is to be used.

4. Panels may not be written on whilst erected on signboard.

5. Hirer is to ensure the standard of advertising is non-offensive and cannot be construed as offensive. Content must be approved by the City of Bunbury Events Department prior to any artwork or signwriting being drawn.

6. The Hirer cannot sublet any area or section on the billboard.

7. Hirer is responsible for any damage caused to the billboards due to sign writing or installation of the advertising material.

8. Any damage to the Hirer’s sign is the responsibility of the Hirer to repair, replace or remove.

9. The City of Bunbury will remove graffiti from the original City of Bunbury sign. The City will not remove graffiti from the Hirers sign. Removal of graffiti from the Hirer’s sign is the responsibility of the Hirer. Racist, obscene or otherwise offensive graffiti must be removed within 24 hours of graffiti appearing.

10. Hirer is required to remove panels within 24 hours of conclusion of booking date.

Banners available for hire:


1. Victoria Street between Wellington and Symmons Streets x2

Conditions of hire for banners:

1. Hirer to pay the total hire bill within four (4) weeks of acceptance date to confirm booking.

2. The banner will be displayed for a period of two (2) weeks with installation and removal on Wednesdays.

3. Hirer is responsible for all artwork design production costs.

4. Banners are to be no larger than 900mm high, a total length of 9000mm, and must include a 6000mm length of rope from each corner (total 2400mm rope). A minimum of ten (10) eyelets are required across the top of the banner. Banners without eyelets will not be installed.

5. A diagram of the banner including the wording is to be attached to the application form.

6. Hirer is to ensure the standard of advertising is non-offensive and cannot be construed as offensive. Content must be approved by the City of Bunbury Events Department prior to any artwork being produced.

7. Hirer is responsible for any damage caused to the banners

8. The banner is to be delivered to the City of Bunbury Depot at Lot 37 Nuytsia Avenue Carey Park one (1) week prior to the installation date, and retrieved no later than one (1) week after the removal date. Storage of banners is not possible and uncollected banners may be destroyed.


- Not Applicable


Document Owner Director of Corporate and Community Services

Adopted by Council: Council Decision 257/07 18 December 2007






Page 73 of 133

COUNCIL POLICY: Honorary Freeman of the City of Bunbury


POLICY STATEMENT: This policy stipulates the procedure for the nomination, selection and

awarding of the prestigious title to a person designated as ‘Honorary Freeman of the City of Bunbury’.

POLICY DETAILS:

Council may, subject to the eligibility and selection criteria of this Policy and associated Corporate Guideline being met, decide by special majority (75%) to confer the title of ‘Honorary Freeman of the City’ on any person. The title shall be reserved for persons who have rendered exceptional service to the City of Bunbury community. This prestigious honour will not be awarded regularly but only on rare and exceptional occasions. The nomination and consideration of proposals to award the title of ‘Honorary Freeman of the City’ shall be dealt with in strictness of confidence. When Council meets to consider the nomination, the meeting shall be closed to the members of the public and reports concerning the nomination procedure shall be deemed to be confidential items pursuant to section 5.95(3) of the Local Government Act 1995. LEGISLATION AND OTHER REFERENCES:


- Corporate Guideline – Honorary Freeman of the City of Bunbury



Adopted by Council: Council Decision 46(b) 16 December 1996











Page 74 of 133

COUNCIL POLICY: Land Rationalisation and Acquisitions

POLICY OWNER: Manager Major Projects

POLICY STATEMENT: The City of Bunbury will take a strategic approach to identifying land for potential acquisition or rationalisation, consistent with broader corporate strategic planning principles and the City’s relevant strategic land use and development strategies, policies and planning principles.

POLICY OVERVIEW:

This policy will be applied to all potential future land acquisitions, adaptions and disposals. POLICY DETAILS:

1. Any proposals for land acquisition, adaptation or rationalisation will, as a minimum, include the following considerations: current usage, statutory and strategic planning aspects, including environmental, social and economic considerations, operational and management costs, community engagement (where appropriate) and contribution to future plans and strategies.

2. The City of Bunbury will assess opportunities for the redevelopment or development of property where the City is the developer or where the City enters into a public/private partnership or Joint Venture

3. Officers will annually review the City’s landholdings and provide Council with a report on the progress of Land Rationalisation and Acquisitions.



- Local Government (Functions and General) Regulations 1996

- Land Administration Act 1997









COUNCIL POLICY: Leases and Licences - Sporting and Community

POLICY OWNER: Manager Major Projects and Property

POLICY STATEMENT: Council acknowledges the societal and economic value sporting and

community groups provide to the city. Council is committed to supporting sporting and community groups that enter into lease or license arrangements with the City, to ensure they are affordable.

POLICY DETAILS:

Sporting groups may be defined as a group of people formed for the purpose of playing sports. Community groups may be defined as a group of people formed, at a community level, for the purpose of working towards the creation or enhancement of their community. Sporting and community groups do not earn profits for their administrators or members. The City of Bunbury may provide leases and licenses to organisations which cover land and buildings owned or managed by the City including Crown land. It is acknowledged that the cost of providing affordable leases and licenses to sporting and community groups is subsidised by the ratepayers of Bunbury. This Policy is not intended to generate a revenue stream. To protect the City’s interests all leases and licenses are to include two non-negotiable clauses those being: 1. unless otherwise agreed, a redevelopment clause, providing a twelve month notice

period; and 2. a remediation clause to ensure buildings and assets not owned or approved by the

City are appropriately dealt with when any lease or license arrangement ends. Sporting or community groups that enter into a lease or license arrangement with the City will not be charged a rental fee. Sporting and community groups will be charged a fee for the preparation of documents, including variations, extensions, assignments and surrenders to existing leases/licenses. Sporting and community groups with existing “peppercorn” leases/licenses will remain as such and not be charged a fee for the preparation of documents. All sporting and community groups that enter into lease or license arrangements with the City will be charged minimum rates. Sporting and community groups that do not pay rates due to existing lease or license terms or legislative exemptions will remain as such and not be charged rates.


Page 76 of 133

Sporting and community groups that enter into lease or license arrangements over storage facilities less than 300sqm and have a permitted use consistent with storage of equipment and goods only, as outlined in their lease or license, will not be charged rates. No concessions will be given to the Emergency Services Levy and waste services charges. The City provides substantial infrastructure to its lessees and licensees. The upkeep and maintenance of the leased/licensed premises will continue to be undertaken by sporting and community groups in accordance with the terms contained within their lease or license, which will make clear the responsibilities of all parties to the lease or license. This Policy does not incorporate;

Leasing of airport sites or casual hire of City of Bunbury facilities:

Government funded entities; or

Commercial leasing and licensing arrangements. LEGISLATION AND OTHER REFERENCES:

Nil



Adopted by Council: Council Decision 419/14 11 November 2014


28/06/2018 Council Decision 186/18 Major Review and Changes

CP-035756 v 1.0 12/07/2016 Council Decision 238/16 Reviewed with changes



COUNCIL POLICY: Legal Representation for Elected Members and Employees

POLICY OWNER: Chief Executive Officer POLICY STATEMENT: To provide Elected Members and employees an undertaking that they are

protected from threats and will be given proper legal representation if any legal action is taken against them in relation to their role of elected member or employee of the City of Bunbury.

POLICY DETAILS:

Subject to the parameters of the Corporate Guideline being met, the City of Bunbury will pay reasonable legal expenses incurred if an elected member or employee’s work related actions results in legal action. LEGISLATION AND OTHER REFERENCES:

Local Government Act 1995

CORPORATE GUIDELINE: Legal Representation for Elected Members and Employees


Document Owner Chief Executive Officer



CP-011228 v 1.0 27/06/2017 Council Decision 232/17 Reviewed





COUNCIL POLICY: Media Statements

POLICY OWNER: Manager Governance

POLICY STATEMENT: To ensure factual press statements are made which clearly define Council decisions and policies and to maximise opportunities for Council to communicate with residents. This includes the following: - to be proactive; - communication with all Directorates to achieve positive media

coverage; - to be open and transparent and keep the public updated with what’s

happening; - to respond to all queries where possible.

POLICY DETAILS:

The City of Bunbury takes a coordinated approach to all media enquiries. As such, the following procedures are to be abided by when dealing with various media outlets (i.e. radio, print and television) 1. Media Enquiries:

All media enquiries are to be directed to the Media and Communications Officer in the first instance. The Officer, in consultation with the Mayor and CEO will then contact the appropriate Department or employee, and determine if a response is appropriate. A response will be provided in the form of an email or interview.

2. Spokespeople

Once it is established that a response is warranted, the Mayor is the spokesperson for Council. If the Mayor is unavailable, the Deputy Mayor will be contacted.

Where the Mayor approves, the CEO will be the spokesperson for Council. A City Director, Manager or other officer may be the spokesperson on projects being undertaken, impending issues and campaigns, if deemed appropriate by the CEO. Directors may be the spokesperson on matters relating to operational, media campaign or routine matters in their areas of responsibility.

If a City of Bunbury staff member is approached to speak to the media or appear on camera, they should refer the matter to the Media and Communications Officer. It is important to establish whether the staff member is appearing or speaking on a personal level or representing the City. In order to regulate this, all requests should go through the Media and Communications Officer.

Under no circumstance is a member of staff (with exception of the CEO and Directors) to initiate contact with a representative of the media without having previously liaised with the Media and Communications Officer.

3. Media Coverage during Emergencies

Under emergency circumstances, critical incident management and disaster recovery, the above roles and procedures will not apply. All media or emergency enquiries are to be directed to the Mayor or his nominated representative.







