S H I R E O F C A R N AMA H
P O L I C Y MA N U A L
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Shire of Carnamah
POLICY MANUAL
Chief Executive Officer Statement
Legislative Requirements: Adoption and Review of Policy Manual Council’s Policy Manual has been reviewed by the Council and adopted in accordance with the requirements of section 2.7 of the Local Government Act 1995. Council has adopted an ongoing review process of the Policy Manual to demonstrate due diligence regarding legislative requirements, and to give delegated/designated Staff direction to manage the day to day affairs of the Shire. The Policy Manual is reviewed, adopted and administered by the Shire in accordance with statutory requirements of the Local Government Act 1995 (as amended) and associated Regulations, particularly the following sections of the Local Government Act:
• Section 2.7: for Council to determine and adopt its Policies • Section 5.41: identifying the functions of a CEO • Section 5.42: relates to Council delegations of some powers and duties to the CEO. • Section 5.43: relates to Council limits on delegations to CEO’s • Section 5.44: relates to the CEO may delegate some powers and duties to other employees.
Process to Change Council Policies Any changes and amendments to Council’s Policy Manual shall be submitted to Council in a structured Agenda item and with all the information required for Council consideration. All Staff and elected members are encouraged to read the Policy Manual to familiarize themselves with updated and new policies, and the requirements for adopting these documents.
Chief Executive Officer Shire of Carnamah
Shire of Carnamah Mission Statement • To maintain and enhance the rural way of life within the Shire of Carnamah.
Shire of Carnamah Vision Statement • The Shire of Carnamah will be a sustainable, progressive, desirable and caring community which recognises and values its diversity
Shire of Carnamah Policy Manual – updated September 2021 Page 1 of 200
CONTENTS
1. GOVERNANCE ...... 8 1.1 ORDINARY COUNCIL MEETINGS ...... 8 1.2 COUNCILLOR SERVICE MEMENTO ...... 9 1.3 ATTENDANCE AT EVENTS ...... 10 1.4 STAFF ALLOWANCES (DAILY ACCOMMODATION, MEALS AND EXPENSES ALLOWANCE) ...... 13 1.5 WINCHESTER CEMETERY WORKING GROUP ...... 14 1.6 USE OF COUNCIL CHAMBERS ...... 15 1.7 AUSTRALIA DAY WA CITIZEN OF THE YEAR AWARDS ...... 16 1.8 ELECTED MEMBERS PROFESSIONAL DEVELOPMENT ...... 18 1.9 USE OF COUNCIL LOGO ...... 20
2. ADMINISTRATION ...... 21 2.1 CONTRIBUTIONS AND DONATIONS ...... 21 2.2 SHIRE NEWSLETTER – “CARNAMAH MAT & ENEABBA NEWS”...... 22 2.3 EXECUTION OF DOCUMENTS AND USE OF COMMON SEAL ...... 23 2.4 LEGAL REPRESENTATION COSTS INDEMNIFICATION ...... 28 2.5 PURCHASING ...... 30 2.6 HIRING / LENDING OF ITEMS FROM THE CARNAMAH TOWN HALL ...... 33 2.7 COMMUNITY ENGAGEMENT ...... 34 2.8 RISK MANAGEMENT ...... 39 2.9 PROCESS FOR DEALING WITH TENDERS ...... 45 2.10 PROPOSALS REQUIRING SHIRE FUNDING AND/OR IN-KIND SUPPORT ...... 49 2.11 SOCIAL MEDIA SERVICES ...... 50 2.12 RELATED PARTY DISCLOSURES ...... 54 2.13 VEXATIOUS CUSTOMERS ...... 57 2.14 TRADING IN PUBLIC PLACES FOR FOOD VENDORS ...... 60 2.15 PROCESSING OF INWARD CORRESPONDENCE FOR THE SHIRE PRESIDENT AND COUNCILLORS ...... 64 2.16 DISPOSAL OF PROPERTY ...... 65
3. LAW, ORDER, PUBLIC SAFETY ...... 66 3.1 BUSH FIRES ...... 66 3.2 SAFETY AND HEALTH RELATING TO VOLUNTEER BUSH FIRE FIGHTERS ...... 69 3.3 EMPLOYEE VOLUNTEER INPUT TO FIRE BRIGADES AND AMBULANCE SERVICES DURING WORKING HOURS ...... 70 3.4 RESPONSE AND PROVISION OF SHIRE PLANT AND EQUIPMENT IN BUSH FIRE SITUATIONS...... 71 3.5 SIGNAGE ...... 72 3.6 TOURIST INFORMATION BOARD SIGNAGE ...... 80 3.7 SHIRE OF CARNAMAH POLICY ON PLACEMENT OF HISTORICAL PHOTOGRAPHS IN WINDOWS ...... 82 3.8 TOWNSCAPE ROAD VERGE AND PROPERTY AMENITY POLICY ...... 84 3.9 OPERATIONAL USE OF DRONES...... 85 3.10 LIGHTING MANAGEMENT ...... 86
Shire of Carnamah Policy Manual – updated September 2021 Page 2 of 200 4. COMMUNITY AMENITIES ...... 88 4.1 CARNAMAH RECYCLING - RECYCLING MATERIALS TO BE ACCEPTED ...... 88
5. RECREATION AND CULTURE ...... 89 5.1 CARNAMAH RECREATION CENTRE ...... 89 5.2 USAGE OF OVALS - AGRICULTURAL SHOWS ...... 91 5.3 PERIOD OF OPENING - PUBLIC SWIMMING POOLS ...... 92
6. TRANSPORT ...... 93 6.1 FARM IMPLEMENTS AND ROAD DAMAGE ...... 93 6.2 HEAVY TRANSPORT ROUTES AND OPERATIONS ...... 94 6.3 RURAL CROSSOVERS ...... 95 6.4 PIPELINES UNDER SHIRE ROADS ...... 96 6.5 STANDARD CROSSINGS ...... 98
7. ECONOMIC SERVICES ...... 99 7.1 ADOPTION OF FLORAL EMBLEM - SHIRE OF CARNAMAH ...... 99 7.2 WILDFLOWER PICKING ...... 100 7.3 PREVENTATIVE MAINTENANCE SCHEDULE - COUNCIL HOUSING AND PUBLIC BUILDINGS ...... 101 7.4 BUILDING CONTROL DISCLAIMER ...... 102 7.5 CONTROL OF ROADSIDE WEEDS ...... 103 7.6 DEMOLITION LICENCE APPLICATIONS PLACES OF HERITAGE VALUE ...... 104 7.7 LANDCARE ROAD MANAGEMENT STRATEGY ...... 105 7.8 INDUSTRIAL FACTORY UNITS AND ASSOCIATED DWELLINGS, CARNAMAH - TENANCY GUIDELINES / SPECIAL CONDITIONS ...... 106 7.9 RELOCATED SECOND HAND DWELLINGS ...... 109 7.10 RABBIT CONTROL – ENEABBA RECREATION RESERVE ...... 110 7.11 PETROLEUM, MINING AND EXTRACTIVE INDUSTRIES ...... 111
8. FINANCE ...... 113 8.1 FINANCIAL GOVERNANCE MANAGEMENT ...... 113 8.2 LONG-TERM FINANCIAL PLANNING ...... 115 8.3 BORROWING MANAGEMENT ...... 117 8.4 INVESTMENT MANAGEMENT ...... 120 8.5 FEES AND CHARGES SETTING ...... 123 8.6 DEFINITION OF CASH RESERVE ACCOUNTS ...... 126 8.7 ACCOUNTING PROCEDURES AND USES OF INCOME FROM COASTAL SQUATTERS ...... 128 8.8 RESERVE FUND INTEREST ...... 129 8.9 IMPLEMENTING THE BUDGET ...... 130 8.10 SHIRE OF CARNAMAH - CREDIT CARDS ...... 131 8.12 DEBT COLLECTION ...... 135 8.13 ASSET MANAGEMENT ...... 137 8.14 MATERIALITY FOR FINANCIAL REPORTING ...... 139 8.15 SIGNIFICANT ACCOUNTING ...... 140 8.16 COVID-19 FINANCIAL HARDSHIP ...... 141
9. STAFF ...... 144 9.1 JOB INTERVIEW EXPENSES ...... 144 9.2 EQUAL OPPORTUNITY POLICY STATEMENT ...... 145
Shire of Carnamah Policy Manual – updated September 2021 Page 3 of 200 9.3 TEMPORARY, PART TIME AND CASUAL EMPLOYEES - MEDICAL EXAMINATIONS ...... 146 9.4 WORKPLACE - DRUGS AND ALCOHOL PROCEDURE ...... 147 9.5 STAFF PRE-EMPLOYMENT PROCEDURES ...... 150 9.6 STAFF FURNITURE REMOVAL COSTS ...... 151 9.7 EMPLOYEE HOUSING ...... 153 9.8 HARASSMENT ...... 155 9.9 SENIOR EMPLOYEES DESIGNATIONS ...... 158 9.10 OVERTIME - EXTERNAL WORKS CREW ...... 159 9.11 CONTROL OF CONTRACTORS (OCCUPATIONAL SAFETY & HEALTH) ..... 160 9.12 CEO PERFORMANCE REVIEW STANDARD ...... 163 9.13 STATUTORY AUTHORISATIONS ...... 164 9.14 GRATUITOUS PAYMENTS TO EMPLOYEES ...... 166 9.15 EMPLOYEE CODE OF CONDUCT ...... 171 9.16 INJURY MANAGEMENT ...... 176 9.17 STAFF EMPLOYMENT CONDITIONS ...... 177 9.18 STAFF HOUSING SUBSIDY ...... 179 9.19 INSIDE STAFF UNIFORMS ...... 180 9.20 ADMINISTERING / SUPPLY OF ASPIRIN ...... 181 9.21 INFLUENZA VACCINATION FOR STAFF ...... 182 9.22 STAFF PRESENTATIONS ON RESIGNATION ...... 183 9.23 ACTING CHIEF EXECUTIVE OFFICER ...... 184 9.24 PROTECTIVE CLOTHING ...... 185 9.25 STUDY EXPENSES ...... 186 9.26 RECRUITMENT AND SELECTION ...... 187 9.27 CEO RECRUITMENT AND SELECTION STANDARD ...... 190 9.28 CEO TERMINATION STANDARD...... 193
10. LEGISLATION POLICIES ...... 194 10.1 PUBLIC INTEREST DISCLOSURE - INTERNAL PROCEDURES ...... 194 10.2 FREEDOM OF INFORMATION ...... 195
11. OCCUPATIONAL HEALTH AND SAFETY ...... 199 11.1 OCCUPATIONAL SAFETY & HEALTH ...... 199
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LIST OF AMENDMENTS
Change Made Officer Change Approved Policy Responsible Amendment ExOfficer OCM 24/10/2018 Policy 1.8 Citizen of the Year Awards Amendment EMRS OCM 20/12/2018 Policy 3.9 Operational Use of Drones Amendment CEO OCM 20/02/2019 Policy 3.10 Lighting Management Policy Amendment ExOfficer OCM 20/02/2019 Policy 1.8 Citizen of the Year Awards Amendment Deputy CEO OCM 17/04/2019 Policy 2.8 Purchasing Policy Removal Deputy CEO OCM 20/06/2019 Policy 8.11 Removal ExOfficer OCM 21/08/2019 Policy 2.5 Outwards Correspondence Removal MoWS OCM 21/08/2019 Policy 6.5 Temporary Road Closures Removal MoWS OCM 21/08/2019 Policy 9.15 Equipment for Employee Use Amendment ExOfficer OCM 21/08/2019 Policy 1.1 Council Meetings Amendment Deputy CEO OCM 21/08/2019 Policy 8.15 Significant Accounting Policies Adoption CEO OCM 16/10/2019 Policy 2.18 Trading in Public Places for Food Vendors Adoption ExOfficer OCM 18/12/2019 Policy 2.19 Processing of inward correspondence for the Shire President and Councillors Adoption ExCoord OCM 18/03/2020 Policy 1.9 Elected Member Professional Development Adoption ExCoord OCM 22/04/2020 Policy 8.16 COVID-19 Financial Hardship Amendment ExCoord OCM 22/04/2020 Policy 2.8 Purchasing Policy Amendment ExCoord OCM 22/04/2020 Policy 1.1 Ordinary Council Meetings Amendment ExCoord OCM 22/04/2020 Policy 1.2 Model Code of Conduct for Elected Members Amendment ExCoord OCM 22/04/2020 Policy 9.23 Appoint Acting Chief Executive Officer Amendment ExCoord OCM 20/05/2020 Policy 1.3 Councillor’s Service Memento Amendment ExCoord OCM 20/05/2020 Policy 1.4 Payment of Councillor’s Expenses Removal ExCoord OCM 20/05/2020 Policy 1.5 Councillor And Staff Allowances (Daily Meal & Expense Allowance) Adoption ExCoord OCM 20/05/2020 Policy 1.4 Attendance at Events Adoption ExCoord OCM 15/07/2020 Policy 9.26 Recruitment and Selection Amendment ExCoord OCM 15/07/2020 Policy 2.1 Contributions and Donations Removal ExCoord OCM 15/07/2020 Policy 2.2 General Disclaimer Removal ExCoord OCM 15/07/2020 Policy 2.3 Applications and Approval for the consumption of Alcohol Amendment ExCoord OCM 15/07/2020 Policy 2.4 Shire Newsletter – “Carnamah Mat and Eneabba News” Amendment ExCoord OCM 15/07/2020 Policy 2.6 Execution of documents and use of common seal Amendment CEO OCM 15/07/2020 Policy 2.11 Risk Management Policy Amendment CEO OCM 18/11/2020 Policy 9.24 Protective Clothing Amendment CEO OCM 18/11/2020 Policy 8.5 Fees and Charges Setting Policy Amendment ExCoord OCM 17/02/2021 Policy 1.8 Citizen of the Year Awards Amendment ExCoord OCM 17/02/2021 Policy 2.6 Shire of Carnamah Common Seal Adoption ExCoord OCM 17/02/2021 Policy 1.5 Staff Allowances (Daily Accommodation, Meals and Expenses Allowance)
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Change Made Officer Change Approved Policy Responsible Adoption CEO OCM 17/02/2021 Policy 2.20 Disposal of Property Amendment CEO OCM 17/03/2021 Policy 2.12 Dealing with Tenders Amendment CEO OCM 17/03/2021 Policy 2.14 removed, replaced with Policy 9.27 Amendment CEO OCM 17/03/2021 Policy 1.2 removed, replaced with Policy 9.15 Amendment CEO OCM 17/03/2021 Policy 9.12 CEO Performance Review Standard Adoption CEO OCM 17/03/2021 Policy 9.28 CEO Termination Standard Adoption CEO OCM 21/04/2021 Policy 1.9 Use of Council Logo Amendment CEO OCM20210916 Policy 2.11 Social Media Services
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BELOW LISTED ARE AMENDMENTS TO THE POLICY NUMBERS ONLY, DUE TO PREVIOUS POLICY DELETIONS.
Change Made Officer Change Approved Policy Responsible Amendment ExCoord Authorised by the CEO Policy 1.3 Councillor Service Memento is now Policy 1.2 Amendment ExCoord Authorised by the CEO Policy 1.4 Attendance at Events is now Policy 1.3 Amendment ExCoord Authorised by the CEO Policy 1.5 Staff Allowances is now Policy 1.4 Amendment ExCoord Authorised by the CEO Policy 1.6 Winchester Cemetery Working Group is now Policy 1.5 Amendment ExCoord Authorised by the CEO Policy 1.7 Use of Council Chambers is now Policy 1.6 Amendment ExCoord Authorised by the CEO Policy 1.8 Australia Day Citizen of the Year Awards is now Policy 1.7 Amendment ExCoord Authorised by the CEO Policy 1.9 Elected Member Professional Development is now Policy 1.8 Amendment ExCoord Authorised by the CEO Policy 2.4 Shire Newsletter – “ Carnamah Mat & Eneabba News” is now Policy 2.2 Amendment ExCoord Authorised by the CEO Policy 2.6 Execution of Documents and Use of Common Seal is now Policy 2.3 Amendment ExCoord Authorised by the CEO Policy 2.7 Model Policy on Legal Representation Costs Indemnification is now Policy 2.4 Amendment ExCoord Authorised by the CEO Policy 2.8 Purchasing Policy is now Policy 2.5 Amendment ExCoord Authorised by the CEO Policy 2.9 Hiring / Lending of Items from the Carnamah Town Hall is now Policy 2.6 Amendment ExCoord Authorised by the CEO Policy 2.10 Community Engagement Policy is now Policy 2.7 Amendment ExCoord Authorised by the CEO Policy 2.11 Risk Management Policy is now Policy 2.8 Amendment ExCoord Authorised by the CEO Policy 2.12 Process for Dealing with Tenders is now Policy 2.9 Amendment ExCoord Authorised by the CEO Policy 2.13 Proposals Requiring Shire Funding And / Or In-Kind Support is now Policy 2.10 Amendment ExCoord Authorised by the CEO Policy 2.15 Social Media Services is now Policy 2.11 Amendment ExCoord Authorised by the CEO Policy 2.16 Related Party Disclosure Policy is now Policy 2.12 Amendment ExCoord Authorised by the CEO Policy 2.17 Vexatious Customers Policy is now Policy 2.13 Amendment ExCoord Authorised by the CEO Policy 2.18 Trading in Public Places for Food Vendors is now Policy 2.14 Amendment ExCoord Authorised by the CEO Policy 2.19 Processing of Inward Correspondence for the Shire President and Councillors is now Policy 2.15 Amendment ExCoord Authorised by the CEO Policy 2.20 Disposal of Property is now Policy 2.16 Amendment ExCoord Authorised by the CEO Policy 6.6 Standard Crossings is now Policy 6.5
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1. GOVERNANCE
POLICY 1.1 ORDINARY COUNCIL MEETINGS
1.1 ORDINARY COUNCIL MEETINGS
PREAMBLE Section 5.2 of the Local Government Act 1995 (the Act) states that: "The council of a local government is to ensure that there is an appropriate structure for administering the local government".
There are two components to a local government administrative structure: 1. the council and committee system; and 2. the staff structure.
However, before defining the administrative structure of the Shire, it is as well to consider some of the provisions in the Act which will impact on this and the future operations of the council, and which necessitate change to many existing policies.
The Council - a) governs the local government's affairs; and b) is responsible for the performance of the local government's functions (s2.7(1)).
Without limiting subsection (1), the Council is to - a) oversee the allocation of the local government's finances and resources; and b) determine the local government's policies.
On the management side, the Act vests considerable authority in the CEO. The title itself reflects this. CEO functions listed in section 5.41 include – • manage the day to day operations of the local government; and • be responsible for the employment, management supervision, direction and dismissal of other employees (subject to section 5.37(2) in relation to senior employees).
The Ordinary Council Meetings of Shire of Carnamah will be held on the third Wednesday of each month, commencing at 4.00pm. A briefing session will be held prior to the commencement of each Ordinary Council Meeting commencing at 2:30pm. Ordinary Council Meetings will be held in the Shire of Carnamah Council Chambers or at the Eneabba Recreational and Sporting Club. No Ordinary Council Meeting will be held in January.
The Annual General Meeting of Electors is held annually in the Shire of Carnamah Council Chambers.
MINUTE NO: 20170413 Policy Amended: 13 April 2017 MINUTE NO: 20180606 Policy Amended: 06 June 2018 MINUTE NO: 20180606 Policy Reviewed: 06 June 2018 MINUTE NO: 20200414 Policy Reviewed and Amended: 22 April 2020
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POLICY 1.2 COUNCILLOR SERVICE MEMENTO
1.2 COUNCILLOR SERVICE MEMENTO
POLICY That as a matter of Policy, retiring Council members be given a small memento in recognition of their service to the Shire, and that unless circumstances indicate special arrangements as determined by Council, this memento comprise the Councillors Badge, displayed on a small wall shield inscribed with a service citation plaque.
MINUTE NO: 5336 Policy Adopted: 18 May 1988 MINUTE NO: 364556 Policy Reviewed: 15 June 2011 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018 MINUTE NO: 20200505 Policy Reviewed and Amended: 20 May 2020
Shire of Carnamah Policy Manual – updated September 2021 Page 9 of 200 POLICY 1.3 ATTENDANCE AT EVENTS
1.3 ATTENDANCE AT EVENTS
PREAMBLE Section 5.90A of the Local Government Act 1995 provides that a local government must prepare and adopt an Attendance at Events policy. This policy is made in accordance with those provisions.
PURPOSE This policy addresses attendance at any events, including concerts, conferences, functions or sporting events, whether free of charge, part of a sponsorship agreement, or paid by the local government. The purpose of the policy is to provide transparency about the attendance at events of Council Members and the Chief Executive Officer. Attendance at an event in accordance with this policy will exclude the gift holder from the requirement to disclose an interest if the ticket is above $300 and the donor has a matter before Council. Any gift received that is less than $300 (either one gift or cumulative over 12 months from the same donor) also does not need to be disclosed as an interest. Receipt of the gift will still be required under the gift register provisions.
LEGISLATION 5.90A. Policy for attendance at events
(1) In this section — event includes the following — (a) a concert; (b) a conference; (c) a function; (d) a sporting event; (e) an occasion of a kind prescribed for the purposes of this definition.
(2) A local government must prepare and, by absolute majority, adopt a policy that deals with matters relating to the attendance of Council Members and the CEO at events, including — (a) the provision of tickets to events; and (b) payments in respect of attendance; and (c) approval of attendance by the local government and criteria for approval; and (d) any prescribed matter.
(3) A local government may, by absolute majority, amend the policy.
(4) When preparing the policy or an amendment to the policy, the local government must comply with any prescribed requirements relating to the form or content of a policy under this section. (5) The CEO must publish an up-to-date version of the policy on the local government’s official website.
PROVISION OF TICKETS TO EVENTS
Invitations All invitations or offers of tickets for a council member or CEO to attend an event should be in writing and addressed to the Shire President and/or CEO. Any invitation or offer of tickets not addressed to the Shire President and/or CEO is not captured by this policy and must be disclosed in accordance with the gift and interest provisions in the Act.
Shire of Carnamah Policy Manual – updated September 2021 Page 10 of 200 Approval of attendance In making a decision on attendance at an event, the council will consider: a) who is providing the invitation or ticket to the event; b) the location of the event in relation to the local government (within the district or out of the district); c) the role of the council member or CEO when attending the event (participant, observer, presenter) and the value of their contribution; d) whether the event is sponsored by the local government; e) the benefit of local government representation at the event; f) the number of invitations / tickets received; and g) the cost to attend the event, including the cost of the ticket (or estimated value of the event per invitation) and any other expenses such as travel and accommodation. Decisions to attend events in accordance with this policy will be made by simple majority or by the CEO in accordance with any authorisation provided in this policy.
Payments in respect of attendance Where an invitation or ticket to an event is provided free of charge, the local government may contribute to appropriate expenses for attendance, such as travel and accommodation, for events outside the district if the Council determines attendance to be of public value. For any events where a member of the public is required to pay, unless previously approved and listed in Attachment A, the council will determine whether it is in the best interests of the local government for a Council Member or the CEO or another officer to attend on behalf of the Council. If the Council determines that a Council Member or CEO should attend a paid event, the local government will pay the cost of attendance and reasonable expenses, such as travel and accommodation. Where partners of an authorised local government representative attend an event, any tickets for that person, if paid for by the local government, must be reimbursed by the representative unless expressly authorised by the council.
Payment of Councillor’s Allowances The Local Government Act 1995 provides for the fees, expenses and allowances which may be paid or reimbursed to Council Members (currently fax/telephone rental and child care) or as approved by resolution of Council where members attend functions/meetings/seminars as representatives of the Shire of Carnamah.
Travel Expenses A Shire vehicle will be made available wherever possible for Elected Members to attend functions/meetings/seminars as representatives of the Shire of Carnamah. Members may choose to provide their own transport, however where a Shire vehicle is made available and not utilised or is used for the purpose by another Councillor and Councillors choose not to travel together, travel costs will not be paid for the private transport. Where a Shire vehicle is unavailable, Council will reimburse the costs incurred by members in using their private vehicles to attend meetings/functions/seminars as defined within this policy by paying to the member an amount as determined by Statute, on receipt of a duly completed and signed claim form. Council will only reimburse travel costs incurred by members for: • attendance at duly convened Council meetings; • attendance at duly convened Committee meetings where that member has been officially appointed as a member and it is a Councillor-only Committee (no members of the public); and • attendance at functions/meetings/seminars where that Councillor has been appointed to attend by Council resolution and that resolution provides for travel costs to be reimbursed. In addition: • Council will pay accommodation costs of authorised delegates and their partners to conferences and functions as approved by Council;
Shire of Carnamah Policy Manual – updated September 2021 Page 11 of 200 • Council will pay meal costs for authorised delegates and their partners to conferences and functions as approved by Council; and • Council will pay expenses (eg: phone, taxi fares for local government business) for authorised delegates only to conferences and functions as approved by Council.
For payment of meeting attendance fees or reimbursement of travelling and other expenses or allowances provided for, members shall complete the appropriate claim form when payment is sought. Other expenses which may be approved in advance by Council for reimbursement are: 1. an expense incurred by a Councillor in performing a function under the express authority of Council 2. an expense incurred by a Councillor in performing a function in his/her capacity as a Council member. The extent to which an expense referred to in 1 or 2 can be reimbursed is the actual amount, verified by support information.
MINUTE NO: 17340/17376 Policy Adopted: 6 October 1996 MINUTE NO: 364556 Policy Amended: 15 June 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018 MINUTE NO: 20200505 Policy Adopted: 20 May 2020
Shire of Carnamah Policy Manual – updated September 2021 Page 12 of 200 POLICY 1.4 STAFF ALLOWANCES (DAILY ACCOMMODATION, MEALS AND EXPENSES ALLOWANCE)
1.4 STAFF ALLOWANCES (DAILY ACCOMMODATION, MEALS AND EXPENSES ALLOWANCE)
PREAMBLE
When staff are required to be away from home, the options are for them to be accommodated at hotels or motels where the Shire meets the entire cost of accommodation, meals, phone calls, parking and other incidental expenses, (daily cost in the range of $150.00 - $250.00) or to stay in private accommodation, where no cost is incurred by the Shire. When staying at hotels or motels staff are required to produce receipts for any expenditure. There is no current provision for those making their own accommodation arrangements to be reimbursed for the meals and incidental expenses they incur even though they are saving the Shire significant costs in not incurring accommodation expenses.
POLICY
When staff are absent from the Shire of Carnamah on training courses, meetings, conferences or other Shire business, and choose not to stay at a hotel or motel but in private accommodation where there is no cost to Council, they have the opportunity to claim a daily allowance of $100.00 to cover meals and other expenses such as (but not limited to) phone calls and parking. The allowance is to be paid on the basis of $100.00 for each night spent away from the Shire of Carnamah. There is no requirement for staff to produce receipts when claiming the daily allowance. The allowance may be prepaid, at the discretion of the Chief Executive Officer.
MINUTE NO: 20210207 Policy Adopted: 17 February 2021
Shire of Carnamah Policy Manual – updated September 2021 Page 13 of 200 POLICY 1.5 WINCHESTER CEMETERY WORKING GROUP
1.5 WINCHESTER CEMETERY WORKING GROUP
POLICY That the following terms of reference be adopted for a Winchester Cemetery working group.
1. The Committee shall be known as the Winchester Cemetery working group. 2. The membership of the working group, as appointed from time to time by the Carnamah Shire Council will comprise six (6) members drawn from the Shires of Carnamah and Coorow. All members shall have a voting entitlement. 3. Appointment and replacement of members of the working group will be in accordance with the provisions of the Local Government Act 1995. 4. The Committee may meet as often as it considers necessary and determine its own order of business, excepting that when requested to do so by the Carnamah Shire Council, it shall meet to consider and advise on the matters specified. 5. There shall be a Presiding Member and Secretary of the working group elected from and by the membership, as soon as practicable after the biennial Council elections for the succeeding two years. In the event of the resignation of either officer, the working group shall elect one of its number to replace him. A member may also be nominated to act in the capacity of Presiding Member or Secretary in the absence of either from a meeting. 6. The quorum of the working group shall be four (4) members and no business shall be conducted in the absence of a quorum. 7. The working group shall decide the time and method of giving notice of meetings to its members. 8. The minutes of the working group shall be placed before the ordinary meeting of the Carnamah Shire Council next following a meeting of the, working group along with such supplementary reports as the Council requests or the working group considers appropriate. Copies are also to be forwarded to the Shire of Coorow. 9. The purpose and role of the working group shall be: i. To keep under review the condition of the Winchester Cemetery; ii. To plan for the continuing care and maintenance of the Winchester Cemetery; iii. To develop on-going plans for upgrading the Winchester Cemetery; iv. From time to time, to report to the Carnamah Shire Council on matters listed under the first three objects, and recommend works which should be carried out to secure those objectives; v. On the receipt of Council's instructions, to arrange the approved works including contracts (except where otherwise specified by Council) and voluntary labour; and vi Where voluntary labour is to be used the working group shall advise the Council so that Voluntary Worker's Insurance may be arranged.
MINUTE NO: 874 Policy Adopted: 14 March 1984 MINUTE NO: 364556 Policy Amended: 15 June 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 14 of 200 POLICY 1.6 USE OF COUNCIL CHAMBERS
1.6 USE OF COUNCIL CHAMBERS
PURPOSE To promote the Shire within the Community and to regulate the use of the Council Chambers to ensure public usage reflects the best interests of Council and the Community.
POLICY The Council Chambers may be made available for public meetings on the following basis: 1. That the meeting is related to Council business, or is associated with Council involvement. 2. That a Councillor or senior staff member is an attendant of the meeting. 3. That the meeting is not a private function, nor used for political or electoral purposes.
MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
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POLICY 1.7 SHIRE OF CARNAMAH - CITIZEN OF THE YEAR AWARDS
1.7 AUSTRALIA DAY WA CITIZEN OF THE YEAR AWARDS
1. The Shire of Carnamah invites nominations for the Awards through the local media, advertising at the beginning of November with the closing date being end of November of each year. The advertisement is to include the assessment matrix to outline the criteria required of nominees 2. Individuals and organisations may submit nominations using the Australia Day WA Citizen of the Year Award nomination form and assessment matrix. 3. A nominee who has previously received a Citizen of the Year Award will not be considered for an award in the same category. 4. The Council will determine the successful nominees by applying the attached Assessment Matrix for each category. 5. Council will inform the successful nominees of their award to ensure attendance at the Ceremony in a confidential manner. 6. The Awards will be presented during the Australia Day Celebrations in a joint function with the Carnamah Historical Society in Carnamah and at a function at the Eneabba Swimming Pool. That Council conducts the Australia Day Awards on a Shire basis and not on an individual town basis. The awards being as follows: • Australia Day WA Citizen of the Year Award • Australia Day WA Citizen of the Year Award - Community Group or Event • Australia Day WA Citizen of the Year Award - Senior (65 years old and over) • Australia Day WA Citizen of the Year Award - Youth (25 years and under)
Council will apply the Assessment Matrix (following) and determine the successful nominees at its December meeting each year.
Shire of Carnamah Administration staff will arrange for the printing and framing of winner certificates.
MINUTE NO: 30672 Policy Amended: 16 April 2003 MINUTE NO: 364614 Policy Reviewed: 21 September 2011 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018 MINUTE NO: 20190212 Policy Amended: 20 February 2019 MINUTE NO: 20210209 Policy Amended 17 February 2021
Shire of Carnamah Policy Manual – updated September 2021 Page 16 of 200 Appendix 1: Shire of Carnamah Citizen of the Year Assessment Matrix
SHIRE OF CARNAMAH
CITIZEN OF THE YEAR
ASSESSMENT MATRIX
• Extent to which applicant has contributed to community service i.e. youth, aged, emergency services, charitable purposes. 30
• Extent to which applicant has held office for community service organizations. 10
• Extent to which applicant has contributed to recreational based organizations i.e. sporting clubs, drama, arts.
25
• Extent to which applicant has held office for a recreational based organization. 5
• Extent to which applicants contributions cover a range of activities i.e. sport, art, aged care, youth, emergency service.