CP-011229 v 1.0 27/06/2017 Council Decision 229/17 Reviewed - minor changes

07/07/2015 Council Decision 231/15 Reviewed with no changes


29/01/2013 Reviewed

29/06/2010 Reviewed

18/11/2003 Reviewed

24/09/2003 Reviewed

28/05/2002 Reviewed





COUNCIL POLICY: Minor Grants


POLICY STATEMENT: To provide an equitable and transparent process for Council to provide minor grant funding to individuals, community and sporting groups, and other legal entities.

POLICY DETAILS:

Where funds are allocated in the City’s annual budget for that purpose, the City of Bunbury will consider applications for minor grant funding to the value of $500 per application. Applications for minor grant funding will only be considered if they meet one or more of the criteria below:

1. Programs that provide benefit to the community of Bunbury; 2. Small, one off community programs that have not been included in the City’s annual

budget or have not received funding through either of the community grants or events funding pools (reference Council Policy Grant Funding Program);

3. Donations for not-for-profit incorporated community groups in the Bunbury region, which may also include individuals who are pursuing sporting, career or cultural activities that provide a benefit to the City of Bunbury.

Minor grant funding will not be provided for:

1. Sponsorship of international communities/individuals; 2. Political parties or religious groups; 3. Commercial enterprises or entities; 4. ‘Topping’ up funding for projects included in the City’s annual budget.

Applications will be invited on an ongoing basis until all funds in the City’s annual budget for that purpose are expended. Applications must be in writing and submitted to the Chief Executive Officer marked Application for Minor Grant as follows: Chief Executive Officer Application for Minor Grant PO Box 21

Bunbury WA 6231 Email: [email protected]

The Chief Executive Officer is authorised to approve applications for minor grant funding under the terms of this Policy.

mailto:[email protected]







CP-035747



COUNCIL POLICY: Naming of Roads, Reserves, Bridges and Other Places

POLICY OWNER: Director Works and Services POLICY STATEMENT: This Policy defines the standards and procedures for the naming of Roads,

Reserves, Bridges and other Places within the City of Bunbury. POLICY DETAILS:

Any requests for the naming of a Road, Reserve, Bridge or other Place will be considered in accordance with the Policies and Standards for Geographical Naming in Western Australia. LEGISLATION AND OTHER REFERENCES:

- Policies and Standards for Geographical Naming in Western Australia


- City of Bunbury Corporate Guideline – Naming of Roads and Reserves





CP-023761



COUNCIL POLICY: Private Use of Mayoral Vehicle

POLICY OWNER: Chief Executive Officer POLICY STATEMENT: To outline the requirements surrounding the use of the City vehicle

provided to the Mayor in accordance with the provisions of the Local Government Act 1995 and Local Government Regulations (Administration) 1996.

POLICY DETAILS:

The position of Mayor of the City of Bunbury shall, for the purposes of carrying out the functions of the Mayoral office, be entitled to receive the provision of a fully maintained local government owned vehicle. The type/standard of vehicle to be provided will be determined by the City.

The vehicle provided to the position of Mayor:

is to be in lieu of travel/mileage claims otherwise claimable by the Mayor for his or her personal vehicle;

can be used for personal private purposes (including use by a driver nominated by the Mayor) on the basis that the cost of that private use is fully reimbursed by the Mayor;

shall not be used for any commercial purposes;

will not occur at the reduction of the fees, allowances and reimbursements (other than the travel/mileages claims) otherwise ordinarily payable to the Mayor as approved by Council in accordance with the relevant provisions of the Local Government Act 1995; and

will be administered in accordance with any related Policy/Guideline the City has in place.

The calculation of the private use component of the vehicle costs to be reimbursed to the City by the Mayor is to be determined as follows:

A logbook is to be kept of all private use of the vehicle, which shall be agreed with the Mayor as being the basis upon which the costs of private use will be calculated and subsequently required to paid by the Mayor to the City, at the relevant rate per kilometre as specified in Schedule F of the Western Australia Public Service Award 1992; and

On the basis that the predominant use of the vehicle will be for official purposes, only those vehicle costs of a “variable” nature directly affected by the additional private use will be used for determining the payment for private use to be made by the Mayor. This includes fuel, vehicle servicing costs (and then only the additional servicing costs occasioned by the private use) and depreciation where it can be shown that the additional private use has negatively impacted on the trade values of the vehicle.







26 June 2018 Council Decision 187/18 Reviewed with no changes

CP-025047 17 May 2016 Council Decision 164/16 Reviewed with no changes



COUNCIL POLICY: Public Art


POLICY STATEMENT: This policy guides all aspects of the management of the City of Bunbury’s Public Art projects, programs and services.

POLICY DETAILS:

The City of Bunbury Public Art Collection is owned and managed by the City of Bunbury, through Bunbury Regional Art Galleries, on behalf of the people of the city of Bunbury. The following principles underpin the City of Bunbury’s commitment to public art:

1. Public art opportunities will be a component of future planning and development projects. 2. City of Bunbury projects with a public art component will be subject to this policy. 3. Adequate funding will be provided for commissioning new public art and maintaining the

City of Bunbury’s existing Public Art Collection according to a prioritised schedule of works. 4. That the Public Art Collection will acknowledge Bunbury’s culturally diverse community and

celebrate Noongar culture, storytelling and traditions, in consultation with the Noongar community.


- Local Government Act Functions and General Regulations (1996)

- CORPORATE GUIDELINE: City of Bunbury Public Art Policy Operational Guidelines



- Copyright Amendment (Moral Rights) Act 2000

- City of Bunbury Asset Management Policy

- City of Bunbury Model Purchasing Policy

- City of Bunbury Corporate Guideline: Disposal of Minor Assets





CP-038535



COUNCIL POLICY: Public Interest Disclosure


POLICY STATEMENT: The City of Bunbury will receive disclosures of public interest information in accordance with the provisions of the Public Interest Disclosure Act 2003

POLICY DETAILS:

The City of Bunbury does not tolerate corrupt or other improper conduct, including mismanagement of public resources, in the exercise of the public functions of the City of Bunbury and its officers, employees and contractors. The City of Bunbury is committed to the aims and objectives of the Public Interest Disclosure Act 2003 (PID Act). It recognises the value and importance of contributions of employees to enhance administrative and management practices and strongly supports disclosures being made by employees as to corrupt or other improper conduct. As a property authority, the City of Bunbury is responsible for:

receiving disclosures;

investigating disclosures;

taking appropriate action; and

reporting. The City of Bunbury will take all reasonable steps to provide protection to employees who make such disclosures from any detrimental action in reprisal for the making of a public interest disclosure. The City of Bunbury does not tolerate any of its officers, employees or contractors engaging in acts of victimisation or reprisal against those who make public interest disclosures.


- Public Interest Disclosure Act 2003

- Public Interest Disclosure Regulations 2003


- City of Bunbury Corporate Guideline – Public Interest Disclosure





CP-025635 12 July 2016 Council Decision 233/16 Reviewed with no changes

http://mydocs/sites/cp/Corporate%20Administration/Administer%20council%20policies/Guidelines%20(Current)/Corporate%20Guideline%20Public%20Interest%20Disclosure.docx



COUNCIL POLICY: Publication of Information


POLICY STATEMENT: To establish protocols identifying collected information which may be published and made publicly available during an invited consultation process and which relates to matters determined by Council.

POLICY DETAILS:

In accordance with the City of Bunbury’s mission, Council regularly invites members of the public and local community to make submission or comment. Community consultation, written submissions or comments may occur for matters such as proposed developments, strategies, town planning scheme amendments and changes of policy.

All details received as part of any consultation or submission process, including, but not limited to, name, address and contact information, may be available to the public as part of the Council’s consultation processes.










COUNCIL POLICY: Purchasing

POLICY OWNER: Manager Governance POLICY STATEMENT: The City of Bunbury (the “City”) is committed to delivering best practice in

the purchasing of goods, services and works that align with the principles of transparency, probity and good governance and complies with the Local Government Act 1995 (the “Act”) and Part 4 of the Local Government (Functions and General) Regulations 1996, (the “Regulations”) Procurement processes and practices to be complied with are defined within this Policy and the City’s prescribed procurement procedures.

POLICY OVERVIEW:

This policy is based on: i) s5.42, s5.44, s5.46, s6.2(4a), s6.8 of the Local Government Act (1995) as amended; and ii) Local Government Act (Financial Management) Regulations 1996, Part 4. POLICY DETAILS:

1. OBJECTIVES The objectives of this Policy are to ensure that all purchasing activities:

demonstrate that best value for money is attained for the City;

are compliant with relevant legislations, including the Act and Regulations;

are recorded in compliance with the State Records Act 2000 and associated records management practices and procedures of the City;

mitigate probity risk, by establishing consistent and demonstrated processes that promotes openness, transparency, fairness and equity to all potential suppliers;

ensure that the sustainable benefits, such as environmental, social and local economic factors are considered in the overall value for money assessment; and

are conducted in a consistent and efficient manner across the City and that ethical decision making is demonstrated.

2. ETHICS & INTEGRITY

2.1 Misconduct All officers and employees of the City undertaking purchasing activities must:

Apply accountable and ethical decision making principles within the work environment.

Behave in accordance with legislation, City of Bunbury Council Policies, Corporate Guidelines and Code of Conduct.

Understand and observe the definitions of Misconduct and Serious Misconduct as defined in the Corruption Crime and Misconduct Act 2003.

Report any information about actual or potentially fraudulent, corruption or illegal activities, including breaches of the City’s Code of Conduct, to your manager, Director or CEO.