15
• Extent to which the applicants contribution has been over a previous 12 months. 15
TOTAL 100
Shire of Carnamah Policy Manual – updated September 2021 Page 17 of 200 POLICY 1.8 ELECTED MEMBERS PROFESSIONAL DEVELOPMENT
1.8 ELECTED MEMBERS PROFESSIONAL DEVELOPMENT
Section 5.128 of the Local Government Act 1995 requires that a Local Government adopt a policy in relation to the continuing professional development of Elected Members. The adoption of the policy requires an Absolute Majority decision of Council. The continuing professional development of Councillors which is in addition to the training required for newly elected Councillors after each election (see below).
Local Government (Administration) Regulations 1996 – Regulation 35 Training for council members (Act s. 5.126(1)) (1) A council member completes training for the purposes of section 5.126(1) if the council member passes the course of training specified in subregulation (2) within the period specified in subregulation (3). (2) The course of training is the course titled Council Member Essentials that —
(a) consists of the following modules — (i) Understanding Local Government; (ii) Serving on Council; (iii) Meeting Procedures; (iv) Conflicts of Interest; (v) Understanding Financial Reports and Budgets; and (b) is provided by any of the following bodies — (i) North Metropolitan TAFE; (ii) South Metropolitan TAFE; (iii) WALGA.
(3) The period within which the course of training must be passed is the period of 12 months beginning on the day on which the council member is elected.
Ongoing Professional Development The professional development of Councillors is an important activity of the Shire to ensure that its decision making is of the highest standard and is the product of informed and ethical debate by well trained and committed elected members acting in the best interest of all of the community. Definition: “formal training event” means conferences, seminars, forums, workshops, courses and information sessions.
Eligible Formal Training Events The formal training events to which this policy applies is limited to those conducted by, or organised by, any of the following organisations or individuals:
• The West Australian Local Government Association (WALGA); • Local Government Professionals WA; • Accredited training organisations offering training which directly relates to the role and responsibilities of councillors; • Information sessions organised by the Department of Local Government, Sport and Cultural Industries; and • Seminars, training and or information sessions provided by individuals with a demonstrably strong knowledge of local government in Western Australia.
Shire of Carnamah Policy Manual – updated September 2021 Page 18 of 200 Funding To provide equity in access for all elected members, an annual budget allocation of an amount per Councillor will be made for ongoing professional development. The Shire President shall have an additional amount allocated in the budget for training specifically aimed at the development of Mayors and Presidents in Western Australia. Unexpended funds for each Councillor cannot be carried over into the next financial year.
Choice of Formal Training Event Councillors wishing to attend a formal training event should indicate to the President or CEO the wish to be enrolled in the event. This advice should be in a timely manner so that bookings and other arrangements can be made, and so that the proposed event can be determined as meeting the eligible status described above, and that the Councillor making the application has sufficient allocated funds to attend.
Interstate Formal Training Events Attendance at interstate training events is at the discretion of Council and needs to be funded from a “Governance – Conference Account” which will have an annual allocation in the budget primarily for the attendance of Councillors and the CEO at the WALGA Annual General Meeting and Convention held in Perth each year.
General Where necessary travel, accommodation and other related costs will be met from the budget allocations for training. International Training Events will not be considered by Council.
Review Section 5.128 (5) of the Local Government Act 1995 requires that this policy be reviewed after each ordinary election, and at any other time that Council wishes to carry out a review.
MINUTE NO: 20200304 Policy Adopted: 18 March 2020
Shire of Carnamah Policy Manual – updated September 2021 Page 19 of 200 POLICY 1.9 USE OF COUNCIL LOGO
1.9 USE OF COUNCIL LOGO
PURPOSE The purpose of this policy is to ensure that Council’s logo retains its integrity through consistent and appropriate use.
POLICY
1. Council uses its logo, where possible, on all documentation, signage and promotional merchandise. 2. Council permits an organisation or individual to use the logo if the organisation or individual is conducting an event or undertaking a project for which Council has provided a financial or in-kind contribution. 3. The use of the logo by private enterprise (commercial) parties be permitted only where some advantage could, in the opinion of the Chief Executive Officer (CEO), accrue to Council. Such permission must be provided by the CEO in writing and obtained in each and every use of the logo. Council may, at its discretion, set an appropriate fee for that use. 4. If a party obtains permission to use the logo, the following conditions apply: a. The logo remains the property of the Shire of Carnamah and can only be used on approved materials; b. The logo must not be used in conjunction with any merchandise, fundraising appeal or activity, or on any product, without prior written approval; c. The logo must be reproduced without alteration or modification, as provided by the Shire. The elements of design and text are integral components of the Shire’s brand, and must not be deleted or modified in any way. d. Final proofs of all materials that contain the logo are to be referred to the CEO for assessment, who may delegate this task to another employee for final approval of the application of the logo, prior to use. e. The Shire has the right to revoke the permission/approval at any stage if it believes that the logo has been used in an unacceptable way, either by its appearance or by the product it has been associated with. 5. Council’s name and logo remain the property of Council at all times and may only be used with express permission.
MINUTE NO: OCM20210407 Policy Adopted: 21 April 2021
Shire of Carnamah Policy Manual – updated September 2021 Page 20 of 200 2. ADMINISTRATION
POLICY 2.1 CONTRIBUTIONS AND DONATIONS
2.1 CONTRIBUTIONS AND DONATIONS
POLICY
An allocation to a generic donations account will be included in the Shire’s Annual Budget. The Chief Executive Officer can consider and make decisions on donations up to $200.00.
MINUTE NO: 514 Policy Adopted: 16 November 1983 MINUTE NO: 364556 Policy Amended: 15 June 2011 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018 MINUTE NO: 20200707 Policy Amended: 15 July 2020
Shire of Carnamah Policy Manual – updated September 2021 Page 21 of 200
POLICY 2.2 SHIRE NEWSLETTER – “CARNAMAH MAT & ENEABBA NEWS”
2.2 SHIRE NEWSLETTER – “CARNAMAH MAT & ENEABBA NEWS”
POLICY This policy is for the proper care and maintenance of newsletter stationery and equipment, rules for advertising and a direction in relation to the publication of press releases of a political nature. 1. Editor The CEO or his delegate shall be deemed to be the Editor. 2. Advertising Fees As adopted by Council each year and appearing in the Schedule of Fees and Charges, will apply on all advertisements in newsletters, unless approved as otherwise by the Chief Executive Officer, with such fees being deposited with Council to assist in defraying production costs. 3. Newsletters are to only include : a. Advertisements – paid for in accordance with the Schedule of Fees b. Unpaid advertisements – as approved by the Chief Executive Officer c. Articles of a sporting, recreational, craft, service group, educational nature and general interest d. No free advertising/promotion or news items from Members of Parliament unless the news article is relevant to the residents of the Shire of Carnamah. e. No electoral promotion or messages from political parties, other persons or organisations, supporting or disparaging any party or candidate will be inserted under any circumstance f. Any other industry notices must be paid for (e.g. WA Farmers Federation, Cooperative Bulk Handling Ltd) and also, any advertisement that contains a charge for a service or course. 4. Costs: The Council will meet the cost of paper, photocopying and collation, for as long as the relevant community supports the newsletter publication. 5. Unsigned Correspondence & Newspaper Disclaimer a. Unsigned letters of complaint / request The Shire of Carnamah generally shall not publish or respond to any unsigned letters of complaint or requests. b. Local Newspaper Disclaimer • The Shire of Carnamah is aware that numerous people advertise in the local newspaper and also portray personal views and opinions on topical events. • The Shire of Carnamah or the editor of the newspaper does not always adopt or endorse all of the items advertised or portrayed in the local newspaper. • Therefore the Carnamah Shire Council endorses the following disclaimer, which is to be placed in each edition of the “Carnamah Mat & Eneabba News”:
“The views provided in this publication are the views of the individuals who contributed the information relating to those views. These views are not necessarily endorsed by Council or the Editor. Similarly, the Shire of Carnamah accepts no responsibility for information provided by third parties.”
All notices and letters to the Editor must be signed by the contributor on submission.
MINUTE NO: 6589 Policy Adopted: 20 September 1989 MINUTE NO: 634556 Policy Amended: 15 June 2011 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018 MINUTE NO: 20200707 Policy Amended: 15 July 2020
Shire of Carnamah Policy Manual – updated September 2021 Page 22 of 200 POLICY 2.3 EXECUTION OF DOCUMENTS AND USE OF COMMON SEAL
2.3 EXECUTION OF DOCUMENTS AND USE OF COMMON SEAL
OBJECTIVE To establish procedures for: a) Affixing the City’s common seal; and b) Determining whether a document is executed by way of common seal or signed by an authorised employee.
DETAILS In accordance with section 9.49A of the Local Government Act 1995 (WA), 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. The execution requirements, including the making, varying or discharge of documents pursuant to section 9.49B of the Local Government Act, shall be as outlined in Attachment 1 of this Policy. Document means any paper or electronic document, including communications such as letters and emails, which: a) convey a decision; or b) establish an obligation on the Shire; or c) is ceremonial.
AUTHORISED SIGNATORIES UNDER DELEGATION The Shire President and Chief Executive Officer are authorised to affix and sign all documents to be executed under a common seal, however, in the absence of the Shire President and/or the Chief Executive Officer as the case may be, the Deputy President and the Acting Chief Executive Officer are authorised to affix the Common Seal. There is no legal requirement for the common seal to be affixed in order for a document to be executed where Council has resolved to authorise the CEO or any other employee to sign a document pursuant to section 9.49A of the Local Government Act 1995. Employees authorised under section 9.49A of the Local Government Act 1995 may sign the documents identified for that purpose in Table 1 of this Policy. Despite the authorisation, the common seal may still be affixed in the following circumstances: (a) if the authorised officer is of the opinion the document carries a high level of financial risk, legal complexity or political sensitivity that the document should be executed by way of common seal; or (b) the other party has reasonably requested the document be executed by way of common seal. Details of all transactions where the Common Seal has been affixed shall be recorded in a register kept by the Chief Executive Officer, with such register to record each date on which the common seal was affixed to a document, the nature of the said document, and the parties to any agreement to which the common seal was affixed.
DOCUMENT TYPES For clarity, Table 1 outlines those documents where the Common Seal should be applied as part of the Execution.
LIMITATION ON SPECIFIC AUTHORITIES The specific authorities established in Attachment 1 are limited by the following conditions: 1. Chief Executive Officer a) Unlimited $value; and/or b) Commitment period is specifically resolved by Council or in any other case, no greater than a 5 year period; and/or
Shire of Carnamah Policy Manual – updated September 2021 Page 23 of 200 c) Moderate or lesser financial risk, legal complexity or political sensitivity, unless specifically resolved by Council. 2. Manager a) <$100,000p/a; and/or b) Commitment is no greater than a 3 year period; and/or c) Minor or lesser level of financial risk, legal complexity or political sensitivity.
METHOD OF AFFIXING THE COMMON SEAL Below are examples of how documents should be executed under the common seal:
Example A – Where the Common Seal is affixed by Resolution of Council:
DATED: ______20__ The Common Seal of the Shire of Carnamah was affixed by authority of a resolution of the Council in the presence of:
______[INSERT NAME OF PRESIDENT] SHIRE PRESIDENT
Common ______Seal [INSERT NAME OF CEO] CHIEF EXECUTIVE OFFICER
Example B: Other Documents:
DATED: ______20__ The Common Seal of the Shire of Carnamah was affixed in the presence of:
______[INSERT NAME OF PRESIDENT] SHIRE PRESIDENT
Common ______Seal [INSERT NAME OF CEO] CHIEF EXECUTIVE OFFICE
MINUTE NO: 20078 Policy Adopted: 17 March 1999 MINUTE NO: 364556 Policy Amended: 15 June 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018 MINUTE NO: 20200707 Policy Reviewed: 15 July 2020 MINUTE NO: 20210207 Policy Reviewed: 17 February 2021
Shire of Carnamah Policy Manual – updated September 2021 Page 24 of 200
Table 1
DOCUMENT TYPE COMMON SEAL EXECUTION BY * Common Seal only to be applied where specified in a document prepared by an external party. SIGNATURE ONLY
Shire President CEO or Delegated Officer
Local Laws – made and amended ✓ Planning Schemes – adopted and amended ✓ Land Transaction documents, including: • sale; ✓ ✓ • purchase; • vesting; • contributed assets; • notifications of factors affecting land under 70A of the Land Transfer Act 1893 – lodge or withdraw; • easements – by land transfer o rights of carriage way; o rights of support to land burdened by buildings; o rights to erect a party wall; o rights to light and air (Property Law Act 1969); o rights to take water from wells or bores; o rights to install and operate drains and drainage works; o rights to install, maintain and operate oil, gas or other pipelines; o rights to install, maintain and operate electric power lines, telephone and other cables and supporting pylons; • restrictive Covenants – by land transfer; and • deeds – land transfer for public purposes
Land Transaction documents, including: • Caveats - registering or removing; ✓ • Leases;
Shire of Carnamah Policy Manual – updated September 2021 Page 25 of 200 • Easements – by deed, deposited plan or other legal instrument: o rights of carriage way; o rights of support to land burdened by buildings; o rights to erect a party wall; o rights to light and air (Property Law Act 1969); o rights to take water from wells or bores; o rights to install and operate drains and drainage works; o rights to install, maintain and operate oil, gas or other pipelines; and o rights to install, maintain and operate electric power lines, telephone and other cables and supporting pylons; • Restrictive Covenants – lodge, modify or withdraw (other than by land transfer); • Deeds; and • Legal agreements. Mortgages, Loans and Debentures ✓ Power of Attorney to act for the Shire ✓ State or Commonwealth Government Funding Agreements ✓ Grants and Funding Agreements with private agencies (incoming and outgoing) ✓ Memorandum of Understanding ✓ ✓ Contracts and legal instruments, including contract variations, related to: • Procurement Contracts ✓ • Service Agreements (incoming or outgoing services) • Heritage Agreements • Acquittal of planning conditions • Maintenance of the public realm Development, subdivision and strata-title approvals for Shire Land ✓ Memorial • Deed Poll Registration: A document lodged under the Registration of Deeds Act 1856, ✓ notifying the change of name of a person. • Memorial of Advertisement: A document lodged at the Office of Titles by a Local Authority evidencing that the legal requirements necessary to sell land for the non- payment of rates, have been attended to. • Prohibiting dealings in land: A document lodged at the Office of Titles under one of a number of statutes, which when noted on a Certificate of Title acts as a caveat.
Shire of Carnamah Policy Manual – updated September 2021 Page 26 of 200 Documents that fulfil a statutory local government duty or power, for which there is no power of delegation or authorisation and is a matter which constitutes a potential risk to the ✓ Shire. Communications on behalf of the Shire, with Note: Commonwealth or State Ministers Officers are authorised to sign routine ✓ ✓ Communications on behalf of the Shire, with CEOs day to day operational of: communications where the recipient is ✓ of a similar organisational level as the • Commonwealth or State Government Shire Officer. Departments • Industry representative bodies Communications on behalf of the Shire, relevant to the day-to-day operations of the Shire and which are subject of a level of political sensitivity or potential risk to the Shire. ✓ Ceremonial Certificates: • Honorary Freeman ✓ • Honorary Citizenship Deeds of Settlement – Employee matters ✓ Enterprise Bargaining Agreements ✓ Leases/Licences to External Parties (not registered on title) ✓
Shire of Carnamah Policy Manual – updated September 2021 Page 27 of 200 POLICY 2.4 LEGAL REPRESENTATION COSTS INDEMNIFICATION
2.4 LEGAL REPRESENTATION COSTS INDEMNIFICATION
PREAMBLE
The Local Government Department (LGD) in Circular No. 11/2000 recommended that local governments adopt a policy on legal representation and costs indemnification, to assist where a member or employee is threatened with legal action, taken to court or where they require court action to carry out their functions.
POLICY
1. Introduction a. This policy is designed to protect the interests of Council members and employees (including past members and former employees) where they become involved in civil legal proceedings because of their official functions. In most situations the local government may assist the individual in meeting reasonable expenses and any liabilities incurred in relation to those proceedings. b. In each case it will be necessary to determine whether assistance with legal costs and other liabilities is justified for the good government of the district. This policy applies in that respect.