2.2 Purchasing Principles

The following principles, standards and behaviours must be observed and enforced through all stages of the purchasing process to ensure the fair and equitable treatment of all parties:

all purchases of goods and services must have the required Council budget appropriation prior to purchase.

full accountability shall be taken for all purchasing decisions and the efficient, effective and proper expenditure of public monies based on achieving value for money;

all purchasing practices shall comply with relevant legislation, regulations, and requirements consistent with the City’s Policies and Code of Conduct;

purchasing is to be undertaken on a competitive basis where all potential suppliers are treated impartially, honestly and consistently;

all processes, evaluations and decisions shall be transparent, free from bias and fully documented in accordance with applicable policies, audit requirements and relevant legislation;

any actual or perceived conflicts of interest are to be identified, disclosed and appropriately managed;

any information provided to the City by a supplier shall be treated as commercial-in-confidence and should not be released unless authorised by the supplier or relevant legislation; and

a purchase order must be approved and issued prior to engaging a supplier to obtain goods or services.

3 VALUE FOR MONEY

3.1 Policy Value for money is determined when the consideration of price, risk and qualitative factors are assessed to determine the most advantageous outcome to be achieved for the City. As such, purchasing decisions must be made with greater consideration than obtaining lowest price, but also to incorporate qualitative and risk factors into the decision.

3.2 Application An assessment of the best value for money outcome for any purchasing process should consider:

all relevant Total Costs of Ownership (TCO) and benefits including transaction costs associated with acquisition, delivery, distribution, as well as other costs such as but not limited to holding costs, consumables, deployment, maintenance, supplier changeover costs and disposal;

the technical merits of the goods or services being offered in terms of compliance with specifications, contractual terms and conditions and any relevant methods of assuring quality, including but not limited to an assessment of levels and currency of compliances, value adds offered, warranties, guarantees, repair and replacement policies, ease of inspection, ease of after sales service, ease of communications etc.


financial viability and capacity to supply without risk of default (competency of the prospective suppliers in terms of managerial and technical capabilities and compliance history);

a strong element of competition in the allocation of orders or the awarding of contracts. This is achieved by obtaining a sufficient number of competitive quotations wherever practicable;

the safety requirements associated with both the product design and specification offered by suppliers and the evaluation of risk when considering purchasing goods and services from suppliers;

purchasing of goods and services from suppliers that demonstrate sustainable benefits and good corporate social responsibility; and

providing opportunities for businesses within the Bunbury/Wellington Group of Councils to be given the opportunity to quote for providing goods and services wherever possible.

4 PURCHASING REQUIREMENTS

4.1 Legislative / Regulatory Requirements The requirements that must be complied with by the City, including purchasing thresholds and processes, are prescribed within the Regulations, this Policy and associated purchasing procedures in effect at the City.

4.2 Policy Purchasing that is $150,000 or below in total value for the life of the contract (excluding GST) must be in accordance with the purchasing requirements under the relevant threshold as defined under section 0 of this Purchasing Policy. Purchasing that exceeds $150,000 in total value for the life of the contract (excluding GST) must be put to public Tender when it is determined that a regulatory Tender exemption, as stated under section 4.7 of this Policy is not deemed to be suitable.

4.3 Purchasing Value Definition Determining purchasing value is to be based on the following considerations: 1. Exclusive of Goods and Services Tax (GST); 2. The actual or expected value of a contract over the full contract period, including

all options to extend; or the extent to which it could be reasonably expected that the City will continue to purchase a particular category of goods, services or works and what total value is or could be reasonably expected to be purchased. A best practice suggestion is that if a purchasing threshold is reached within three years for a particular category of goods, services or works, then the purchasing requirement under the relevant threshold (including the tender threshold) must apply.

4.4 Purchasing from Existing Contracts

Where the City has an existing contract in place, it must ensure that goods and services required are purchased under these contracts to the extent that the scope of the contract allows. When planning the purchase, the City must consult its Contracts Register through the Contracts and Procurement Team in the first instance before seeking to obtain quotes and tenders on its own accord.


4.5 Purchasing Thresholds The table below prescribes the purchasing process that the City must follow, based on the purchase value:

Purchase Value Threshold

Purchasing Requirement

Up to $2,000 Purchase directly from a supplier using a Purchas Order or Corporate Credit Card issued by the City, or obtain at least one (1) oral or written quotation from a suitable supplier, either from:

an existing panel of pre-qualified suppliers administered by the City; or

a pre-qualified supplier on the WALGA Preferred Supply Program or State Government Common Use Arrangement (CUA); or

from the open market.

Over $2,000 and up to $50,000

Obtain at least three (3) written quotations from suppliers after providing a brief outlining the specified requirement, either from:


a pre-qualified supplier on the WALGA Preferred Supply Program or State Government CUA; or

from the open market. **Where the value is expected to be over $20,000 or the

procurement is considered high risk, the Officer shall seek advice from the Contracts and Procurement Team to establish if a formal contract process is required.

Over $50,000 and up to $150,000

Obtain at least three (3) written quotations from suppliers by formal invitation under a Request for Quotation, containing price and detailed specification of goods and services required. The procurement decision is to be based on pre-determined evaluation criteria that assesses all value for money considerations in accordance with the definition stated within this Policy. The Contracts and Procurement Team shall facilitate the quotation process. Quotations within this threshold may be obtained from:


a pre-qualified supplier on the WALGA Preferred Supply Program or State Government CUA; or

from the open market utilising the electronic tendering portal and placing an advertisement in the local paper.

Requests for quotation from a pre-qualified panel of suppliers (whether administered by the City through the WALGA preferred supply program or State Government CUA) are not required to be invited using a Request for Quotation form, however at least three written quotes are still required to be obtained.

Over $150,000 Where the purchasing requirement is not suitable to be met


Purchase Value Threshold

Purchasing Requirement

through a panel of pre-qualified suppliers, or any other tender-exempt arrangement as listed under section 4.7 of this Policy, conduct a public Request for Tender process in accordance with Part 4 of the Local Government (Functions and General) Regulations 1996, this policy and the City’s tender procedures. The procurement decision is to be based on pre-determined evaluation criteria that assesses all value for money considerations in accordance with the definition stated within this Policy.

4.6 Approval Limits

The Chief Executive Officer has delegated authority from Council to undertake purchases of goods and services which are, or expected to be up to the value of $250, 000 and up to $500, 000 where the supply of products or services is procured through the Western Australian Local Government Association (WALGA), State or Commonwealth Governments or any of its agencies that provide preferred supplier contracts or arrangements.

Where the good and services so procured contain options to extend the contract for a further period(s), the delegated amounts listed above shall be applied per annum to a maximum value not exceeding $750,000 excluding GST.

The Chief Executive Officer may on delegate authority from Council to any Director to maintain efficient and effective operations.

4.7 Tendering Exemptions

An exemption to publicly invite tenders may apply in the following instances:

the purchase is obtained from a pre-qualified supplier under the WALGA Preferred Supply Program or State Government Common Use Arrangement.

the purchase is from a Regional Local Government or another Local Government;

the purchase is acquired from a person registered on the WA Aboriginal Business Directory, as published by the Small Business Development Corporation, where the consideration under contract is worth $250,000 or less and represents value for money;

the purchase is acquired from an Australian Disability Enterprise and represents value for money;

the purchase is from a pre-qualified supplier under a Panel established by the City; or

any of the other exclusions under Regulation 11 of the Regulations apply.

4.8 Inviting Tenders Under the Tender Threshold Where considered appropriate and beneficial, the City may consider publicly advertising Tenders in lieu of undertaking a Request for Quotation for purchases under the tender threshold. This decision should be made after considering the benefits of this approach in comparison with the costs, risks, timeliness and compliance requirements and also whether the purchasing requirement can be met through the WALGA Preferred Supply Program or State Government CUA. If a decision is made to undertake a public Tender for contracts expected to be $150,000 or less in value, the City’s tendering procedures must be followed in full.

4.9 Sole Source of Supply


Where the purchasing requirement is over the value of $2,000 and of a unique nature that can only be supplied from one supplier, the purchase is permitted without undertaking a tender or quotation process. This is only permitted in circumstances where the City is satisfied and can evidence that there is only one source of supply for those goods, services or works. The City must use its best endeavours to determine if the sole source of supply is genuine by exploring if there are any alternative sources of supply. Once determined, the justification must be endorsed by the Chief Executive Officer or Director, prior to a contract being entered into. From time to time, the City may publicly invite an expression of interest to effectively determine that one sole source of supply still genuinely exists.

4.10 CEO Discretion Where it is not practical to obtain multiple written and/or verbal quotations for amounts between $2,000 and less than $150,000 the CEO may approve the purchase of goods and services where deemed appropriate after approving a written request from the Officer justifying the reasons for the purchase.

4.11 Anti-Avoidance

The City shall not enter into two or more contracts or create multiple purchase order transactions of a similar nature for the purpose of "splitting" the value of the purchase or contract to take the value of the consideration of the purchase below a particular purchasing threshold, particularly in relation to Tenders and to avoid the need to call a public Tender.

4.12 Emergency Purchases An emergency purchase is defined as an unanticipated and unbudgeted purchase which is required in response to an emergency situation as provided for in the Local Government Act 1995. In such instances, quotes and tenders are not required to be obtained prior to the purchase being undertaken. An emergency purchase does not relate to purchases not planned for due to time constraints. Every effort must be made to anticipate purchases required by the City in advance and to allow sufficient time to obtain quotes and tenders, whichever may apply.

5 RECORDS MANAGEMENT Records of all purchasing activity must be retained in compliance with the State Records Act 2000 (WA).

For each procurement activity, such documents may include:

The Procurement initiation document such as a procurement business case which justifies the need for a contract to be created (where applicable);

Procurement Planning and approval documentation which describes how the procurement is to be undertaken to create and manage the contract;

Request for Quotation/Tender documentation;

Copy of public advertisement inviting tenders, or the notice of private invitation (whichever is applicable);

Copies of quotes/tenders received;

Evaluation documentation, including individual evaluators note and clarifications sought;

Negotiation documents such as negotiation plans and negotiation logs;


Approval of award documentation;

All correspondence to respondents notifying of the outcome to award a contract;

Contract Management Plans which describes how the contract will be managed; and

Copies of contract(s) with supplier(s) formed from the procurement process.

6 BUY LOCAL POLICY As much as practicable, the City will:

where appropriate, consider buying practices, procedures and specifications that do not unfairly disadvantage local businesses;

consider indirect benefits that have flow on benefits for local suppliers (i.e. servicing and support);

ensure that procurement plans address local business capability and local content; and

provide adequate and consistent information to potential suppliers. 6.1 Eligibility

a preference is applicable to locally based contractors and suppliers within the Bunbury Wellington Group of Councils. This includes the City of Bunbury along with the Shires of Capel, Dardanup, Collie, Harvey and Donnybrook-Balingup; and

to qualify as a local contractor a supplier must have had a permanent office and staff in the Bunbury/Wellington Group of Councils for a period of at least six (6) months prior to the closing date of the quotation/tender submission.

6.2 Price Preference

a 5% price preference to a maximum of $50, 000 in value applies to all goods and services for those supplier(s) that meet the eligibility requirements; and

where the procurement is for goods or services for a period exceeding twelve (12) months, the 5% price preference to a maximum of $50, 000 shall be applied per annum.

7 PURCHASING FROM DISABILITY ENTERPRISES

Pursuant to Part 4 of the Local Government (Functions and General) Regulations 1996, the City is not required to publicly invite tenders if the goods or services are to be supplied from an Australian Disability Enterprise, as registered on www.ade.org.au. This is contingent on the demonstration of value for money.

8 PURCHASING FROM ABORIGINAL BUSINESSES Pursuant to Part 4 of the Local Government (Functions and General) Regulations 1996, the City is not required to publicly invite tenders if the goods or services are to be supplied from a person registered on the Aboriginal Business Directory published by the Small Business Development Corporation on www.abdwa.com.au, where the expected consideration under contract is worth $250,000 or less. This is contingent on the demonstration of value for money.

9 PANELS OF PRE-QUALIFIED SUPPLIERS 9.1 Policy Objectives

In accordance with Regulation 24AC of the Local Government (Functions and General) Regulations 1996, a Panel of Pre-qualified Suppliers (“Panel”) may be created where most of the following factors apply:

the City determines that a range of similar goods and services are required to be purchased on a continuing and regular basis;

there are numerous potential suppliers in the local and regional procurement-related market sector(s) that satisfy the test of ‘value for money’;

http://www.ade.org.au/

http://www.abdwa.com.au/


the purchasing activity under the intended Panel is assessed as being of a low to medium risk;

the Panel will streamline and will improve procurement processes; and

the City has the capability to establish, manage the risks and achieve the benefits expected of the proposed Panel.

The City will endeavour to ensure that Panels will not be created unless most of the above factors are firmly and quantifiably established.

9.2 Establishing a Panel Should the City determine that a Panel is beneficial to be created, it must do so in accordance with Part 4, Division 3 the Local Government (Functions and General) Regulations 1996. Panels may be established for one supply requirement, or a number of similar supply requirements under defined categories within the Panel. Panels may be established for a minimum of two (2) years and for a maximum length of time deemed appropriate by the City. Evaluation criteria must be determined and communicated in the application process by which applications will be assessed and accepted. Where a Panel is to be established, the City will endeavour to appoint at least two (2) suppliers to each category, on the basis that best value for money is demonstrated. In each invitation to apply to become a pre-qualified supplier (through a procurement process advertised through a state-wide notice), the City must state the expected number of suppliers it intends to put on the panel. Should a Panel member leave the Panel, they may be replaced by the next ranked Panel member determined in the value for money assessment should the supplier agree to do so, with this intention to be disclosed in the detailed information set out under Regulation 24AD(5)(d) and (e) when establishing the Panel.

9.3 Distributing Work Amongst Panel Members To satisfy Regulation 24AD(5) of the Regulations, when establishing a Panel of pre-qualified suppliers, the detailed information associated with each invitation to apply to join the Panel must either prescribe whether the City intends to: i. Obtain quotations from each pre-qualified supplier on the Panel with respect to

all purchases, in accordance with Clause 9.4; and/or ii. Purchase goods and services exclusively from any pre-qualified supplier

appointed to that Panel, and under what circumstances; and/or iii. Purchase goods and services on a rotational basis from each pre-qualified

supplier and endeavour to provide an even amount of work amongst pre-qualified suppliers.

In considering the distribution of work among Panel members, the detailed information must also prescribe whether: a) each Panel member will have the opportunity to bid for each item of work under

the Panel, with pre-determined evaluation criteria forming part of the invitation to quote to assess the suitability of the supplier for particular items of work.


Contracts under the pre-qualified panel will be awarded on the basis of value for money in every instance; and/or

b) service requests that are not possible to obtain a fixed price may be rotated between pre-qualified supplier(s) to obtain the most advantageous result for the City which may take into account the existing familiarity with a suppliers previous work on a specific City of Bunbury asset; and/or

c) should the list of panel members be exhausted with no panel member accepting the offer to provide goods/services under the Panel, the City may then invite suppliers that are not on the panel to provide the goods/services in line with the purchasing thresholds as listed in section 4.5.

In every instance, a contract must not be formed with a pre-qualified supplier for an item of work beyond 12 months, which includes options to extend the contract.

9.4 Purchasing from the Panel The invitation to apply to be considered to join a panel of pre-qualified suppliers must state whether quotations are either to be invited to every member (within each category, if applicable) of the Panel for each purchasing requirement, whether a ranking system is to be established, or otherwise. Each quotation process, including the invitation to quote, communications with panel members, quotations received, evaluation of quotes and notification of award communications must all be captured on the City’s electronic records system. A separate file is to be maintained for each quotation process made under each Panel that captures all communications between the City and Panel members.

9.5 Recordkeeping Records of all communications with Panel members, with respect to the quotation process and all subsequent purchases made through the Panel, must be kept. For the creation of a Panel, this includes:

The Procurement initiation document such as a procurement business case which justifies the need for a Panel to be created;

Procurement Planning and approval documentation which describes how the procurement is to be undertaken to create and manage the Panel;

Request for Applications documentation;

Copy of public advertisement inviting applications;

Copies of applications received;

Evaluation documentation, including clarifications sought;

Negotiation documents such as negotiation plans and negotiation logs;

Approval of award documentation;

All correspondence to applicants notifying of the establishment and composition of the Panel such as award letters;

Contract Management Plans which describes how the contract will be managed; and

Copies of framework agreements entered into with pre-qualified suppliers.

The City is also to retain itemised records of all requests for quotation, including quotations received from pre-qualified suppliers and contracts awarded to Panel members. A unique reference number shall be applied to all records relating to each


quotation process, which is to also be quoted on each purchase order issued under the Contract. Information with regards to the Panel offerings, including details of suppliers appointed to the Panel, must be kept up to date, consistent and made available for access by all officers and employees of the City.



- Local Government Act (Financial Management) Amended Regulations 2015

- Local Government (Functions and General) Regulations 1996


- Corruption Crime and Misconduct Act 2003



Adopted by Council: Council Decision 440/16 13 December 2016


CP-037588



COUNCIL POLICY: Recognition of Employee Service upon Retirement or Resignation

POLICY OWNER: Manager Organisational Development

POLICY STATEMENT: This policy establishes guidelines and outlines the circumstances in which, employees may be formally recognised and Gratuity Payments made, in accordance with Section 5.50 of the Local Government Act 1995 (the Act).

POLICY OVERVIEW:

A Gratuity Payment, when made, is in addition to any amount that the employee is entitled to under a Contract of Employment, Enterprise Agreement or Award. This Policy acts as a standalone document. Contractual entitlements are as per the employees Letter of Offer.

The City of Bunbury recognises the service provided: By employees with 20 or more years continuous service, or By other employees who in the judgement of the CEO, have made a significant and valuable

contribution to the organisation over a period less than 20 years continuously. To show appreciation and give formal recognition to employees who have made extended or otherwise valuable contribution to the community, the Council and to promote positive workplace relations. POLICY DETAILS:

The value of a payment or payments made under section 5.50(1) and (2) of the Act to an employee whose employment with Council finishes after 1 January 2010 will be made in accordance with Regulation 19A and is not to exceed in total: (a) The value of a person’s final remuneration, if the person:

Accepts voluntary severance by resigning as an employee; and

Is not a CEO or a senior employee whose employment is governed by a written contract in accordance with section 5.39

Or (b) In all other cases, $5000.00 Special Circumstances If special circumstances warrant, Council may at any time give consideration for a gratuity that is additional to that set out in this policy. In this instance public notice will be given of the additional gratuity.



- Local Government Act 1995 - Local Government (Administration) Regulations 1996


Document Owner Manager Organisational Development and Human Resources








COUNCIL POLICY: Recognition of Long Serving Employees

POLICY OWNER: Manager Organisational Development POLICY STATEMENT: The City of Bunbury will recognise long serving employees with more than

10 years of continuous service, and satisfy the provisions of section 5.50 of the Local Government Act 1995.

POLICY OVERVIEW

To show appreciation to employees with extended periods of service and to promote positive workplace relations between the City of Bunbury, Council and employees.

POLICY DETAILS:

All staff who reaches milestone service achievements are officially recognised and presented with the following:

5 Years – Certificate

10 Years – Certificate and gift or voucher to the value of $100





35 Years – Certificate, and gift or voucher to the value of $350



50 Years – Certificate and gift or voucher to the value of $500 LEGISLATION AND OTHER REFERENCES:




Adopted by Council: Council Decision (27) (b) 17 September 1990





22/06/1999 Council Decision 332/99 Reinstated as policy

11/1997 Accepted as work procedure



COUNCIL POLICY: Recreation Facilities

POLICY OWNER: Manager Sport & Recreation and Manager Landscape & Open Space POLICY STATEMENT: To enhance the quality of life for visitors and residents of Bunbury through

the provision of a diverse range of high quality and cost effective active and passive recreational activities and/or facilities.