2. General Principles a. The local government may provide financial assistance to members and employees in connection with the performance of their duties provided that the member or employee has acted reasonably and has not acted illegally, dishonestly, against the interests of the local government or otherwise in bad faith. b. The local government may provide such assistance in the following types of legal proceedings: i. Proceedings brought by members and employees to enable them to carry out their local government functions (eg. where a member or employee seeks a restraining order against a person using threatening behaviour); ii. Proceedings brought against members or employees [this could be in relation to a decision of Council or an employee which aggrieves another person (eg. refusing a development application) or where the conduct of a member or employee in carrying out his or her functions is considered detrimental to the person (eg. defending defamation actions)]; and iii. Statutory or other inquiries where representation of members or employees is justified. c. The local government will not support any defamation actions seeking the payment of damages for individual members or employees in regard to comments or criticisms levelled at their conduct in their respective roles. Members or employees are not precluded, however, from taking their own private action. Further, the local government may seek its own advice on any aspect relating to such comments and criticisms of relevance to it. d. The legal services the subject of assistance under this policy will usually be provided by the local government’s solicitors. Where this is not appropriate for practical reasons or because of a conflict of interest then the service may be provided by other solicitors approved by the local government.
3. Applications for Financial Assistance a. Subject to item (e), decisions as to financial assistance under this policy are to be made by Council. b. A member or employee requesting financial support for legal services under this policy is to make an application in writing, where possible in advance, to the Council providing full details of the circumstances of the matter and the legal services required.
Shire of Carnamah Policy Manual – updated September 2021 Page 28 of 200 c. An application to the Council is to be accompanied by an assessment of the request and with a recommendation which has been prepared by, or on behalf of, the Chief Executive Officer (CEO). d. A member or employee requesting financial support for legal services, or any other person who might have a financial interest in the matter, should take care to ensure compliance with the financial interest provisions of the Local Government Act 1995. e. Where there is a need for the provision of urgent legal services before an application can be considered by Council, the CEO may give an authorisation to the value of $5,000 provided that the power to make such an authorisation has been delegated to the CEO in writing under section 5.42 of the Local Government Act 1995. f. Where it is the CEO who is seeking financial support for the legal services the Council shall deal with the application.
4. Repayment of Assistance a. Any amount recovered by a member or employee in proceedings, whether for costs or damages, will be off set against any moneys paid or payable by the local government. b. Assistance will be withdrawn where the Council determines, upon legal advice, that a person has acted unreasonably, illegally, dishonestly, against the interests of the local government or otherwise in bad faith; or where information from the person is shown to have been false or misleading. c. Where assistance is so withdrawn, the person who obtained financial support is to repay any moneys already provided. The local government may take action to recover any such moneys in a court of competent jurisdiction.
MINUTE NO: 20848 Policy Adopted: 20 December 2000 MINUTE NO: 364556 Policy Amended: 15 June 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 29 of 200 POLICY 2.5 PURCHASING
2.5 PURCHASING
PREAMBLE This policy has been designed to provide an effective guide for staff in the purchase of goods and services. The process aims to help avoid pitfalls and ensure a successful outcome is achieved for Council. Purchases of goods and services have been broken down into a number of price ranges with each requiring different actions and processes to be followed.
1. Direct Purchase - Up to and including $25,000 Goods and services valued (in total) up to $25,000 do not require the conduct of a competitive process. Verbal quotations should be obtained and the purchase should represent value for money. Opportunity should be given for local suppliers to submit quotations wherever possible. Where considered appropriate, written quotations may be requested.
2. Written Quotations over $25,000 up to and including $55,000 The purchase of goods and services valued between $25,000.01 and $55,000 inclusive require written quotations to be obtained. Where practicable 2 quotations should be sought; however, depending on the nature of the purchase and the number of suppliers available, more quotations may be sought. An official Purchase Order shall be raised for all such purchases, with the Chief Executive Officer having delegated authority to approve such purchases where appropriate allowance has been made in the budget or in the event of an emergency purchase. Opportunity should be given for local suppliers to submit quotations wherever possible.
3. Written Quotations over $55,000 up to and including $249,999.99 The purchase of goods and services valued between $55,000 and $250,000 require formal written quotations to be obtained. For these purchases staff are to formally request in writing that written quotations be submitted to Council for consideration. Due to the value of such purchases it is expected a minimum of two quotations be obtained. An official Purchase Order shall be raised for all such purchases with the Chief Executive Officer having delegated authority to approve such purchases where appropriate allowance has been made in the budget. Opportunity should be given for all local suppliers to submit quotations wherever possible. A copy of all quotations received should be attached to the office copy of the Purchase Order. Council is to be advised for its information of relevant purchases within this price range.
4. General Requirements Once the need for the goods or service has been identified: a. prepare clear, accurate and concise requirements for the purchase, b. where appropriate, prepare a detailed specification with all relevant technical information (e.g. plant purchases, bitumen), c. use standardised formats and procedures to minimise cost and assist suppliers and Council with the purchase process, d. maintain accurate records for audit and future reference purposes, e. ensure all of the process is transparent and accountable.
Shire of Carnamah Policy Manual – updated September 2021 Page 30 of 200 5. Exemptions a. Purchases made with the express approval of Council b. Purchases made through the WA Local Government Association E Quotes System
6. Purchase Order Limits An official Purchase Order should be raised for all such purchases over $1000.00, with the following officers having authority to sign Purchase Orders up to the stipulated values:
Position $ Value Chief Executive Officer 1,000,000 Deputy Chief Executive Officer 100,000 Manager of Works & Services 100,000 Senior Finance Officer 10,000
Summary Table Where the value of procurement (excluding GST) for the value of the contract over the full contract period (including options to extend) is, or is expected to be:-
Amount of Purchase Policy Up to $25,000 inclusive Direct purchase from suppliers requiring only one verbal quotation.
Over $25,000- $55,000 Obtain at least two verbal or written quotations. inclusive Over $55,000 and below Obtain at least two written quotations containing price and $250,000 specification of goods and services (with procurement decision based on all value for money considerations). $250,000 and above Conduct a public tender process.
7. Criteria for deciding which tender should be accepted The tender scoring system is to be as follows for products and services where the CEO believes that quality can easily be defined if the tender documentation and quality control at the supply stage can be adequately managed (and price can therefore be a primary determinant):
80% - Price 5% - Compliance 5% - Availability 5% - Experience in the Carnamah Shire and/or North Midlands area; and 5% - Resident within the Shire of Carnamah.
For products and services where the CEO believes values like experience, outcome/ output quality, and reliability are more important than price, the CEO is authorised to include in the tender documentation a tender scoring criteria within the following ranges:
40 to 60 % - Price 20 to 40% - Experience, outcome/ output quality, and reliability 5% - Compliance 5% - Availability 5% - Experience in the Shire of Carnamah and/or North Midlands area; and 5% - Resident within the Shire of Carnamah.
Shire of Carnamah Policy Manual – updated September 2021 Page 31 of 200 MINUTE NO: 313736 Policy Adopted: 21 February 2007 MINUTE NO: 364715 Policy Amended: 18 September 2013 MINUTE NO: 20151106 Policy Amended: 18 November 2015 MINUTE NO: 20170906 Policy Amended: 20 September 2017 MINUTE NO: 20180606 Policy Amended: 16 May 2018 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018 MINUTE NO: 20190408 Policy Amended: 17 April 2019 MINUTE NO: 20200412 Policy Amended: 22 April 2020
Shire of Carnamah Policy Manual – updated September 2021 Page 32 of 200
POLICY 2.6 HIRING / LENDING OF ITEMS FROM THE CARNAMAH TOWN HALL
2.6 HIRING / LENDING OF ITEMS FROM THE CARNAMAH TOWN HALL
POLICY Applications for the hiring or borrowing of items from the Town Hall, as a matter of general policy, will not be approved.
MINUTE NO: 364419 Policy Adopted: 15 February 2012 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 33 of 200 POLICY 2.7 COMMUNITY ENGAGEMENT
2.7 COMMUNITY ENGAGEMENT
PREAMBLE As part of the Integrated Planning and Reporting process for Local Government legislated by the State Government in 2011, the Carnamah Shire Council developed and introduced a Strategic Community Plan effective from 1st July 2012. This involved some important community engagement measures. Community engagement is “any process that involves the public in solving problems or making decisions, and uses public input to make decisions” (IAP2, 2006). Through this community engagement strategy the Shire of Carnamah intends to engage with as many groups and members of the community as possible.
In recent years, the Shire of Carnamah has proactively addressed several challenges, including developing a strategy to reverse a deficit financial situation, exploring the possibility of amalgamating with the neighbouring Shire of Coorow, and embarking on townsite revitalisation/townscaping programs in both Carnamah and Eneabba. In order to inform its community and to consult with electors in the determination of priorities, Council initiated a number of community meetings and forums from mid 2010 onwards. This ongoing community engagement process has proven to be invaluable in establishing a positive way forward for the Shire of Carnamah.
There has been a strong community response to these cross cutting engagement opportunities with Council. This has raised the awareness of members of the community of the role that they can play in setting the future direction of their local authority. This regular interfacing between the Council and the community has provided a strong basis for this level of engagement to continue in the strategic community planning process. The ongoing challenge for Council is to clearly communicate its vision, role and priorities whilst providing a platform for the community to comment upon, engage and collaborate in determining the scope and levels of Council’s services and development priorities.
The International Association for Public Participation (IAP2) is a well respected worldwide organisation that was founded to protect the integrity of public decision making processes. It has become the primary resource for developing public participation (or community engagement) processes.(http://www.iap2.org.au/documents/item/83). Therefore the Shire of Carnamah will base this community engagement strategy around the IAP2 Core Values and Public Participation Spectrum to promote (ensure?) maximum community participation in the determination of values, visions, aspirations, long term strategies and goals for the whole community.
As with all documents which form part of the Integrated Planning Strategy, the Shire of Carnamah’s Community Engagement Strategy will continue to evolve and change in response to changes in legislation and best practice in community engagement. This strategy is being prepared after the adoption of the Community Strategic Plan and is to be viewed as a way forward in community engagement in the Shire of Carnamah.
POLICY The International Association of Public Participation (IAP2) has developed a Public Participation Spectrum that provides an internationally recognised framework for community engagement. The Spectrum identifies the possible methods of engagement relative to the level of impact that the community would have on the decision-making. The Spectrum ranges from Inform, Consult and Involve, through to Collaborate and Empower, which is outlined in the following table:
Table One: IAP2 Public Participation Spectrum
Shire of Carnamah Policy Manual – updated September 2021 Page 34 of 200
INCREASING LEVEL OF PUBLIC IMPACT
INFORM CONSULT INVOLVE COLLABORATE EMPOWER Public Public Public Public Public Participation Participation Participation Participation Participation Goal: Goal: Goal: Goal: Goal: To provide the To obtain To work directly To partner with the To place final public with feedback on with the public public in each decision- balanced and analysis throughout the aspect of the making in the objective alternatives process to decision including hands of the information to and or ensure that the the development public assist them decisions public concerns of alternatives understanding and aspirations and identification the problem, are consistently of the preferred alternatives, understood and solution opportunities considered and/or Promise to the Promise to Promise to the Promise to the Promise to public the public public public the public We will keep We will keep We will work with We will look to you We will you informed you informed, you to ensure for advice and implement listen to and that your innovation in what you acknowledge concerns and formulating decide concerns and aspirations are solutions and aspirations, directly reflected incorporate your and provide in the advice and feedback on alternatives recommendations how the public developed and into the decisions input provide to the maximum influenced the feedback on how possible extent decision the public input influenced the Example Example Example Example Example Techniques to Techniques Techniques Techniques Techniques Consider to Consider to Consider to Consider to Consider Fact sheets Public Workshops Citizen advisory Citizens Websites Open comment Deliberative committees juries Ballots houses Focus groups polling Consensus Delegated Surveys; building decisions Public Participatory ti d i i ki
The Shire of Carnamah will use this spectrum to guide its engagement approach within the resources available. It is expected that the Shire’s engagement activities will focus on the inform, consult and involve parts of the spectrum. The Shire will apply the involvement and collaborative engagement techniques where appropriate and practical.
Empowerment opportunities are limited in local government due to the confines of the legislative environment, however when considered appropriate and legally possible, the Shire of Carnamah will place aspects of final decision making with the community.
Shire of Carnamah Policy Manual – updated September 2021 Page 35 of 200
Engagement Principles It is important that the community feel involved in the Local Government decision making process. They have this opportunity on an ongoing basis through their elected Councillors but there are also occasions when it is necessary to engage the whole community in a consultation format. To provide meaningful community engagement the Shire will commit to the IAP2 Core Values for the practice of public participation. 1. Community engagement is based on the belief that those who are affected by a decision have a right to be involved in the decision-making process. 2. Community engagement includes the promise that the public’s contribution will be considered in the decision making process. 3. Community engagement promotes sustainable decisions by recognising and communicating the needs and interests of all participants, including decision makers. 4. Community engagement seeks out and facilitates the involvement of those potentially affected by or interested in a decision. 5. Community engagement seeks input from participants in designing how they participate. 6. Community engagement provides participants with the information they need to participate in a meaningful way. 7. Community engagement communicates to participants how their input affected the decision.
Objectives Through the application of the IAP2 Public Participation Spectrum, in conjunction with the core values, this Community Engagement Strategy will: • Provide a consistent approach across the Shire as to how the Shire engages with the community and other key stakeholders; • Strengthen the relationship between the Shire, government stakeholders, service providers, local organisations, and the community through ongoing community engagement; • Improve communication and information sharing between the Shire and the community; • Involve Shire stakeholders identify their key long term priorities across the community; Council will engage with the community when: • Developing Council major strategies, plans and policies, which impact the Shire; • Significant decisions on crucial operational, infrastructure or resource management matters are required; • Council has limited understanding of the community’s views and opinions on issues; • Decisions are likely to have major impacts on a discrete community or the Shire as a whole; • Decision would benefit from external advice • Legislation requires community consultation; and • The community presents a sound case for community engagement. Council may elect not to engage with the community when: • Council is confident that current and accurate data or information is available to make an informed decision; • Matters are administrative or routine management; • External timeframes imposed on council do not permit the inclusion of a meaningful engagement process; • Decisions are imposed by external agencies; and • There is an emergency situation. Stakeholder Identification According to the level of engagement required, identification of major stakeholders will be undertaken ensuring there is representation from some of the following groups: • General community/resident groups; • Electors; • People with disabilities;
Shire of Carnamah Policy Manual – updated September 2021 Page 36 of 200 • Senior citizens; • Youth; • Business community; • Visitors; • Individuals that work in the Shire; • Government and Non-Government agencies; and • Any other stakeholders. Since not all groups can be engaged using the same techniques, the question of how desired stakeholders can be most effectively engaged will be considered.
Resourcing Requirements The Shire of Carnamah’s community engagement process will be undertaken by Shire staff and/or contractors, together with appropriate community and key stakeholder organisations/groups. Depending on the matter requiring engagement, the Shire may select from a variety of engagement tools and techniques that require different levels of resources. Involvement from external resources will be sought on an “as needed” basis, particularly with respect to specific skill sets that are not held by current Shire staff.
Building capacity, particularly in engaging those who are “hard to reach” and disengaged, can be a time-consuming and resource intensive exercise. This Community Engagement Strategy recognises that different engagement methods and approaches must consider this when planning for engagement.
Engagement Techniques There are a number of different and complementary engagement tools available to the Shire when seeking to engage with the community. The unique characteristics of the Shire of Carnamah and its community, suggests that engagement techniques should be selected for their appropriate fit to local circumstances. To be effective, the engagement techniques must take into consideration the Shire’s: • Two towns • Geographic area; • Population size, density and location; • Demographics (age, education, etc); • Social structure; and Tools for the Shire of Carnamah From previous experience, the most effective consultation techniques for the Shire of Carnamah are those that engage directly with the community. Therefore, the preferred means of consultation is likely to be a combination of: • Community events and Council Meetings; • Direct contact; • Newsletters; • Formal submissions and public exhibitions; and • Surveys
In addition, electronic engagement tools will be used where practical; however given the community demographic, this form of engagement will not necessarily be used as a primary tool. Where significant community engagement is important, Council will be guided by the five stages outlined below: 1. Prepare a. Define the purpose of the engagement b. Review and select engagement tools c. Plan engagement d. Review relevant information e. Develop supporting information
Shire of Carnamah Policy Manual – updated September 2021 Page 37 of 200 2. Create awareness of the engagement initiatives among a. Councillors b. Staff c. Community 3. Implement engagement plan 4. Respond a. Summarise engagement b. Advise participants of result 5. Adopt and implement
MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 38 of 200 POLICY 2.8 RISK MANAGEMENT
2.8 RISK MANAGEMENT
Purpose The objective of this Policy is to state Shire of Carnamah’s (the ‘Shire’s’) intention to identify potential risks before they occur so that impacts can be minimised or opportunities realised; ensuring that the Shire achieves its strategic and corporate objectives efficiently, effectively and within good corporate governance principles.