POLICY OVERVIEW:

1. The City of Bunbury acknowledges recreation takes many forms including active and passive activities available to housebound residents. The City also acknowledges that recreation is fundamental to the physical and mental wellbeing of individuals, families and our community.

2. The City of Bunbury acknowledges that the availability and diversity of recreation reserves, parks, gardens, dual-use paths and constructed recreation facilities contribute to the lifestyle attractiveness of our City.

3. The City of Bunbury will provide and maintain recreational facilities in accordance with community needs, and will endeavour to undertake the following:

Open Space

a) Regularly communicate with members of the community to determine their needs and satisfaction with the availability and suitability of recreation assets.

b) Minimise physical barriers and maximise access to recreation assets for all members of the community in conjunction with the City of Bunbury Disability Access and Inclusion Plan.

c) Preserve the City’s natural diversity and cultural heritage when undertaking recreational asset development or improvement.

d) Encourage and assist the community to locate and participate in various recreational pursuits.

e) Work cooperatively with the community to maintain recreational assets to the highest standards in accordance with community expectations, statutory requirements and financial responsibilities.

f) Adequately plan for annual maintenance of existing (and orderly development of future) recreational assets.

Sport and Recreation

g) Encourage community sponsored provision, development and maintenance of recreational assets to the highest standards in accordance with community expectations, statutory requirements and financial responsibility.

h) Encourage community participation in recreation activities.

i) Liaise with other spheres of government and grant agencies to attract funding to assist with the provision of recreation assets within the City.

POLICY DETAILS:

1. Preparation of strategies designed to meet the policy criteria will be required prior to the implementation of any proposed rationalisation programmes.


2. Re-structuring of existing active recreational facilities where required is to be carried out with the involvement and cooperation of all affected groups.

3. Development of new recreational facilities will be based on demonstrated community needs identified through community consultation processes and in accordance with the Strategic Community Plan.

4. In order to encourage the use of existing and future passive recreational areas the following development guidelines are to be considered:

a. accessibility to public transport;

b. proximity to dual-use path network;

c. equipment selection and facilities design based on catchment area and demographics.

5. Maintenance strategies and development proposals for passive recreation areas will be in accordance with principles contained within the Parks and Recreation Landscape plan and take into consideration any relevant environmental issue.

6. All recreational facility development will be undertaken in accordance with the highest safety standards and best practice disability access standards to ensure that an accessible and safe recreational environment is provided and maintained at all times.

7. Implementation of the “user pays” principle for use of recreation facilities, where appropriate.

8. Into the future, the City will encourage multi-purpose facilities to ensure maximum participation for minimal cost.



- City of Bunbury Parks and Recreation Landscape Plan

- Disability Access and Inclusion Plan 2012-2017

- City of Bunbury Strategic Community Plan

Authority: Director Works and Services and Director Corporate and Community

Document Owner Manager Landscape and Open Space and Manager Sport and Recreation



CP-027042 21/03/2017 Council Decision 109/17 Reviewed with no changes



COUNCIL POLICY: Registration of Freehold Commercial Leases

POLICY OWNER: Senior Property Officer

POLICY STATEMENT: To ensure that applicable commercial leases on freehold land owned by the City are registered on the Certificate of Title.

POLICY OVERVIEW:


1. Commercial leases on freehold land owned by the City;

2. Surrender or termination of existing commercial leases on freehold land.

POLICY DETAILS:

It is Council policy that freehold commercial leases over land owned by the City where the market rental exceeds $40,000 per annum are registered on the Certificate of Title on an approved Landgate form.

The following principles will apply:

Freehold crown leases are registered as an encumbrance on a Certificate of Title.

Leases exceeding three years for freehold are to be registered.

Unless a lease of freehold land is of a whole lot or lots the consent of the Western Australian Planning Commission is required where:

o The term of the lease, including any option to renew, exceeds twenty years; and

o The terms of a lease, in the aggregate, exceed twenty years including any option to renew.

A variation document of a freehold lease cannot be accepted for registration, however, variations to a freehold lease can be included in an extension of lease, sub-lease or transfer of lease document.

An expired Lease of freehold land can be removed by Surrender of Lease.


- Transfer of Land Act 1893

- Western Australian Planning Commission


Document Owner Senior Property Officer







COUNCIL POLICY: Related Party Disclosures


POLICY STATEMENT: To define the parameters for Related Party Relationships and the level of disclosure and reporting required for the City to achieve compliance with the Australian Accounting Standard AASB 124 – Related Party Disclosures

POLICY OVERVIEW:

Under the Local Government Act 1995 and Local Government (Financial Management) Regulations 1996, all local governments in Western Australia must produce annual financial statements that comply with Australian Accounting Standards. The Australian Accounting Standards Board has determined that from 1 July 2016, AASB 124 (Related Party Disclosures) will apply to government entities, including local governments. The City is now required to disclose Related Party Relationships and Key Management Personnel compensation in its Annual Financial Statements. This Policy provides guidance on:

the identification of the City’s related parties;

management of related party transactions;

recording such transactions; and

disclosure of the transactions in the City of Bunbury annual financial statements in accordance with AASB 124;

And addresses the four (4) different types of related party that must be considered by the City:

1. Entities related to the City; 2. Key Management Personnel; 3. Close family members of Key Management Personnel; and 4. Entities that are controlled or jointly controlled by either 2 or 3 above.

DEFINITIONS:

Australian Accounting Standards Board, Related Party Disclosures Standard 124 Close family members of Key Management Personnel (KMP) Those family members who may be expected to influence, or be influenced by, that KMP in their dealings with the City of Bunbury and include:

the KMP’s children, and spouse or domestic partner;

children of that KMP’s spouse or domestic partner; and

dependants of the KMP or the KMP’s spouse or domestic partner.



Entity Can include a body corporate, a partnership or a trust, incorporated, or unincorporated group or body. Entity Related to a KMP Related Entities to Key Management Personnel are entities that are:

*controlled or jointly controlled by a KMP;

apart from Council, where a KMP has significant influence over, or is a member of the key management personnel of the entity or parent of the entity; or

controlled or jointly controlled by a close family member of a KMP of the City.

*A person or entity is deemed to have control if they have: • power over the entity; • exposure, or rights, to variable returns from involvement with the entity; or • the ability to use power over the entity to affect the amount of returns.

To jointly control, a person or entity must have contractual rights or agreed sharing of control of the entity, which exists only when decisions about the relevant activities require the unanimous consent of the parties sharing control.

Entity Related to the City This includes any entity that is either controlled, jointly controlled or over which the City has a significant influence. A person or entity is a Related Party of the City if any of the following apply:

• they are members of the same group (which means that each parent, subsidiary and fellow subsidiary is related to the others);

• they are an associate or belong to a joint venture of which the City is part of;

• they and the City are joint ventures of the same third party;

• they are part of a joint venture of a third party and the City is an associate of the third party;

• they are a post-employment benefit plan for the benefit of employees of either the City or an entity related to the City;

• they are controlled or jointly controlled by close family members of the family of a KMP;

• they are identified as a close or possibly close member of the family of a person with significant influence over Council or a close or possibly close member of the family of a person who is a KMP of the City; or

• they, or any member of a group of which they are a part, provide KMP services to the City. Key Management Personnel (KMP) AASB 124 defines KMP as “those persons having authority and responsibility for planning, directing and controlling the activities of the entity, directly or indirectly, including any director (whether executive or otherwise) of that entity”. Key Management Personnel for the City of Bunbury are:

• Elected Members; and

• persons employed under s5.36 of the Local Government Act 1995 in the capacity of Chief Executive Officer or Director.



Material (materiality) Means the assessment of whether a transaction, either individually or in aggregate with other transactions, by omitting it or misstating it could influence decisions that users make on the basis of an entity's financial statements. For the purpose of this Policy, it is not considered appropriate to set either a dollar value or a percentage value to determine materiality. Ordinary Citizen Transaction A transaction that an ordinary member of the community would undertake in the ordinary course of business with the City of Bunbury. Related Party A person or entity that is related to the entity preparing its financial statements. Related Party Transaction A transfer of resources, services or obligations between the City of Bunbury and a related party, regardless of whether a price is charged. Significant (significance) Likely to influence the decisions that users of the City’s financial statements make having regard to both the extent (value and frequency) of the transactions, and that the transactions have occurred between the City and related party outside a public service provider/ taxpayer relationship.

POLICY DETAILS:

1. Key Management Personnel (KMP) All Key Management Personnel (KMP) are responsible for assessing and disclosing their own, their close family members’ and their related entities’ relationship with the City. All related parties must be included in the self-assessment. A disclosure form is provided as an Attachment to this Policy.

2. Related Party Transactions 2.1 Ordinary Citizen Transaction

For the purpose of this Policy, an Ordinary Citizen Transaction is one that occurs between the City and KMP and/or related parties which satisfy the following criteria. The transaction must:

• occur during the normal course of the City delivering its public service goals;

• be under the same terms that would be available to a member of the community; and

• belong to a class of transaction that an ordinary member of the community would normally transact with the City.

This includes for example facility hire, and the payment of rates and dog registrations. There is no obligation to disclose Ordinary Citizen Transactions. Transactions between the City and Related Parties that would normally be considered Ordinary Citizen Transactions but where the terms and conditions differ from normal practice however, must be disclosed.

2.2 Non-ordinary Citizen Transactions



All related party transactions that do not satisfy the definition of an Ordinary Citizen Transaction (as per 2.1) must be disclosed in accordance with AASB 124. The following are examples of transactions that must be disclosed if they are with a related party and are not an Ordinary Citizen Transaction:

• purchases of sales or goods (finished or unfinished);

• purchases or sales of property or other assets;

• rendering or receiving services;

• leases;

• transfers of research and development;

• transfers under licence agreements;

• transfers under finance arrangements (including loans and equity contributions in cash or kind);

• provisions of guarantees or collateral;

• commitments to do something if a particular event occurs or does not occur in the future, including execution of contracts (recognised or unrecognised); and

• settlement of liabilities on behalf of the City or by the City on behalf of the related party.

3. Disclosure of Information 3.1 City disclosure

AASB 124 provides that the City must disclose the following financial information in its financial statements for each financial year period:

• the nature of any related party relationships;

• the amount of the transactions;

• the amount of outstanding balances, including commitments, including: (i) their terms and conditions, whether they are secured, and the nature of the

consideration to be provided in settlement; and (ii) details of any guarantees given or received;

• provisions for doubtful debts related to the amount of outstanding balances; and

• the expense recognised during the period in respect of bad or doubtful debts due from related parties.

The following matters must be considered in determining the materiality and significance of any related party transactions:

• significance of transaction in terms of size; • whether the transaction was carried out on non-market terms; • whether the transaction is outside normal day-to-day business operations, such as the

purchase and sale of assets; • whether the transaction is disclosed to regulatory or supervisory authorities; • whether the transaction has been reported to senior management; and • whether the transaction was subject to Council approval.

Regard must also be given for transactions that are collectively, but not individually significant.



All transactions involving related parties will be captured and reviewed to determine materiality or otherwise of such transactions, if the transactions are Ordinary Citizen Transactions (OCTs), and to determine the significance of each of the transactions.

3.2 Key Management Personnel disclosure

In accordance with this Policy, KMP must provide a Related Party Disclosure in the form set out in the Attachment twice yearly, no later than the following dates each financial year:

• 30 December each year; and

• 30 June each year. 4. Review of Related Parties

A review of KMP's and their related parties will be completed every 6 months. Particular events, such as a change of Elected Members, Chief Executive Officer or Directors or a corporate restructure will also trigger a review of the City’s related parties immediately following such an event. The Chief Executive Officer shall implement a suitable system to identify related parties. The primary identification method of close family members and associated entities of Key Management Personnel shall be by (but not limited to) KMP self-assessment. KMP have a responsibility to identify and report any changes to their related parties as they occur. The Chief Executive Officer shall identify suitable methodology and procedures for identifying and reporting on related party transactions such that accurate data will be collated from 01 July 2017. Identification and reporting methods shall consider:

• transactions occurring via the City’s accounting and electronic records management systems;

• other transactions not passing through the City’s electronic accounting / management systems;

• the identification of the associated terms and conditions of the related party transactions;

• declarations in the Financial Interests Register; and

• information provided in Primary and Annual Returns.

If any elected member or employee believes a transaction may constitute a related party transaction they must notify the Chief Executive Officer who will, in consultation with the Executive Manager Corporate Services, make a determination on the matter.

5. Privacy & Confidentiality 5.1 Access to information

The following persons are permitted to access, use and disclose the information provided in a related party disclosure or contained in a register of related party transactions for the purposes of 5.2.

• the Chief Executive Officer;

• Executive Manager Corporate Services;

• Manager Finance;

• an Auditor of the City (including an Auditor from the WA Auditor General’s Office); and

• other officers as determined by the Chief Executive Officer.



5.2 Permitted purposes Persons specified in 5.1 may access, use and disclose information in a related party disclosure or contained in a register of related party transactions for the following purposes:

• assess and verify the disclosed related party transaction;

• reconcile identified related party transactions against those disclosed in the related party disclosure or contained in a register of related party transactions;

• comply with the disclosure requirements of AASB 124; or

• verify compliance with the disclosure requirements of AASB 124. 5.3 Confidentiality

The following information is classified as confidential and is not available for inspection by or disclosure to the public:

• information (including personal information) provided by a KMP in a related party disclosure; and

• personal information contained in a register of related party transactions. LEGISLATION AND OTHER REFERENCES:


- Australian Accounting Standards

AASB 124 Related Party Disclosures

AASB 10 Consolidated Financial Statement

AASB 11 Joint Arrangements

AASB 128 Investments in Associates and Joint Ventures


- Attachment 1 – Related Party Declaration – Key Management Personnel





CP-031669


Related Party Declaration – Key Management Personnel


Attachment 1

This form is to be completed by Key Management Personnel pursuant to Council Policy Related Party Disclosures. The information collected in this declaration will be used to identify related party transactions for the purpose of disclosure in the annual financial statement of the City of Bunbury in accordance with AASB 124. The information disclosed in this document is considered confidential, however is subject to audit.

Your Details

Full Name

Position

Date

Close Family Members

Full Name Relationship to you

Entities controlled or jointly controlled by you and/or Close Family Members

Name of Entity ABN / ACN Relevant time period

Related Party Declaration – Key Management Personnel


Attachment 1

Details of Transactions

Transaction Relationship $ value of transaction

Declaration

I declare that to the best of my knowledge, the information above is a complete and accurate record of my close family members and the entities controlled, or jointly controlled by myself or my close family members. I make this declaration after reading Council Policy Related Party Disclosures which details the purpose for which this information will be used.

Signature

Date


COUNCIL POLICY: Reserve Areas Set Aside for the Riding/Driving of Horses


POLICY STATEMENT: 1. To provide a comprehensive framework for the management and

control of activities involving horses being walked, ridden or driven in areas that fall under the care, control and management of the City.

2. To ensure that the walking, riding or driving of horses does not interfere with or cause a nuisance to users of an area.

3. To ensure environmental controls are considered for the future sustainability in areas that may be subject to an application.

POLICY OVERVIEW:

This policy applies to areas within the City of Bunbury that come under the care, control and management of the City.

Nothing within this Policy shall prohibit the walking or riding of horses in a public place, road reserve or verge if the person in charge of the horse is in compliance with any written law.

POLICY DETAIL:

1. An application shall be required by person who walk, ride or drive horses for commercial purposes, financial gain and/or participate in the harness racing or turf racing industry.

2. Persons who walk, ride or drive horses for recreational purposes shall not be required to make application, however those person shall adhere to any restrictions or conditions posted at a location and where applicable, the conditions of this Policy.

3. An application shall be in the form that is determined by an Authorised Person from time to time.

4. An application may require the payment of a fee. All fees are specified in the City’s Schedule of Fees and Charges.

5. Following the assessment of an application by an Authorised Person, an approval may be provided to the applicant in the form determined by the Authorised Person.

7. The Chief Executive Officer may from time to time, set or vary the times for the use of those areas set aside for horses to be swam, walked, ridden or driven in Bunbury.

9. Any changes or variations to this policy or any changes to any activity times/dates/locations shall require local public notice to be given of not less than 28 days requesting public submission relating to the proposed changes or variations.

8. An application determined in accordance with this Policy may include, but not be limited to the following conditions:

a. The applicant shall only operate during the approved times as stipulated in an approval.

b. The Applicant shall provide proof and a copy of certificate of currency of public liability insurance for the minimum sum of $10,000,000, workers compensation insurance and personal accident insurance.



c. The approval is not transferrable however nothing precludes the direct agent or

employee of the applicant also being a party to an approval. d. The applicant shall ensure that they, their agent or their employees are trained and

qualified to ensure the safe operation and handling of any horse and/or equipment. e. The applicant, agent or employee shall ensure that all equipment used for the

training of horses is maintained in a safe manner. f. The applicant, agent or employee shall ensure that no nuisance of any kind

whatsoever is created by the activity and must act and carry on the activity in a safe and responsible manner.

g. The applicant, agent or employee shall ensure the removal of any litter, debris or horse excrement associated with their activities and comply with any condition relating to the protection of the environment i.e. dieback control.

h. The applicant, agent or employee shall only be in the approved area/s specified on a permit and only during such times/dates as stated on a permit.

i. The applicant, agent or employee must produce an Approval if requested to do so by an Authorised Person within the time as stipulated by the Authorised Person.

j. An Authorised Person may at any time remove a person from an approved area and/or revoke an Approval if it is determined that the applicant , agent or employee acted in contravention of any condition as stipulated as part of an approval, or is found to be or have acted in contravention of a Local Law.

k. An Authorised Person shall cause written notification to be forwarded to the applicant stating reasons as to why an approval has been revoked.

l. The applicant shall not be entitled to any refund of any fees or charges if an approval is revoked.



- City of Bunbury Local Government and Public Property Local Law

- Application Form


Document Owner: Manager Community Law, Safety and Emergency Management



CP-026034 v1.0 16/05/2017 Council Decision 172/17 Reviewed and amended






COUNCIL POLICY: Risk Management POLICY OWNER: Chief Executive Officer

POLICY STATEMENT: To outline the City’s commitment and approach to managing risks. POLICY DETAILS:

As a local government the City of Bunbury strives to meet the needs of current and future generations through integration of environmental protection, social advancement and economic prosperity. The management of risk within the City will help Council plan, provide, and deliver a wide and diverse range of services to its residents and visitors. Council is committed to ensuring:

a) That risk management is an integral party of City of Bunbury planning and decision making processes;

b) There is a consistent approach to managing risks across the City of Bunbury;

c) Clear roles and responsibilities are defined;

d) All staff with risk management roles and responsibilities are provided with the necessary authority to undertake these responsibilities

e) There is accountability assigned to all those with risk management responsibilities

f) The necessary resources are allocated in support of the policy outcomes

g) Communication within the City of Bunbury’s stakeholder community in relation to the identification and management of risk is promoted and encouraged.

This Policy provides the over-arching guidance for the City of Bunbury Risk Management Framework. It is supported by:

a) City of Bunbury Risk Management Strategy

b) City of Bunbury Risk Management Plan

c) City of Bunbury Corporate Guideline Occupational Safety and Health

d) City of Bunbury Corporate Guideline Internal Control

e) City of Bunbury Corporate Guideline Legislative Compliance.