Policy It is the Shire’s Policy to achieve best practice (aligned with AS/NZS ISO 31000:2018 Risk management – Guidelines), in the management of all risks that may affect the Shire meeting its objectives.
Risk management functions will be resourced appropriately to match the size and scale of the Shire’s operations and will form part of the Strategic, Operational, and Project responsibilities and be incorporated within the Shire’s Integrated Planning Framework.
This policy applies to Council Members, Executive Management and all employees and contractors involved in any Shire operations.
The following points provide detail on the objective specifics: 1. Optimises the achievement of the Shire’s values, strategies, goals and objectives. 2. Aligns with and assists the implementation of Shire policies. 3. Provides transparent and formal oversight of the risk and control environment enabling effective decision-making. 4. Reflects risk versus return considerations within the Shire’s risk appetite. 5. Embeds appropriate and effective controls to mitigate risk. 6. Achieves effective corporate governance and adherence to relevant statutory, regulatory and compliance obligations. 7. Enhances organisational resilience. 8. Identifies and provides for the continuity of critical operations.
Key Policy Definitions Risk: Effect of uncertainty on objectives.
Note 1: An effect is a deviation from the expected – positive or negative.
Note 2: Objectives can have different aspects (such as financial, health and safety and environmental goals) and can apply at different levels (such as strategic, organisation-wide, project, product or process).
Risk Management: Coordinated activities to direct and control an organisation with regard to risk.
Risk Management Process: Systematic application of management policies, procedures and practices to the activities of communicating, consulting, establishing the context, and identifying, analysing, evaluating, treating, monitoring and reviewing risk.
Roles & Responsibilities
Shire of Carnamah Policy Manual – updated September 2021 Page 39 of 200 The CEO is responsible for the: • Implementation of this Policy. • Measurement and reporting on the performance of risk management. • Review and improvement of this Policy and the Shire’s Risk Management Framework at least biennially, or in response to a material event or change in circumstances.
The Shire’s Risk Management Framework outlines in detail all roles and responsibilities under CEO delegation associated with managing risks within the Shire.
Risk Assessment and Acceptance Criteria The Shire has quantified its broad risk appetite through the Shire’s Risk Assessment and Acceptance Criteria. The criteria are included within the Risk Management Framework and as a component of this policy.
All organisational risks are to be assessed according to the Shire’s Risk Assessment and Acceptance Criteria to allow consistency and informed decision making. For operational requirements such as projects or to satisfy external stakeholder requirements, alternative risk assessment criteria may be utilised, however these cannot exceed the organisations appetite and are to be noted within the individual risk assessment.
Monitor & Review The Shire will implement and integrate a monitor and review process to report on the achievement of the Risk Management Objectives, the management of individual risks and the ongoing identification of issues and trends.
This policy will be kept under review by the Shire’s Management Team and its employees. It will be formally reviewed biennially.
MINUTE NO: 20170413 Policy Adopted: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018 MINUTE NO: 20200707 Policy Reviewed: 15 July 2020
Shire of Carnamah Policy Manual – updated September 2021 Page 40 of 200 Risk Assessment and Acceptance Criteria
Shire of Carnamah Measures of Consequence
Rating Financial Service Project Project Health Compliance Reputational Property Environment (Level) Impact Interruption TIME COST Contained, Exceeds No noticeable Unsubstantiated, reversible Exceeds Near miss. No material deadline Insignificant Less than regulatory or low impact, low Inconsequential impact project service by 10% Minor first $20,000 statutory profile or ‘no damage. managed by budget by (1) interruption of project aid injuries impact news’ item on site 10% timeline response
Contained, Short term Localised Exceeds reversible Exceeds Medical temporary Some Substantiated, damage deadline Minor $20,001 - impact project type interruption – temporary non low impact, low rectified by by 15% $100,000 managed by budget by (2) injuries backlog cleared compliances news item routine internal of project internal 15% < 1 day procedures timeline response
Medium term Short term Substantiated, Localised Contained, temporary non- Exceeds public damage reversible Exceeds Lost time interruption – compliance but deadline Moderate $100,001 - embarrassment, requiring impact project injury backlog cleared with significant by 20% $500,000 moderate impact, external managed by budget by (3) by additional regulatory of project <30 days moderate news resources to external 20% resources requirements timeline profile rectify agencies < 1 week imposed
Shire of Carnamah Policy Manual – updated September 2021 Page 41 of 200 Shire of Carnamah Measures of Consequence
Rating Financial Service Project Project Health Compliance Reputational Property Environment (Level) Impact Interruption TIME COST
Prolonged Uncontained, Non- Substantiated, Significant interruption of reversible compliance public damage Exceeds services – impact Exceeds Lost time results in embarrassment, requiring deadline Major $500,001 - additional managed by project injury termination of high impact, high internal & by 25% $1,000,000 resources; a coordinated budget by (4) services or news profile, external of project >30 days performance response 25% imposed third party resources to timeline affected from external penalties actions rectify < 1 month agencies
Extensive Non- Substantiated, damage compliance public Indeterminate requiring results in embarrassment, Exceeds prolonged prolonged Exceeds Fatality, litigation, very high multiple Uncontained, deadline Catastrophic More than interruption of period of project permanent criminal impacts, high irreversible by 30% $1,000,000 services – non- restitution budget by (5) disability charges or widespread impact of project performance 30% significant multiple news Complete loss timeline > 1 month damages or profile, third party of plant, penalties actions equipment & building
Shire of Carnamah Policy Manual – updated September 2021 Page 42 of 200 Measures of Likelihood
Level Rating Description Frequency
5 Almost Certain The event is expected to occur in most circumstances (>90% chance) More than once per year
4 Likely The event will probably occur in most circumstances(>50% chance) At least once per year
3 Possible The event should occur at some time(20% chance) At least once in 3 years
2 Unlikely The event could occur at some time(<10% chance) At least once in 10 years
1 Rare The event may only occur in exceptional circumstances(<5% chance) Less than once in 15 years
Risk Matrix
Consequence Insignificant Minor Moderate Major Catastrophic Likelihood 1 2 3 4 5
Almost Certain 5 Moderate (5) High (10) High (15) Extreme (20) Extreme (25)
Likely 4 Low (4) Moderate (8) High (12) High (16) Extreme (20)
Possible 3 Low (3) Moderate (6) Moderate (9) High (12) High (15)
Unlikely 2 Low (2) Low (4) Moderate (6) Moderate (8) High (10)
Rare 1 Low (1) Low (2) Low (3) Low (4) Moderate (5)
Shire of Carnamah Policy Manual – updated September 2021 Page 43 of 200 Risk Acceptance Criteria
Risk Rank Description Criteria Responsibility
Risk acceptable with adequate controls, managed by routine procedures and Supervisor / Team LOW Acceptable subject to annual monitoring Leader
Risk acceptable with adequate controls, managed by specific procedures and MODERATE Monitor Service Manager subject to semi-annual monitoring
Urgent Attention Risk acceptable with effective controls, managed by senior management / executive Executive Leadership HIGH Required and subject to monthly monitoring Team
Risk only acceptable with effective controls and all treatment plans to be explored EXTREME Unacceptable and implemented where possible, managed by highest level of authority and subject CEO & Council to continuous monitoring
Existing Control Ratings Rating Foreseeable Description
• Processes (Controls) operating as intended and aligned to Policies / Effective There is little scope for improvement. Procedures. • Subject to ongoing monitoring. • Reviewed and tested regularly.
• Processes (Controls) generally operating as intended, however inadequacies Adequate There is some scope for improvement. exist. • Limited monitoring. • Reviewed and tested, but not regularly.
• Processes (Controls) not operating as intended. Inadequate There is a need for improvement or action. • Processes (Controls) do not exist, or are not being complied with. • Have not been reviewed or tested for some time.
Shire of Carnamah Policy Manual – updated September 2021 Page 44 of 200 POLICY 2.9 PROCESS FOR DEALING WITH TENDERS
2.9 PROCESS FOR DEALING WITH TENDERS
The Local Government Act 1995 requires the Shire of Carnamah to invite tenders for any goods or services which are expected to exceed $250,000 over the proposed contract term except in those circumstances allowed for in Part 4 of the Local Government (Functions and General) Regulations 1996.
Tender Management The Shire of Carnamah purchases must be made through a competitive process or by purchasing from a tender exempt organisation such as WALGA or the State Government via a Preferred Supply Contract or Common Use Arrangement (CUA) (which have been established using a compliant and competitive public process). Suppliers and Tenderers must be treated fairly and equitably at all times.
Sole Source of Supply (Monopoly Suppliers) The procurement of goods and/or services from only one private sector source of supply, (i.e. manufacturer, supplier or agency) is permitted without the need to call a competitive procurement process provided that the sole source is genuinely the only source of supply. Every endeavour to find alternative sources must be made. Written confirmation of this must be retained on file for later audit.
Note: The application of provision "sole source of supply" must only occur in limited circumstances and procurement experience indicates that generally more than one supplier is able to provide the requirements.
Anti-Avoidance The Shire of Carnamah must not enter two (2) or more contracts of a similar nature for the purpose of splitting the value of the contracts to take the value of consideration below the level of $250,000, thereby avoiding the need to publicly tender.
Tender Criteria Before Tenders are publicly invited the Shire will determine in writing the criteria for deciding which tender should be accepted.
The evaluation panel must be established prior to the advertising of a tender or inviting formal quotations and include a mix of skills and experience relevant to the nature of the purchase. It must comprise a minimum of 2 members (at least one Manager).
Advertising Tenders Tenders must be advertised in a State-wide publication e.g. “The West Australian” newspaper within the Local Government Tenders section on a Wednesday or Saturday.
Issuing Tender Documentation Tender documentation must not be made available by any means (counter, mail, internet, referral, or by other means) without a robust process in place which records the details of all parties requesting or acquiring the tender documentation.
Addendum to Tender If, after the tender has been publicly advertised, any changes, variations or adjustments to the tender document and/or the conditions of tender are required, the Shire of Carnamah may vary the initial information and provide each prospective tenderer who has obtained the tender documents, notice of the variation, change or adjustment.
Shire of Carnamah Policy Manual – updated September 2021 Page 45 of 200
Tender Deadline A tender that is not received in full in the required format by the advertised Tender Deadline must be rejected. The Tender Deadline must be nominated in the State-wide publication and be no less than 14 days after the publication issue date.
Opening of Tenders No tenders are to be removed from the tender box, or opened (read or evaluated) prior to the Tender Deadline.
Tenders are to be opened in the presence of the Chief Executive Officer’s delegated nominee and at least one other Shire officer. The details of all tenders received and opened will be recorded in the Tenders Register. Tenders are to be opened in accordance with the advertised time and place. There is no obligation to disclose or record tendered prices at the tender opening, and price information should be regarded as commercial-in-confidence. Members of the public are entitled to be present.
No Compliant Tenders Received If, within the last 6 months the Shire of Carnamah has invited tenders, however no submission was received that met the tender requirements, then the Shire may approach the market direct on the following basis:
• a sufficient number of quotations are obtained; • the requirements and the specification for goods and/or services remains unchanged; • purchasing is arranged within 6 months of the closing date of the lapsed tender, and; • it is satisfied with the value for money assessment. Where the Shire has publicly invited tenders and no tender was submitted that met the tender specifications, the Shire can approach a supplier if they can deliver the scope included in the tender within budget.
Tender Evaluation Tenders that have not been rejected must be assessed by the Shire of Carnamah by means of a written evaluation against the pre-determined criteria and determine which tender is most advantageous.
Tender Evaluation Panel Members Tender evaluation panel members acknowledge and accept that:
• Any actual or perceived conflicts of interest are to be disclosed and the panel member is removed from the tender panel.
• A declaration be signed by panel members stating that to their knowledge they have no interest and / or are not related in any way to the parties submitting tenders. This must be attached to the tender documentation that is kept at the Shire.
Awarding of Tenders All procurements over the tender threshold as per policy 2.8 are to be the subject of an confidential agenda item to Council for awarding to the successful tenderer.
Minor Variation If after the tender has been publicly advertised and a successful tenderer has been chosen but before the Shire of Carnamah and tenderer have entered into a Contract, a minor variation may be approved by the Chief Executive Officer.
Shire of Carnamah Policy Manual – updated September 2021 Page 46 of 200 A minor variation is defined as follows:
Does not alter the nature of the goods and/or services procured;
Does not materially alter the specification or structure provided for by the initial tender; and
Is less than 10% of the original contract price.
A contract cannot be varied outside the above definition.
If the chosen tenderer is unable or unwilling to enter into a contract to supply the varied requirement then the Shire may, instead of inviting tenders again, enter into a contract with the next most suitable tenderer providing the tender report recommendation allows for the tender to be awarded to the next most advantageous tenderer or an additional report is presented to Council or the Chief Executive Officer (under Chief Executive Officer delegation) to award the tender to the next most advantageous tenderer.
Notification of Outcome Each Tenderer must be notified of the outcome of the tender following Council Resolution or exercised appropriate delegated authority. Notification will include:
• The name of the successful Tenderer; • The value of consideration of the winning offer; or • A summary of the schedule of rates of the winning offer.
The details and value of consideration or summary of the schedule of rates for the winning offer must also be entered into the Tenders Register at the conclusion of the tender process.
Tenderers Debriefing Tenderers may request a debriefing of their tender submission and must be provided with general information in relation to their submission’s strengths and weaknesses. Copies of internal tender assessment documentation will not be provided.
Canvassing of Councillors Tenderers will not have the opportunity to lobby individual Elected Members or the Council as a whole either prior to or during a Council meeting to influence their decision in accordance with the Conditions of Tender. Any attempt by a tenderer to do so will disqualify them from the tender process.
Delegation of Authority Refer to Delegation 1.8 Tenders for Goods and Services to view the limits and conditions on Council’s delegation to the CEO.
Contract Variation, Applications & Extension Options Variation applications for multiple year contracts and extension options (if applicable) may be executed in accordance with the awarded contract terms and conditions and in accordance with the requirements of this Policy.
Note: Extension options will only be included in tender/contract documents under exceptional circumstance. The tender issue document will detail the price mechanism that will apply to determine the total cost for the entire contract period, including extension options.
Shire of Carnamah Policy Manual – updated September 2021 Page 47 of 200 Variation after Contract Commencement A request for a variation outside the original terms and conditions and price variation mechanism during the contract term must be approved by the Chief Executive Officer or Council under the appropriate delegation and must not exceed the following requirements:
1. Does not alter the nature of the goods and/or services procured;
2. Does not materially alter the specification or structure provided for by the initial tender; and
3. Is less than 10% of the contract price.
For additional works not outlined in the contract that could result in a variation to the existing contract due to unforeseen circumstances can be tendered for those particular works.
MINUTE NO: 20160216 Policy Adopted: 17 February 2016 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018 MINUTE NO 20210208 Policy Amended: 17/ March 2021
Shire of Carnamah Policy Manual – updated September 2021 Page 48 of 200
POLICY 2.10 PROPOSALS REQUIRING SHIRE FUNDING AND/OR IN-KIND SUPPORT
2.10 PROPOSALS REQUIRING SHIRE FUNDING AND/OR IN-KIND SUPPORT
Proposals submitted by organisations, which require Shire funding and/or in kind support, will only be considered by Council if they are supported by;
1. Overview and justification for the proposal; 2. Copies of minutes clearly demonstrating (minuted) support for the proposal/s by a majority of members of the organisation; 3. Indicative costing of the proposal/s in question; 4. Proposed cost sharing arrangement between the organisations, the Shire and grant funding bodies; and 5. Indicative timelines for the proposal/s in question.