In accordance with the City of Bunbury Risk Management Framework:

a) The City of Bunbury Executive Leadership and Management Team must lead, actively participate and have complete oversight over all aspects of risk management within their areas of responsibility;

b) The criteria to be used for risk assessments are those detailed in the City of Bunbury Risk Management Plan, which supersedes any risk criteria that have been developed previously;

c) All City of Bunbury risks are to be recorded and updated within the City of Bunbury’s risk register;

d) All risk registers are to be periodically and consistently reviewed in accordance with the timeframes specified in the City of Bunbury Risk Management Plan;

e) Risks are to be reported to the Audit Committee quarterly.



Page 116 of 133

f) The CEO will conduct a review of the City’s risk management systems and report to the Audit Committee on its effectiveness and appropriateness, at least every 2 years.

The development and implementation of the Risk Management Framework will contribute significantly to the effective governance of the City of Bunbury. The visibility of risks will provide the Council and Executive Leadership Team with a detailed understanding of our risk profile and will assist greatly in decision making.


- Standard AS/NZS ISO 31000:2009 Risk Management - Principles and Guidelines


- Local Government (Audit) Regulations 1996

- City of Bunbury Risk Management Strategy

- City of Bunbury Risk Management Plan

- Corporate Guideline Occupational Safety and Health

- Corporate Guideline Internal Control

- Corporate Guideline Legislative Compliance


Created Date: Res 206/14 24 June 2014


CP-024909 v 2.0 17 September 2017 Res 352/17 Amended Policy and updated matrix

CP-024909 v1.0 12 July 2016 Res 232/16 Amendment to policy and inclusion of matrix.




COUNCIL POLICY: Self-Supporting Loans

POLICY OWNER: Manager Finance POLICY STATEMENT: This Policy defines parameters by which financial assistance, in the form of

self-supporting loans, to not-for-profit clubs or organisations for capital improvement works to land or buildings owned or vested in the City of Bunbury will be considered.

POLICY DETAILS:

Council in general, will only consider approving a self-supporting loan to a maximum of $250,000 for any one applicant (including existing borrowings by the Applicant), under the following circumstances:

1. Where the level of consolidated self-supporting assistance by Council to clubs or organisations does not exceed an annual repayment of more than 1% of rating income. This is to ensure that Council maintains the capacity to borrow funds for its own programmes; and

2. When the club or organisation can adequately demonstrate, through the provision of forward financial plans covering the life of the loan, a capacity to meet loan repayments; however

Council may consider applications up to $400,000 in or for exceptional circumstances or purposes. LEGISLATION AND OTHER REFERENCES:


- City of Bunbury Corporate Guideline – Self Supporting Loans

- Local Government (Financial Management) Regulations 1996









COUNCIL POLICY: Shark Hazard Management


POLICY STATEMENT: To provide a risk management based framework for the City to provide for community safety, in the event of a shark sighting or incident in Bunbury waters.

POLICY OVERVIEW:


1. All shark sightings in Bunbury waters; 2. All shark incidents in Bunbury waters; 3. City of Bunbury Ranger staff.

POLICY DETAILS:

Prior to the adoption of this policy, there was no direction on what the City should be doing in response to a shark sighting or incident in local waters. There is an expectation from the State Government that the City will respond to any sighting and take the initiative to close and then re-open beaches and exclude people from the water. This calls to question the jurisdiction of the City officers and the subject matter expertise to make defensible decisions on these matters.

This policy provides a risk management approach to balance community safety, the expectations of the various stakeholders and the City’s capacity to respond appropriately to this hazard.

1. The City only has jurisdiction over beaches, to the high water mark, so exclusion of persons from the water cannot be enforced.

2. It would be unlikely that City staff would be seen as subject matter experts in shark behaviour.

3. Decisions taken by City officers may be challenged in the event that an incident occurred and someone was harmed after a decision made with respect to opening or closing beaches was taken.

4. The Department of Fisheries had produced a Shark hazard Plan, which unilaterally identified Bunbury (along with four other SW Local Governments) as responsible bodies from the management of this hazard.

5. This Policy provides guidance to City staff in the event of a shark report, recognising jurisdiction and subject matter expertise limitations, while providing for community safety and meeting expectations of community and external bodies.

6. The Corporate Guideline – Shark hazard provides the process and framework to guide decisions and actions.




- City of Bunbury Corporate Guideline – Shark Hazard


Document Owner Manager Community Law, Safety and Emergency Management






COUNCIL POLICY: Street Addressing

POLICY OWNER: Manager Finance POLICY STATEMENT: This Policy defines the standards and procedures for the assignment and

amendment of street numbering within the City of Bunbury POLICY DETAILS:

Any requests for the assignment, renumbering or amendment of street addresses within the City of Bunbury will be considered in accordance with the Australian / New Zealand Standard 4819:2011 – Rural and Urban Addressing. LEGISLATION AND OTHER REFERENCES:

- Australian / New Zealand Standard 4819:2011 – Rural and Urban Addressing

- Landgate Manual for Addressing Urban Property in WA

- City of Bunbury Private Property Local Law 2003


- City of Bunbury Corporate Guideline – Street Addressing





CP-026040 V1.0 6/9/2016 Council Decision 318/16 Reviewed with no changes



COUNCIL POLICY: Town Planning Appeal Applications for Review

POLICY OWNER: Director Planning and Development Services

POLICY STATEMENT: Elected Members will represent Council’s decision at the State Administrative Tribunal when that decision is contrary to the recommendation of the City’s administration.

POLICY OVERVIEW:

The State Administrative Tribunal (SAT) was established in 2005 as an independent body that makes and reviews a range of administrative decisions. Decisions on an Application for Development Approval made by the City Administration and/ or the Council are subject to the State Administrative Tribunal Act 2004 and the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 (Conferral Act). Decisions made by the City Administration and/or the Council can be appealed. They are:

• Decisions made by the Council aligned with the Administration recommendation.

• Decisions made by Council contrary to the Administration recommendation.

This policy will be applied to:

a. Decisions made by the Council aligned to the Administration recommendation

Where a Council decision is essentially the same as the Administration recommendation, then an officer as nominated by the CEO shall act on behalf of the Council and attend a mediation or tribunal hearing to represent the Council’s position.

b. Decisions made by the Council contrary to the Administration recommendation.

Where a decision of the Council is contrary to the recommendation of Administration then the Council may be represented by up to two (2) Elected Members that moved and seconded, or by a Consultant. Administration will not be requested to represent the City.

POLICY DETAILS:

1. Where a decision of the Council is the subject of a right of review by the SAT and that decision is contrary to the recommendation of Administration then the CEO shall arrange for Council to be represented in the following ways:

a. The Mover and Seconder of the relevant motion may be responsible for attending as a witness or in any other capacity necessary to a mediation or tribunal hearings and represent the Council’s position.

b. Where the Mover and/or Seconder are not available an alternative Elected Member supporting the Council’s position may act in this capacity.

c. Where no members of Council are prepared to represent the Council’s position at mediation and/or tribunal hearings then the CEO shall appoint an independent consultant acting on the Council’s behalf and to attend any mediation and/or tribunal hearings as an expert witness.

d. City of Bunbury officers shall provide all necessary information to the nominated Member of the Council, consultant or advocate assisting in the compilation of a response or a witness statement.


e. City of Bunbury officers, if required, or subpoenaed can give evidence at a tribunal hearing in support of the officers recommendation despite the fact that the evidence given may be contrary to the Council’s decision, and the subject of an appeal.

f. Class 1 Applications – In accordance with the SAT Act 2004, the Council can receive legal representation only if the applicant chooses to elect that parties be represented by a lawyer.

g. Class 2 Applications – In accordance with the SAT Act 2004, the Council may choose to be represented by a legal representative on place of, or in addition to, an independent consultant or advocate.

h. Upon receipt of an invitation from the SAT to consider the matter under s31 of the SAT Act 2004, the officer and/or the Council representative shall write a report for Council’s reconsideration.

2. For all decisions, legal representation and/ or relevant consultant(s) may be appointed to deal with SAT matters to support the officer or the Council representatives, in accordance with the State Administration Act 2004 and Regulations.

3. Where legal representation is so engaged, no elected member participating in a SAT hearing shall act contrary to legal advice provided by the Council’s appointed lawyer.

4. Where Elected Members are representing the Council’s position at the SAT they are not permitted to discuss the application with any person not directly involved in the SAT process.

5. Elected Members and employees involved in SAT matters are reminded that they are to adhere to the City of Bunbury Code of Conduct.


The State Administrative Tribunal established in 2005, as an independent body that makes and reviews a range of administrative decisions. Decisions on development applications made by the City of Bunbury are subject to the State Administrative Tribunal Act 2004, and the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 (Conferral Act).

Planning and Development Act 2005

City of Bunbury Town Planning Scheme (as amended)


Document Owner Director Planning and Development Services






COUNCIL POLICY: Tree Retention

POLICY OWNER: Manager Landscape and Open Space

POLICY STATEMENT: To provide clear guidelines for the retention of trees within the City of Bunbury that are either owned or managed by the City of Bunbury;

To minimise tree removals within the City of Bunbury and encourage the preservation of existing trees; and

To encourage pruning and remedial treatments as an alternative to removal.

POLICY DETAILS:

1. Council may consider the removal of trees for the following reasons:

1.1. The tree is dead;

1.2. The tree is dying from disease that cannot be successfully treated unless it is defined that they must remain in the landscape for habitat provision or other purposes;

1.3. The tree is structurally weak or dangerous and places public at unacceptable risk;

1.4. The tree affects sight distance as per Austroads Guide to Road Design: Part4A;

1.5. The tree interferes with essential services i.e. Western Power, AlintaGas, Aqwest, Water Corporation;

1.6. The tree is causing or likely to cause significant damage to property or infrastructure i.e. road surfaces, walls, fences, buildings, footpaths, kerbing and drainage.