MINUTE NO: 20160217 Policy Adopted: 17 February 2016 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 49 of 200 POLICY 2.11 SOCIAL MEDIA SERVICES POLICY
2.11 SOCIAL MEDIA SERVICES
PREAMBLE
Social Media are online services and tools used for publishing, sharing and discussing information. These can include: • Social networking – e.g. Facebook, LinkedIn; • Video and photo sharing – e.g. Flickr, YouTube; • Blogs – e.g. corporate blogs, personal blogs or media blogs; • Micro blogs – e.g. Twitter; • Forums and discussion boards – e.g. Reddit, Whirlpool, Yahoo! Groups; • Online encyclopedias’ – e.g. Wikipedia. The Shire of Carnamah uses social media to help it engage with the community and other key stakeholders.
POLICY
Purpose of the Policy Social media is changing the way we communicate. This policy provides practical guidance allowing all parties to benefit from the use of social media, while minimising potential risks and protecting those involved. This policy contains guidelines for the Shire to engage in social media use. It also includes details of breaches of the policy. This policy applies to all persons who are involved with the activities of the Shire.
Application of the Policy Social media refers to any online tools or functions that allow people to communicate and/or share content via the internet. This policy is applicable when using social media as: an officially designated individual representing the Shire on social media; and if you are posting content on social media in relation to the Shire that might affect the Shire’s name, business, services, events, Elected Members, Management or Officers reputation. Using social media in an official capacity: You must be authorised by President or the CEO as appropriate to the powers of delegation before engaging in social media as a representative of the Shire. To become authorised to represent the Shire in an official capacity, you must demonstrate that you have reviewed the education resources at https://esafety.gov.au/. As a part of the Shire’s personnel you are an extension of the Shire brand. As such, the boundaries between when you are representing yourself and when you are representing the Shire can often be blurred. it is important that you always represent both yourself, and the Shire appropriately online. Guidelines You must adhere to the following guidelines when using social media related to the Shire: Use common sense Whenever you are unsure as to whether the content you wish to share is appropriate, seek advice from others before doing so or refrain from sharing the content to be on the safe side. Protecting your privacy Be smart about protecting yourself and your privacy. Refrain from posting any content online that you would not be happy for anyone to see, even if you feel confident that an individual would never see it. Where possible, privacy settings on social media platforms should be set to limit access. You should also be cautious about disclosing your personal details. Honesty Do not say anything that is dishonest, untrue or misleading. If you are unsure, check the source and the facts before uploading or posting anything – if in doubt, do not post or upload. Do not post anonymously, using pseudonyms or false screen names. Be transparent and honest. Use
Shire of Carnamah Policy Manual – updated March 2021 Page 50 of 200 your real name, be clear about who you are and identify any affiliations you have. If you have a vested interest in something you are discussing, point it out. If you make an endorsement or recommendation about something you are affiliated with, or have a close relationship with, you must disclose that affiliation.
The web is not anonymous. You should assume that all information posted online can be traced back to you. You are accountable for your actions both on and offline, including the information you post via your personal social media accounts. Use of disclaimers Wherever practical, include a prominent disclaimer stating who you work for or are affiliated with (e.g. member of
Shire of Carnamah Policy Manual – updated March 2021 Page 51 of 200 discredit or belittle that party. Dealing with mistakes If the Shire makes an error while posting on social media, be up front about the mistake and address it quickly. If you choose to modify an earlier post, make it clear that you have done so. If someone accuses the Shire of posting something improper (such as their copyrighted material or a defamatory comment about them), address it promptly and appropriately and if necessary, seek legal advice. Conscientious behaviour and awareness of the consequences Keep in mind that what you write is your responsibility, and failure to abide by these guidelines could put your employment at risk. You should always follow the terms and conditions for any third-party sites in which you participate. Branding and intellectual property of the Shire You must not use any of the Shire’s intellectual property or imagery on your personal social media site trademarks logos slogans imagery which has been posted on the Shire official social media sites or website. You must not create either an official or unofficial Shire presence using the organisation’s trademarks or name without prior approval from the Shire. You must not imply that you are authorised to speak on behalf of the Shire unless you have been given official authorisation to do so by the CEO or the President. Where permission has been granted to create or administer an official Shire social media presence you must adhere to the Shire Branding Guidelines. Policy breaches Breaches of this policy include but are not limited to: Using the Shire’s name, motto, crest and/or logo in a way that would result in a negative impact for the organisation, clubs and/or its members. Posting or sharing any content that is abusive, harassing, threatening, demeaning, defamatory or libellous. Posting or sharing any content that includes insulting, obscene, offensive, provocative or hateful language. Posting or sharing any content in breach of the Shire’s anti-discrimination, racial discrimination, sexual harassment or other similar policy. Posting or sharing any content that is a breach of any state or Commonwealth law. Posting or sharing any material to our social media channels that infringes the intellectual property rights of others. Posting or sharing material that brings, or risks bringing the Shire, its affiliates, Elected Members or Officers into disrepute. In this context, bringing a person or organisation into disrepute is to lower the reputation of that person or organisation in the eyes of the ordinary members of the public. Reporting a breach If you notice inappropriate or unlawful content online relating to the Shire or any of its Elected Members or Officers, or content that may otherwise have been published in breach of this policy, you should report the circumstances immediately to the CEO or President as appropriate. For a complaint about the misuse of social media that is general in nature, and/or ongoing or personal refer to the Shire’s Grievance Policy Process. Investigation Alleged breaches of this social media policy may be investigated according to relevant policies or regulations. Where it is considered necessary, the Shire may report a breach of this social media policy to police. Disciplinary process, consequences and appeals Depending on the circumstances breaches of this policy may be dealt with in accordance with the disciplinary procedures of the Shire. Employees who breach this policy may face disciplinary action up to and including termination of employment in accordance with the disciplinary procedures of the Shire.
Shire of Carnamah Policy Manual – updated March 2021 Page 52 of 200 Appeals Any person who is sanctioned under a disciplinary process for breach of this policy may have a right of appeal. Other legal considerations that may be applicable include but are not limited to: Defamation Intellectual property laws, including copyright and trademarks; laws, privacy, confidentiality, and information security laws Anti-discrimination laws Employment and equal opportunity laws Advertising standards Charter of Human Rights and Responsibilities Act 2006 Information Privacy Act 2000
Further Information This policy is to be read in conjunction with the Shire’s Employee Social Media Guide.
MINUTE NO: 20180606 Policy Adopted: 20 June 2018 MINUTE NO: 20210916 Policy Adopted: 15 September 2021
Shire of Carnamah Policy Manual – updated March 2021 Page 53 of 200 POLICY 2.12 RELATED PARTY DISCLOSURES
2.12 RELATED PARTY DISCLOSURES
PREAMBLE In July 2015, the scope of AASB 124 “Related Party Disclosure’s was extended to include application by not-for-profit entities, including local governments. The operative date for Local Government is 1 July 2016, with the first disclosures to be made in the Financial Statements for year ended 30 June 2017. This procedure outlines required mechanisms to meet the disclosure requirements of AASB 124.
The objective of the standard is to ensure that an entity’s financial statements contain disclosures necessary to draw attention to the possibility that its financial position and profit or loss may have been affected by the existence of related parties and transactions.
POLICY
The purpose of this policy is to define the parameters for Related Party Transactions and the level of disclosure and reporting required for Council to achieve compliance with the Australian Accounting Standard AASB 124 - Related Party Disclosures.
The disclosure requirements apply to the existence of relationships regardless of whether a transaction has occurred or not. For each financial year, the Shire must make an informed judgement as to who is considered to be a related party and what transactions need to be considered, when determining if disclosure is required.
The purpose of this procedure is to stipulate the information to be requested from related parties to enable an informed judgement to be made.
1. Identification of Related Parties AASB 124 provides that the Shire will be required to disclose in its Annual Financial reports, related party relationships, transactions and outstanding balances.
Related parties includes a person who has significant influence over the reporting entity, a member of the key management personnel (KMP) of the entity, or a close family member of that person who may be expected to influence that person.
KMP are defined as persons having authority and responsibility for planning, directing and controlling the activities of the entity, directly or indirectly. For the purposes of determining the application of the standard, the Shire has identified the following persons as meeting the definition of Related Party: • An elected Council member; • Key management personnel being a person employed under section 5.36 of the Local Government Act 1995 in the capacity of Chief Executive Officer or designated senior employee; • Close members of the family of any person listed above, including that person’s child, spouse or domestic partner, children of a spouse or domestic partner, dependents of that person or person’s spouse or domestic partner; • Entities that are controlled or jointly controlled by a Council member, KMP or their close family members. (Entities include companies, trusts, joint ventures, partnerships and non-profit associations such as sporting clubs).
The Shire will therefore be required to assess all transactions made with these persons or entities.
Shire of Carnamah Policy Manual – updated March 2021 Page 54 of 200
2. Identification of related party transactions A related party transaction is a transfer of resources, services or obligations between the Shire (reporting entity) and the related party, regardless of whether a price is charged. For the purposes of determining whether a related party transaction has occurred, the following transactions or provision of services have been identified as meeting this criteria: • Paying rates • Fines • Use of Shire owned facilities such as [Recreation Centre, Civic Centre, library, parks, ovals and other public open spaces (whether charged a fee or not)] • Attending council functions that are open to the public • Employee compensation whether it is for KMP or close family members of KMP • Application fees paid to the Shire for licences, approvals or permits • Lease agreements for housing rental (whether for a Shire owned property or property sub-leased by the Shire through a Real Estate Agent) • Lease agreements for commercial properties • Monetary and non-monetary transactions between the Shire and any business or associated entity owned or controlled by the related party (including family) in exchange for goods and/or services provided by/to the Shire (trading arrangement) • Sale or purchase of any property owned by the Shire, to a person identified above. • Sale or purchase of any property owned by a person identified above, to the Shire • Loan Arrangements • Contracts and agreements for construction, consultancy or services
Some of the transactions listed above, occur on terms and conditions no different to those applying to the general public and have been provided in the course of delivering public service objectives. These transactions are those that an ordinary citizen would undertake with council and are referred to as an “Oridnary Citizen Transaction” (OCT). Where the Shire can determine that an OCT was provided at arms-length, and in similar terms and conditions to other members of the public and, that the nature of the transaction is immaterial, no disclosure in the annual financial report will be required.
3. Disclosure Requirements For the purposes of determining relevant transactions in point 2 above, elected Council members and key management personnel as identified above, will be required to complete a Related Party Disclosures - Declaration form for submission to financial services. Ordinary Citizen Transactions (OCTs) Management will put forward a draft resolution to Council annually, declaring that in its opinion, based on the facts and circumstances, the following OCT that are provided on terms and conditions no different to those applying to the general public and which have been provided in the course of delivering public service objectives, are unlikely to influence the decisions that users of the Council’s financial statements make. As such no disclosure in the quarterly Related Party Disclosures - Declaration form will be required.
• Paying rates • Fines • Use of Shire owned facilities such as Recreation Centre, Civic Centre, library, parks, ovals and other public open spaces (whether charged a fee or not) • Attending council functions that are open to the public
Where these services were not provided at arms-length and under the same terms and conditions applying to the general public, elected Council members and KMP will be required to make a declaration in the Related Party Disclosures - Declaration form about the nature of any discount or special terms received.
Shire of Carnamah Policy Manual – updated March 2021 Page 55 of 200 All other transactions For all other transactions listed in point 2 above, elected Council members and KMP will be required to make a declaration in the Related Party Disclosures - Declaration form.
Frequency of disclosures Elected Council members and KMP will be required to complete a Related Party Disclosures - Declaration form each quarter.
Disclosures must be made by all Councillors immediately prior to any ordinary or extraordinary election.
Disclosures must be made immediately prior to the termination of employment of/by a KMP.
Confidentiality All information contained in a disclosure return, will be treated in confidence. Generally, related party disclosures in the annual financial reports are reported in aggregate and as such, individuals are not specifically identified. Notwithstanding, management is required to exercise judgement in determining the level of detail to be disclosed based on the nature of a transaction or collective transactions and materiality. Individuals may be specifically identified, if the disclosure requirements of AASB 124 so demands.
4. Materiality Management will apply professional judgement to assess the materiality of transactions disclosed by related parties and their subsequent inclusion in the financial statements.
In assessing materiality, management will consider both the size and nature of the transaction, individually and collectively.
As a guide, materiality will be similar to the current purchasing requirements for Purchase Orders, being $1,000.
Associated Regulatory Framework AASB 124 Related Party Disclosures Local Government Act 1995 Local Government (Financial Management) Regulations 1996
Further Information Related Party Disclosures - Declaration form
MINUTE NO: 20180606 Policy Adopted: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 56 of 200 POLICY 2.13 VEXATIOUS CUSTOMERS
2.13 VEXATIOUS CUSTOMERS Preamble The Shire of Carnamah has a responsibility to maintain a safe working environment for all staff and customers. This safety is paramount. This policy and accompanying procedure (in conjunction with relevant training supplied to employees) will aid in; • Identifying vexatious customers • Identify how and when to terminate their visit or call • Empower relevant employees to carry out the above
Policy A member of the public has the right to attend, or telephone, council premises to conduct “normal business” with its employees. A person forfeits that right if they:
• Become abusive or rude • Are disruptive to other users of the premises • Behave in a disorderly fashion • Are otherwise offensive or harassing another person (refer to Policy 9.8)
After conducting their normal business it may emerge that our staff can no longer assist a member of the public (e.g. they make an unreasonable request).
In this case, a person can be informed that council staff can no longer assist them with the matter and if they have no further business, they can be asked to leave the premises.
If the situation happens offsite, they can be asked to desist from the behaviour.
Failure to comply may bring a response from police who will escort the person off the property and instruct them not to return that day. Other actions may be taken for re offenders. Council has a duty of care to its employees and customers.
This duty of care is considered derelict if council allows either employees or customers to be subject to threatening or abusive behaviour.
MINUTE NO: 20180606 Policy Adopted: 18 May 2018 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 57 of 200 Procedure Response to Vexatious Customer An employee should be satisfied that the customer is actually being vexatious, such as making unreasonable demands, being abusive, harassing, threatening or disruptive. If there is any doubt a more senior member of staff should be consulted. If the employee has concluded their normal business with the customer (in line with council policy and the Act) and the customer is asked if they have any further normal business and the customer is being vexatious, for example making unreasonable demands, being abusive, harassing, threatening or disruptive. The employee should; • Back away • Keep their distance • Remain calm and non - confrontational • Inform the person their behaviour is unacceptable and • Instruct the person to leave the premises (if applicable) If the person does not leave as requested, excuse yourself and say you will just get another person to assist – if a senior officer is not available to assist, inform the customer that the police will be called. If this situation arises the employee should; • Remember as much about the person as possible, so as to inform the police • Raise the alarm as soon as you can and inform your manager / supervisor of the incident • Call the Carnamah Police Station on Phone:(08) 9951 1222 • If the situation becomes an emergency call triple zero - ‘000’. It is not normal practice for the police to arrest a vexatious customer on the first occasion; however they do sometimes remove them from the premises and dependant on the situation, and sometimes take them into custody. When police assistance is regularly sought to remove the same customer for abusive or offensive behaviour other actions may occur; • Police may arrest and charge the person • Police may recommend civil action • Council may take civil action The customer may be contacted in writing under the CEO’s signature informing them that their disruptive or abusive behaviour towards staff will not be tolerated. The reasons are to be outlined in a formal letter. They should be given a right of reply conducted by a senior staff member. This may be conducted via email or in person with minutes taken. The outcome of that meeting will be provided to both parties with the understanding of what is acceptable behaviour. The staff member concerned will be offered EAP / counselling and followed up by their manager/supervisor to ensure their wellbeing.
Summary Each occurrence should be judged on its merits to ensure legitimate difficult dealings are not misinterpreted as vexatious. All unclear situations should be referred to the relevant manger / supervisor. The checklist below is available to assist staff in the required procedures when dealing with possible vexatious customers.
All incidents of aggressive behaviour are to be reported to the employees’ supervisors through completion of an incident report form and to the OSH committee for referral.
Shire of Carnamah Policy Manual – updated September 2021 Page 58 of 200
Checklist
Vexatious Customer Procedure
1. Assess the risk
• Keep at least an arm’s length away from customers
• Remember as much about the person as possible, so as to inform the police
• If applicable stay behind customer service counters
• Check to ensure the area set up so that an exit is within reach
• Excuse yourself, on the pretense of getting a senior person.
• Raise the alarm, this may be an internal call to a senior managers office to alert them of problems at the customer service counter – or ringing the police;
Carnamah Police Station Phone: (08) 9951 1222 Emergency please call triple zero - ‘000’.
2. If outdoors
• Be aware of exit points and safe places to move to.
• Ensure you have the emergency number to call on direct dial
• Contact your supervisor
3. Make a record
• As soon as possible make a written record of the incident note the time and date.
• Retain this for future reference if need be.
Shire of Carnamah Policy Manual – updated March 2021 Page 59 of 200 POLICY 2.14 TRADING IN PUBLIC PLACES FOR FOOD VENDORS
2.14 TRADING IN PUBLIC PLACES FOR FOOD VENDORS
Preamble:
This policy provides a framework and guidance for the assessment of and issuing of permits for traders and stallholders offering food for sale in accordance with the Shire of Carnamah “Public Places and Local Government Property Local Law 2013”.
(Note: It does not address traders of other goods, which are dealt with under the Shire’s “Public Places and Local Government Property Local Law 2013”.)
Objective:
The objectives of this policy are to:
1. Provide the Council with a consistent framework to regulate the location of stallholders and traders offering food or food related goods and services for sale in public places within the Shire of Carnamah.
2. Encourage a high standard of service delivery to the local community and visitors whilst supporting local economic development, commercial viability, public safety and taking account of existing permanent businesses.
Definitions:
Definitions relevant to this policy are in accordance with the applicable legislation:
Food As defined by ‘Section 9 of the Food Act, 2008’. Food Business As defined by ‘Section 10 of the Food Act, 2008’. Food Registration Means a food business approved in accordance with ‘sections 107 and 110 of the Food Act, 2008.’ Public Place As defined under the Shire of Carnamah Public Places and Local Government Property Local Law 2013: public place means — a) a thoroughfare; b) any local government property; or c) a place to which the public have access Stall Means a movable or temporarily fixed structure, stand or table, in or on from which trading is conducted. Trading Displaying food in any public place for the purpose of: offering for sale; inviting offers for sale; soliciting orders for food; or carrying out any other transaction in relation to food.
Policy Statement:
This policy applies to all applications for a Stallholder’s Permit and Trader’s Permit offering food for sale in a public place pursuant to the Shire’s “Public Places and Local Government Property Local Law 2013”.
This policy is not applicable to:
• An event or trading authorised by the local government under another written law or agreement; or
Shire of Carnamah Policy Manual – updated March 2021 Page 60 of 200 • A person trading in a market or event authorised by the local government.
Traders and Stallholder Permits
The following types of permits are available for food vendors seeking to trade in a public place:
• Traders and Stallholders Permit A permit for up to 12 months at a location that may be determined by Council (or by Delegation) or is otherwise prescribed in this Policy. • Mobile Trader’s Permit A permit for up to 12 months to trade as a mobile itinerant food vendors at locations that may be predetermined or may change (be mobile).
The following conditions are applicable to all Traders and Stallholder permits:-
Trading time and duration Trading times and duration in any approved location will be set by Council (or by Delegation), having regard to the operating times of permanent businesses offering the same or similar goods or services within 200 metres of the proposed activity.
Where the nature or type of the food for sale is provided by a business operating from a commercial premises within the townsite, the trading can only occur outside of the usual operating hours of that permanent business. In any case, without Council approval, the trading hours will be restricted to between 0800hrs and 2000hrs each day.
An application for full Council consideration will be required for any trader seeking to operate outside those hours.
Itinerant (mobile) food vendors will be permitted to only operate during daylight hours.
Trading Locations Within the Carnamah Townsite – in an area prescribed on the map included in this Policy entitled “Trading Location”.
Within any other townsite in the Shire – in an area or on a site determined by Council (or by Delegation) on a case by case consideration.
On any reserve or unallocated private land – with the provision of signed authority of the registered landowner.
Trading on Main Roads Application to trade on the road reserve of any Main Road requires the prior written approval of Main Roads WA.
Public Liability Insurance An application for a food vendor permit must include evidence of having a Public Liability Insurance for a minimum of $10 million before an application may be considered. The insurance must be able to meet any possible claim which may be sustained against the licensee in relation to the death or injury to any person, or damage to any property arising from the proposed trading activity. The Shire of Carnamah is to be fully indemnified in that insurance against any claim as a result of the operation of any Trader or Stallholder.
Traders and Stallholders Permits including Mobile Traders
Applications for trading can be considered by Council for the issue of permits (or dealt with by
Shire of Carnamah Policy Manual – updated March 2021 Page 61 of 200 Delegation) in accordance with Shire of Carnamah “Public Places and Local Government Property Local Law 2013” in accordance with the pre-determined conditions set out in this Policy.
Applications for trading inside the townsites but outside the designated locations described in this Policy, will not be considered aside from special events approved by Council, such as festivals or markets.
Standard Terms and Conditions for Approval of Food Traders Permits in Public Places Incorporating Traders and Stallholder Permits and Mobile Traders Permits.
The standard terms and conditions for the issuing of permits include, but are not limited to the following:
• A Traders and Stallholders Permit, including any Mobile Traders Permit, is granted for a period of up to 12 months from the approval date; • For Mobile Traders only, permits issued will be conditional on the Permit Holder not operating within 200 metres of any permanent or established business open for business and offering the same food types for sale, except where approved at specific events and; • Signage must meet the requirements stipulated in the Shire of Carnamah “Public Places and Local Government Property Local Law 2013”.
Safety and Other Considerations Safety and other considerations to be included in the assessment of the proposed food vendor trading activities include the following: • The trader or stallholder and associated activities should not interfere or obstruct Council’s infrastructure or maintenance activities; • The storage of any container, vehicle or structure containing goods on any part of a thoroughfare so as to obstruct the movement of pedestrians or vehicles is not permitted; • Display stands or any equipment related to the permit are to be maintained to a high standard as assessed by local government; • All Traders and Stallholders must ensure that approved area is free of debris or litter; • Mobile food vehicles must be self-contained with an independent provision of electricity, potable water, and waste water collection; and • A food vendor will be required to offer a high standard of service delivery and must not create an unacceptable risk to public health or safety, property or infrastructure or the environment and will not be permitted to park in a public area, reserve, facility or space if the above requirements are not complied with to the satisfaction of the Shire, regardless of whether a permit has been issued.
Revocation of Permits and Enforcement As per Council’s “Public Places and Local Government Property Local Law 2013”, permits may be revoked on grounds that the permit holder: • has committed a breach of the terms and conditions of the permit; • is not conducting the business in a respectable or sober manner; • has assigned the permit or the business is not operated by the permit holder; • is not carrying on the business for which the permit was granted; and/or • has breached any of the provisions of the Shire of Carnamah “Public Places and Local Government Property Local Law 2013”.
In the event that any permit condition or the Shire of Carnamah “Public Places and Local Government Property Local Law 2013” is breached, compliance action may be taken in accordance with the relevant conditions or provisions.
Trading Location
Shire of Carnamah Policy Manual – updated March 2021 Page 62 of 200
MINUTE NO: 20191008 Policy Adopted: 16 October 2019
Shire of Carnamah Policy Manual – updated March 2021 Page 63 of 200 POLICY 2.15 PROCESSING OF INWARD CORRESPONDENCE FOR THE SHIRE PRESIDENT AND COUNCILLORS
2.15 PROCESSING OF INWARD CORRESPONDENCE FOR THE SHIRE PRESIDENT AND COUNCILLORS
POLICY
1. All inward correspondence received at the Shire of Carnamah office addressed to the Shire President or Councillors shall remain unopened until such time as the addressee collects and opens the articles. Information will then be appropriately disseminated to administrative staff and the author/s can be accordingly responded to.
2. All articles (created or received) which are deemed to be a record must then be passed to the Shire of Carnamah Records Administration Officer to be duly registered and recorded in accordance with the State Records Commission policy regarding the records of local government elected members.
MINUTE NO: 20191213 Policy Adopted: 18 December 2019
Shire of Carnamah Policy Manual – updated March 2021 Page 64 of 200
POLICY 2.16 DISPOSAL OF PROPERTY
2.16 DISPOSAL OF PROPERTY
OBJECTIVE
• To establish protocols for the disposal of assets owned or managed by the Shire of Carnamah in accordance with the requirements of Section 3.58 of the Local Government Act 1995 (the Act)and Regulation 30 of the Local Government (Functions and General) Regulations 1996; • To achieve the best possible financial, environmental and community outcomes when disposing of the Shire’s assets; and • To ensure that transparency and accountability is achieved in the disposal of the Shire’s assets.
DEFINITION
Section 3.58(1) of the Local Government Act 1995 defines dispose as “includes to sell, lease, or otherwise dispose of, whether absolutely or not”.
EXCEPTIONS TO REQUIREMENTS OF SECTION 3.58
Regulation 30 of the Local Government (Functions and General) Regulations 1996 lists dispositions that are exempt from the requirements of Section 3.58 of the Act. Before making a decision on whether to dispose (sell or lease) of an asset, it is important to check the list in Reg. 30 to determine if the potential disposition is exempt.
AUTHORITY TO DISPOSE OF PROPERTY
Decisions on the disposal of property (assets) may only be made in accordance with Delegated Authority as detailed in the Shire’s Delegated Authority Register, or by resolution of Council.
METHOD OF DISPOSAL
Section 3.58 of the Act allows for a number of different methods of disposal: • Public Tender; • Auction; or • Private Treaty.
MINUTE NO: OCM20210206 Policy Adopted: 17 February 2021
Shire of Carnamah Policy Manual – updated March 2021 Page 65 of 200 3. LAW, ORDER, PUBLIC SAFETY
POLICY 3.1 BUSH FIRES
3.1 BUSH FIRES
POLICY
It shall be the policy of the Council of the Shire of Carnamah to establish and maintain a Bush Fire organisation in accordance with Part IV of the Bush Fires Act 1954 in order to provide adequate fire protection of those areas of the municipality within the Bush Fire District and to carry out an ongoing programme of hazard reduction having due regard at all times for the preservation of the natural environment.
1. BUSH FIRE CONTROL
1.1 Roadside Burning and Firebreaks
Council may approve applications to carry out controlled burning on roadways under its control. Signs indicating "Roadside Burning Ahead" are to be erected at both ends of the controlled burn. All roadside burns are to be under the direct responsibility of the Bush Fire Brigade or Fire Control Officer in the area. Approval to burn on the Brand Highway, the Midlands Road, or the Eneabba Coolimba and Coast Roads, may only be given after first obtaining the consent of the Main Roads Department and the Council.
Where roadside burning is permitted to control the incursion of grasses, the native vegetation will first be misted with water to ensure a cold burn. The following germination of subsequent grasses chemical control will be undertaken in accordance with Policy 11.5.
The construction of firebreaks on road verges and road reserves under the Council's care control and management is expressly banned.
1.2 Camping and Cooking Fires The lighting of camping and cooking fires within the Shire of Carnamah has been expressly banned by Council during the prohibited burning period.
Similarly, open camping and cooking fires are prohibited at all times within the Lake Indoon Reserve.
1.3 Harvesting Harvesting is prohibited by Council on Christmas Day, Boxing Day and New Year's Day.
1.4 Prohibited and Restricted Burning Times Restricted Burning Period - the restricted burning period within the Shire of Carnamah is 17th September to the following 15th March exclusive of the Prohibited Burning Period.
The prohibited burning period within the Shire of Carnamah is: 15th October to 14th February
Variations to either prohibited or restricted burning times or conditions may be authorised by the Chief Fire Control Officer and the Shire President. Such variations are to be publicised in accordance with the provision of the Bush Fires Act.
1.5 Firebreaks
Shire of Carnamah Policy Manual – updated September 2021 Page 66 of 200 The Chief Executive Officer is authorised to approve or reject applications from landowners for unreasonable extensions of time in which firebreaks are to be provided and to approve or reject requests for the provision of firebreaks in alternative positions or by alternative methods. The Chief Fire Control Officer or relevant area Fire Control Officer is to be consulted where necessary.
1.6 Hazard Reduction Operations All hazard reduction operations undertaken by a Bush Fire Brigade shall be authorised by the Shire.
1.7 Fire Protection Instructions for Cutting, Welding and Grinding of Rail - Midland and Eneabba Rail Lines During Prohibited and Restricted Burning periods, the following instructions and procedures must be observed where cutting, welding or grinding or rail is carried out on the Perth-Geraldton and Eneabba- Dongara rail lines: • Provide operators trained to Bush Fires Board minimum standard in fire control to be on site when cutting, welding and grinding operations are carried out. A local fire brigade may be engaged to carry out this function if required. • All vegetation to be cleared around work area for a distance of at least two metres with a further three metres to be wet down and be maintained in a damp condition during cutting, welding and grinding operations. • Erect a protective screen to reduce spark emission, at least 1.2m high around operational area and having a skirt which touches the ground. • Direct phone contact to be made via Train Control with the Shire of Carnamah on days of Very High and Extreme Fire Danger so that arrangements can be put in place to allow for operations to continue. • On Very High and Extreme Fire Weather advise the Shire of Carnamah of proposed operations, after 0700 hours on 08 9951 7000. Information required: Operational Area kilometre peg Time of operation Type of operation • Extreme precautions to be taken on emergency track repair operations with minimum four- man team. Team to have the following fully serviceable equipment available on site for fire fighting: i. Rake Hoes ii. Knapsacks filled to capacity with water iii. Protective clothing available for team members to wear in assisting in the event of fire iv. Minimum 400 litres of water, 5 hp motor and 30 metres hose. • To limit any threat of fire from operations by cutting, welding and grinding, it is preferred that work be carried out in the early morning.
2. VEHICLES 2.1 The Shire shall provide and maintain fire fighting appliances and equipment pursuant to the powers conferred under Section 36 of the Bush Fires Act 1954. 2.2 Maintenance and repair of all Shire-owned appliances and equipment will be the responsibility of the Shire and all maintenance or repairs will be carried out with the knowledge and consent of the Chief Executive Officer. 2.3 All replacement parts or equipment will be purchased on an official Shire Purchase Order. 2.4 The Brigade Captains will submit reports of damage to Shire appliances or equipment to the Shire's mechanic as soon as practicable after such damage has occurred. 2.5. The driver of a Shire fire fighting appliance shall be responsible for bringing to the attention of the Brigade Captain and the Shire, any defects in the tyres, brakes or other components of that appliance. 2.6. The Brigade Captain will be responsible for: a. ensuring that the Brigade appliances are serviced and checked at least on an annual basis by
Shire of Carnamah Policy Manual – updated March 2021 Page 67 of 200 an approved mechanic; and b. ensuring that the battery, tyres, water, oil and fuel of the Shire's fire fighting appliances are checked regularly. 2.7. Fire fighting appliances allocated to Volunteer Bush Fire Brigades will be stationed at the Brigade Headquarters or other locations nominated in writing by the Brigade and agreed to by the Council. 2.8. No fire-fighting appliance shall be relocated from the Brigade Headquarters or other nominated location by any person without the Brigade Captain or another Officer of the Brigade being advised either verbally or in writing of the intended location of the appliance. 2.9 The Brigade Captain will at all times keep the Shire informed of any changes in the day to day location and operational status of the brigade's appliances. 2.10 The driver of any Shire fire-fighting appliance will hold a current driver's licence appropriate for the appliance being driven and be either: a. a Council employee; b. a registered member of the Volunteer Bush Fire Brigade; or c. any person authorised by the Chief Executive Officer (and the Deputy Chief Executive Officer in the CEO’s absence), Manager of Works and Services or Fire Control Officer. 2.11 The driver of a Shire fire fighting appliance shall at all times observe the provisions of the Road Traffic Code, in particular those sections applying to emergency vehicles.
3. EQUIPMENT AND TOOLS Each fire unit shall be supplied with such equipment and tools as deemed necessary to fulfil and maintain its role and function.
4. SAFETY CLOTHING AND FOOTWEAR The Shire will encourage fire fighters to wear protective clothing as recommended by FESA.
5. FOOD AND DRINK The Shire will arrange a supply of food and drink for emergency sustenance of Volunteer Bush Fire Brigade personnel at scenes of major district fire emergencies.