1.7. Where development approval has been granted. The applicant will be required to pay removal costs and amenity value calculated in accordance with the City’s Amenity Formula and reinstatement costs prior to removal.

Note: In the case of clauses 1.3, 1.4, 1.5 and 1.6 removal will only be considered after alternatives have been identified and evaluated e.g. root barriers, redesign of structure, crown pruning, root pruning, tree relocation.

2. Requests for the removal of trees will not be considered for the following circumstances:

2.1. When the removal is requested to improve or create views;

2.2. Where a tree is considered to have some significant value i.e. an historic tree, conservation value, a rare species or form of species;

2.3. Where proposed development can be altered to avoid conflict with existing trees;

2.4. Due to the creation of natural litter e.g. leaves, twigs, flowers, sap, fruit;

2.5. Due to unwanted shading of lawns, gardens or infrastructure;

2.6. Due to unjustified property damage claims;

2.7. Due to causing minor allergenic or irritant responses.

3. Requests for tree removal from the public will only be considered when a request has been submitted and in accordance with the Corporate Guideline Tree Management.




- City of Bunbury Significant Tree Register

- Australian Standards – AS 4373-2007 Pruning of Amenity Trees, AS 4970-2009 Protection of Trees on Development Sites

- Austroads Guide to Road Design: Part4A

- Environmental Protection Act 1986

- Corporate Guideline: Tree Management

- City of Bunbury Local Planning Policies

- City of Bunbury Local Government and Public Property Local Law

- Aboriginal Heritage Act 1972

- Quantified Tree Risk Assessment Practice Note V5.2.3 (Au) 2017

Document Authority: Director Works and Services

Created Date: Res 386/04 21 December 2004


1 May 2018 Res 135/18 Reviewed with changes

CP-011265 v1 8 March 2016 Res 59/16 Reviewed with changes

CP-011265 17 March 2015 Res 80/15 Reviewed with changes

29 June 2010 Res 121/10

July 2007

22 February 2005




COUNCIL POLICY: Use of Car Parking Bays for Outdoor Eating Areas in the CBD

POLICY OWNER: Manager Assets and Projects

POLICY STATEMENT: To promote vibrancy in the CBD by providing alternative uses to the City’s car parking bays through the provision of clear procedural guidelines for the assessment and approval of Outdoor Eating Area (OEA) licences in the CBD.

POLICY OVERVIEW:

The cost of design, construction and maintenance of each Outdoor Eating Area (OEA) is generally paid for and maintained by the sponsoring business (‘the applicant’).

The consumption of alcohol may be permitted subject to the granting of a licence from the Department of Racing, Gaming & Liquor whilst smoking is not permitted under any circumstance. Seating is normally open to the general public, a café may provide table service at an OEA, however patrons using the café are able to order and pay for food inside the premises and bring it outside to the OEA.

An OEA usually takes up one (1) or two (2) vehicle parking spaces (excluding footpath areas) and may also include such amenities as bicycle racks, planter boxes, benches/other seating and temporary landscaping


new licenses; and

existing licenses;

POLICY DETAILS:

Proposals for OEA’s must satisfy all of the following mandatory requirements. Where the proposal does not meet the following guidelines the application may be recommended for refusal.

1. The proposed installation shall be located on a road identified within the Suitable Locations section of the Application Guidelines.

2. The proposed installation will not result in a loss of space that serves as a valuable public purpose such as a space for the taxis, public transport, service vehicles or people with disabilities. The City may consider a variation to this requirement where the applicant demonstrates that suitable alternative arrangements can be made to compensate for such a loss in space.

3. The location and design of the OEA will not impede or negatively impact upon pedestrian or vehicular movement or sightlines at road intersections and vehicle access crossovers, or impede emergency vehicle movements.

4. Where the proposed installation makes use of a car parking bay it must ensure the maintenance of a two (2) metre clearance for the public footpath at all times. In instances where the OEA licence is provided on an existing footpath the maintenance of a one and a half (1.5) metre clearance is required at all times.

5. The proposal must demonstrate that it will be constructed in such a manner that it is capable of being removed and the road reserve reinstated, to the same condition as it was previously to the proposed installation, within a maximum period of 72 hours.


6. The proposed installation should not interfere with the functioning, or result in the damage or permanent removal of existing infrastructure, such as kerbing, crossovers, stormwater drainage, verge trees, lighting, underground services and / or any other services.

7. An applicant may request changes to infrastructure (as outlined in 6 above); approval of which requires approval by the City’s Engineering Department and a Council resolution. In all cases the costs to change and reinstate any infrastructure shall be met wholly by the applicant.

Proposals for OEAs that satisfy the above requirements will be considered for approval having regard to the following criteria:

1. The design shall:

be interesting, creative and demonstrate an improvement in the quality of public space;

be compatible with the established improvement in the quality of public open space;

be compatible with the established streetscape character;

encourage interactions;

provide adequate disability and universal access; and

maintain or improve public safety in the street.

2. The location and design shall not negatively impact upon the amenity of occupiers of buildings in close proximity to the proposed installation.

3. The proposed installation shall contribute to a diversity of uses in the CBD.

4. The loss of public parking space(s) shall not be significantly detrimental to the parking needs of the immediate locality.

5. The maximum number of on road car parking bays that may be replaced shall not exceed two (2) spaces and only the spaces directly in front of the business premises of the applicant may be proposed for replacement.

6. The location of the proposed installation is in an area where the existing footpath width is too narrow to adequately accommodate vibrant street activities, such as alfresco dining, as well as pedestrian movements where the minimum footpath requirements identified in Policy Detail 4 above cannot be met.

7. The proposed installation shall comprise of easily removable components and be located in an area with adequate lighting.

8. The City reserves the right to determine the number of installations in the CBD to maintain adequate parking amenities.



- City of Bunbury Health Local Laws 2001

- Local Planning Policy: Signage and Advertisements

- City of Bunbury Local Government and Public Property Local Law 2003

- City of Bunbury Corporate Guideline – Outdoor Eating Areas – Conditions of Licence

http://www.bunbury.wa.gov.au/Pages/Local-Laws.aspx

http://www.bunbury.wa.gov.au/pdf/Planning%20and%20Building/final%20LPP%20Signage%20(Council%20adoption).pdf

http://www.bunbury.wa.gov.au/Pages/Local-Laws.aspx

http://mydocs/sites/cp/Corporate%20Administration/Administer%20council%20policies/Council%20Policy%20Manual/Guideline%20Manual.pdf



Document Owner Manager Assets and Projects



CP-028897



COUNCIL POLICY: Vandalism/Graffiti Management Policy

POLICY OWNER: Director Works and Services POLICY STATEMENT: The City of Bunbury recognises vandalism, (including graffiti, tagging and

public asset destruction) is a costly community problem, not only in monetary terms but also in environmental and social terms. In recognition of this the City of Bunbury adopts a Vandalism and Graffiti Management Policy comprising of four elements: damage repair and graffiti removal, reward for information, community education, and providing activities for young people.

POLICY OVERVIEW: 1. To provide a service to repair, clean, remove or cover incidences of vandalism that is subject

to public notice within the City of Bunbury 2. To provide community members with information what will empower them to deal with

vandalism in a proactive manner. 3. To provide youth with a range of activities that contribute to the alleviation of boredom and

feeling of alienation that may lead to petty crimes such as graffiti vandalism. 4 a) To reduce vandalism in the City of Bunbury

b) To demonstrate to the Community that the City is playing an active part in reducing vandalism

c) To encourage people to provide information which leads to the conviction of vandals who commit vandalism within the City of Bunbury.

POLICY DETAILS: 1. Damage Repair and Graffiti Removal

Damage Repair

Need to consult with relevant people Graffiti Removal The City of Bunbury will remove graffiti from the following:

City of Bunbury Property

Private property abutting City of Bunbury property where the graffiti is in view of the public...

Private property: the City where possible, will encourage property owners to remove graffiti from private property.


Timeframes

City of Bunbury staff will endeavour to remove graffiti in accordance with the following rapid removal timeframes:

Priority 1: Removal within 12 hours of the City being notified, any racist, obscene or otherwise offensive graffiti.

Priority 2: Removal within 48 hours of the City being notified, applies to all other graffiti sites.

2. Vandalism Rewards

Procedure

a) A reward to a maximum of $1000 may be paid for information, which leads to the conviction of persons committing acts of vandalism against City of Bunbury property.

b) Where two or more persons are eligible for a reward under paragraph 1 above, the reward will be split equally between them. Any advertisement regarding the offer of rewards shall state that the sum named is a maximum figure, which would be divided between persons forwarding information relating to any one act of vandalism.

c) The City of Bunbury will not divulge the name/s of any person giving information.

However, any person eligible for or wishing to receive a reward must be prepared to act as a witness if legal proceedings are commenced and if independent evidence is not readily available.

Payment of the reward, providing the above conditions are met, is delegated to the Chief Executive Officer.

3. Community Education

Procedure

a) Promote vandalism repair and Graffiti removal services to encourage ratepayers to make use of this service.

b) Promote the State Graffiti Task Force education packages to schools, to educate on issues surrounding graffiti and other types of vandalism.

c) Inform businesses of initiatives to allow them to decrease the potential for graffiti vandalism and urge businesses to take up such initiatives.

d) Supply information to retail outlets on request of vandalism management .

e) Promote Neighbourhood watch displays and information initiatives through the State Graffiti Task Force

4. Providing Activities for Young People

Procedure

a) The City of Bunbury Youth Strategy currently being developed is to include opportunities for low cost recreational and leisure activities and opportunities for youth art/culture expression.

b) Collaborate with existing agencies, programs etc.

Adopt a bus shelter school project

Mural arts projects







CP-026035 v 1.0 21/03/2017 Council Decision 95/17 Reviewed with changes





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