6. COMMUNICATIONS
6.1 An efficient two-way radio network will be established for fire fighting communications. 6.2 Each Brigade unit will be fitted with appropriate radios.
7. INSURANCE The Shire will obtain and keep current a Policy of Insurance for fire fighters and equipment as provided pursuant to Section 37 of the Bush Fires Act 1954, such Policies being reviewed annually, covering personnel, equipment and vehicles whilst engaged on emergency duties such as fire fighting or prevention, training exercises, or other activities duly authorised by the Council.
8. HANDOVER OF CONTROL OF BUSH FIRES Where a bush fire is burning in the district of a local government the Authority may, at the request of the local government, authorise a DFES Area Manager to take control of all operations in relation to that fire.
MINUTE NO: 31158 Policy Amended: 17 November 2004 MINUTE NO: 364795 Policy Amended: 21 May 2014 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 68 of 200 POLICY 3.2 SAFETY AND HEALTH RELATING TO VOLUNTEER BUSH FIRE FIGHTERS
3.2 SAFETY AND HEALTH RELATING TO VOLUNTEER BUSH FIRE FIGHTERS
The Council of the Shire of Carnamah recognises the extremely valuable contribution that volunteer Fire Fighters make to the community.
It is the policy of Council to ensure that volunteer Fire Fighters are provided with safe working equipment, the safest work systems practicable and to minimise the frequency of accidents and injury.
Council recognises that both the Shire and volunteer Fire Fighters have a responsibility for safety and health.
COUNCIL RESPONSIBILITIES All practicable efforts will be made to: • instruct volunteer Fire Fighters in safe working practices. • ensure that brigade equipment is in safe working order. • encourage the use of a proper standard of protective clothing and equipment appropriate to the task. • ensure that volunteers have ready access to first aid facilities. • investigate accidents and potential safety and health risks and take appropriate remedial action. • provide a mechanism for joint Shire/Bush Fires Board/Volunteer consultation on safety matters; and • review the effectiveness of volunteer Fire Fighters training, safety and health policies as necessary.
VOLUNTEER RESPONSIBILITIES • to maintain an adequate standard of physical fitness; • to acquaint themselves with safe working procedures; • to identify safety and health hazards and report these to senior officers; • to observe safe working practices and avoid unnecessary risks and be responsible for their own safety. • to ensure they dress appropriately for fire fighting and make proper use of personal protective equipment whenever necessary, and when required to do so.
Council acknowledges that the occupational risks inherent in fire fighting and other emergency duties undertaken by volunteer Fire Fighters are significant and the possibility of serious injury is high. Strict adherence to safety guidelines and procedures in these circumstances is not always possible, however, it is the intention of Council to develop and implement safety and training policies to minimise the occurrence of injury to volunteer Fire Fighters both on the fire ground, and in the performance of all other duties.
MINUTE NO: 14886/14962 Policy Adopted: 19 April 1995 MINUTE NO: 364591 Policy Reviewed: 17 August 2011 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 69 of 200 POLICY 3.3 EMPLOYEE VOLUNTEER INPUT TO FIRE BRIGADES AND AMBULANCE SERVICES DURING WORKING HOURS
3.3 EMPLOYEE VOLUNTEER INPUT TO FIRE BRIGADES AND AMBULANCE SERVICES DURING WORKING HOURS
PREAMBLE Amongst other things, a Council may expend monies from its ordinary revenues on ambulance services and bush fire brigades. More often than not, some employees of a municipality are volunteer members of these emergency services. Consequently, from time to time, they may be called upon during ordinary working hours to respond to emergency call-outs. Council recognises that without volunteers, in country areas these important emergency services would not be delivered. It therefore considers that the community expects Shire employees, as much as any others, to have the opportunity to contribute their time to these services during as well as out of working hours.
POLICY Council will permit it's employees to leave their workplace to render voluntary emergency assistance to a fire brigade or ambulance service, and will reimburse the employee at his ordinary rate of pay for the time so absent subject to the following conditions:
1. The emergency service is a bona fide organisation, properly constituted for its function and the employee is a member of that organisation; 2. The employee is qualified to perform the functions being asked of him by the emergency service; 3. The employee recognises and acknowledges that upon leaving his workplace the Council's duty of care is suspended until such time as he returns to the workplace, and that whilst he is absent he is not afforded the protection of Council's employee indemnity insurance; 4. The Shire is indemnified against any claim which may arise by the employee out of his voluntary activities; 5. Payment of wages is only applicable for the ordinary hours of work during which the employee is absent; 6. The employee shall not leave his place of employment without notifying either the Manager of Works and Services or the Chief Executive Officer, of his impending time of departure and his time of return. 7. Any time spent away on voluntary emergency activities for which the employee's ordinary rate of pay has been applied, shall be charged out to the appropriate section of the Shire's accounts for such emergency service. 8. This policy does not apply to non-emergency ambulance transfers (which are to be carried out in the employees’ own time).
MINUTE NO: 14886/14962 Policy Adopted: 19 April 1995 MINUTE NO: 364591 Policy Reviewed: 17 August 2011 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 70 of 200 POLICY 3.4 RESPONSE AND PROVISION OF SHIRE PLANT AND EQUIPMENT IN BUSH FIRE SITUATIONS
3.4 RESPONSE AND PROVISION OF SHIRE PLANT AND EQUIPMENT IN BUSH FIRE SITUATIONS
PREAMBLE This Policy recommends a number of protocols to be adhered to when Shire plant and equipment is required in bushfire situations (principally graders).
POLICY The Shire will:
1. Respond to calls from the incident manager controlling fires in the Shire or within close proximity of the Shire.
2. Provide graders and other plant and equipment (with operators) as expediently as possible to attend fires within the Shire of Carnamah and in surrounding Shires when fires are in close proximity to the Shire boundaries.
3. Have a grader located at Eneabba during the Shire shutdown period over late December and January.
4. Roster staff leave arrangements to ensure that a competent grader operator is on duty during normal working hours throughout the year. This will improve the response to the call for a grader during the peak fire season.
5. Authorise overtime at any time and when necessary, for staff who are adequately trained and who are willing to attend fires, to do so.
6. The Shire will utilise plant and equipment at fires, under the direction of the incident controller subject to the following conditions:
• Adequate duty of care is exercised to minimise the risk of injury to staff and damage to machines; • Machines are accompanied by four wheel drive support vehicles, capable of quickly evacuating the fire scene if life is endangered.
MINUTE NO: 364366 Policy Adopted: 21 April 2010 MINUTE NO: 364591 Policy Reviewed: 17 August 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 71 of 200 POLICY 3.5 SIGNAGE
3.5 SIGNAGE
PREAMBLE Council acknowledges signage can be of benefit commercially and to the wider community. Advertising signs can promote, attract and highlight local business activities. Outdoor signs are vital to established businesses, and can also assist in community activities. Council also recognises that signage can have a significant impact on streetscapes and the general visual representation of a locality. The location and presentation of signage must have regard for community safety and community amenity. The Shire of Carnamah signage policy has been prepared in both the interests of both business and the community.
OBJECTIVES The following are objectives of the policy –
• To provide a clear set of guidelines that relate to the display of signage within the Shire of Carnamah • To provide opportunity within the Shire of Carnamah for businesses and community groups to advertise • To maintain the visual quality of streetscapes avoiding a visual clutter • To minimise the impact of signage on the character and amenity of areas within the Shire of Carnamah • To ensure signs and advertising devices are constructed and located to minimise the risk to public safety
DEFINITIONS
In this policy, the following definitions apply –
Advertising device: means any object on which words, numbers or figures are written, placed, affixed or painted for the purpose of advertising any business, function, operation or similar activity and includes any vehicle or trailer or other similar stationary object placed or located so as to serve the purpose of advertising any business, function, event, product or undertaking; Fly posting: means advertising by means of posters placed on fences, walls, tress or any other structure (this does not apply to political signage); Illuminated sign: means a sign that is so arranged so as to be capable of being lighted either internally or externally, and which does not emit a flashing, intermittent or sequential light; Institutional sign: means a sign erected or placed on any land or building used for or in connection with a surgery, clinic, hospital, rest home, home for the aged, or other institution or place of similar nature; Political sign: means a sign containing an electoral advertisement relating to a party or prospective candidate at any Commonwealth, State or Local Government election or referendum; Portable sign: means a sign not permanently attached to the ground or to a structure, wall, fence or building and including but not limited to a sandwich board sign consisting of two sign boards attached to each other at the top or elsewhere by hinges or other means; Projection sign: means a sign that is made by the projection of light on a wall or similar structure; Sign infill: means a panel, which can be fitted into a pylon sign framework;
Shire of Carnamah Policy Manual – updated September 2021 Page 72 of 200 APPROVAL REQUIRED
Unless specified elsewhere in this policy, no person shall erect, display or maintain a sign or advertising device within the Shire of Carnamah without Council approval.
Council may approve the erection of a sign with or without conditions and for a period to be determined by Council.
An application in respect of a sign shall be accompanied by 2 copies of a plan drawn to scale of not less than 1:50 showing the position of the sign, design, method of construction, colours to be used, method of illumination (if applicable) and engineering specifications if required.
Applications will be in form of Appendix 1.
Notwithstanding that a sign would otherwise comply with this policy, Council may refuse approval if the sign is in its opinion injurious to the amenity or natural beauty of the area.
EXEMPTED SIGNS
Further to those signs erected or maintained pursuant to any statute having operation within the State, the following signs are exempt from requiring approval under this policy –
PERMANENT SIGNAGE SIGNAGE PERMITTED SIZE Dwellings with a One professional name-plate to indicate 0.2m2 Residential Zone the name of a building or the occupation or profession of an occupier of a building. Note: Planning Approval may be required to operate a business from home. Places of Worship, One advertisement detailing the 0.2 m2 Meeting Halls and Places function and/or activities of the of Public Assembly institution concerned Railway Property and One advertisement sign exhibited on No sign shall exceed Reserves such land 2m2 Rural Zone One sign advertising an approved land 1.0m2 use, including a home occupation
ALL SIGNS MUST BE LOCATED WITHIN OR ON THE PROPERTY BOUNDARY
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TEMPORARY SIGNAGE PERMITTED SIZE SIGNAGE Political Signage One sign per property or business may be 0.6m2 erected 2 months prior to an election in which the person is a candidate, or party member and which is owned or occupied by that person.
Signs are to be removed no later than 48 hours after the election date. Signs must conform to the State and Federal Electoral Acts. Sale Signs One sign per street frontage. Dwellings – 2m2. Rural, Commercial and Industrial Premises – 5 m2 Home Open and Maximum of 2 portable per house or sale. 0.25 m2 Garage Sale Signs Signs may be erected on the day of opening or sale only and must be removed by sunset that same day. Signs must comply with the criteria for portable signs described in this policy. Sales of Goods or One sign per lot displayed for a period not 2m2 Livestock exceeding 3 months advertising the sale of goods or livestock upon any land or within any building upon which the sign is exhibited provided that the land is not normally used for that purpose Construction Signs One sign containing details of the project, 2m2 architects, contractors or buildings, displayed only for the duration of the construction. Community Signs Maximum 6 signs to advertise a forthcoming 3 m2 and Banners event
Signs must be erected within the locality of the event only
May be displayed no more than 4 weeks prior to the event and must be removed the day following the event.
Council’s Manager of Works and Services may approve signs within the road verge or on Council land where there exists public liability insurance no less than $5, 000, 000 indemnifying Council. Flags 1 National or State Flag, or recognised flag N/A
Other than ‘Home Open’ and ‘Garage Sale’ signs, all signs must be located within the property boundary
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EXISTING ADVERTISEMENTS Advertisements which – a. were lawfully erected, placed or displayed prior to this policy; and b. may be erected, placed or displayed pursuant to a licence or other approval granted by the Council prior to the approval of this policy, may, except as otherwise provided, continue to be erected and maintained in accordance with this policy.
PROHIBITED OR RESTRICTED SIGNS A person shall not erect, maintain or display a sign – a. that will obstruct the view of traffic on a street or public place. b. that is likely to be confused with, or mistaken for, an official traffic sign c. that emits a flashing, intermittent or sequential light. d. on any footpath, median strip or roundabout, unless a Trading in Public Places Licence is held by the business. e. on a tower, mast, chimney stack, spire, dome or similar architectural feature or on a lift machinery room, bulkhead over stairs or other superstructure over the main roof of a building. f. on a building where the stability of the building is likely to be affected by the sign. g. in a position where it unduly obstructs or obscures a person’s view from a dwelling of any natural feature. h. on land or a roof of a building or verandah other than that on which is conducted a business or profession and to which the sign relates. i. on a light pole, power pole or verandah post. j. as a free standing sign above a roof. k. on any land that is used for residential purposes unless exempted under this policy. l. on a tree that is living. m. so as to obstruct access to or from a door, fire escape or window, other than a window designed for the display of goods. n. that contains offensive language or content.
Notwithstanding the above, Council may approve any sign in the interest of the community.
DEVELOPMENT STANDARDS
2. Illuminated Signs Any illuminated sign shall – a. have any boxing or casing in which it is enclosed constructed of incombustible material. b. where comprising glass (other than fluorescent tubing), have the glass so protected as to prevent its falling into a public place in the event of breakage. c. have its electrical installation constructed and maintained to the satisfaction of Western Power or the appropriate electrical supply authority and in accordance with the relevant Australian Standard. d. be maintained to operate as an illuminated sign. e. not have a light of such intensity as to cause annoyance to the public or be a traffic hazard.
3. Information Panels The Council may provide for information panels or bays of varying sizes and charge fees for the inclusion of advertisements in such panels or bays. Council may provide such panels in strategic locations within road verges or on Council land to advertise subdivision and developments within the Shire. Likewise, Council may provide advertising space on bus shelters, park benches and on Council rubbish bins.
4. Institutional Signs Institutional signs shall not exceed 2m2.
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5. Pylon Signs
A Pylon sign shall – a. not have any part less than 2.7m or more than 6m above the level of the ground. b. not exceed 4m2 in area. c. be supported on one or more piers or columns of brick, stone, concrete, timber or steel of sufficient size and strength to support the sign under all conditions. d. not be within 2m of the side boundaries of the lot on which is it erected. If the lot on which the pylon sign is erected abuts an intersecting street or right-of-way, Council may authorise the erection of the sign at a lesser distance than 2m. e. not be erected so that it projects over any pedestrian access way or street more than 900mm. f. pylon signs shall be restricted to 1 per lot. Where a pylon sign is to be erected on a lot on which a factory tenement building or small shops are erected or are to be erected, Council may require the pylon sign to be incorporated into the one sign complying with the following: a. initial approval is to be given to the pylon sign framework together with one or more sign infill. b. further approvals are not required for each additional infill. c. all infills are to be of an equal size and space is to be provided for one infill for each shop or unit on the lot.
6. Portable Signs
A portable sign shall – a. not exceed 1m in height. b. not exceed 1m2 in area. c. be placed so not to be hazardous to, or impede vehicular traffic or pedestrians. d. be of sound construction and maintained in good condition. e. be anchored so as not to be moveable by wind or other natural forces. f. be removed before sunset and not replaced before sunrise the following day.
An advertiser shall be permitted no more than 2 portable signs and in locations approved by Council. Any portable sign located within the road reserve or on Council land is to be covered by a dedicated public liability insurance policy of no less than $10,000,000 providing indemnity to Council. Proof of public liability insurance must accompany the application.
7. Verandah Signs
A sign fixed to the outer or return fascia of a verandah – a. shall not exceed 300mm in depth. b. shall not project beyond the outer metal frame or surround of the fascia.
A sign under a verandah shall – a. afford headway of not less than 2.7m. b. not exceed 2.5m in length or 400mm in depth or 1m2 in area. c. not weigh more than 55kg. d. not be within 3m of another sign under that verandah or within 0.5m of the side wall of the shop or office. e. be fixed at right angles to the front wall of the building before which it is erected except on a corner of a building at a street intersection where the sign may be placed at an angle with the wall so as to be visible from both streets. f. be so placed that the centre of its base longitudinally is equidistant from the outer edge of the verandah and the vertical plane of the shop front directly opposite the end of the sign.
Shire of Carnamah Policy Manual – updated March 2021 Page 76 of 200 8. Directional Signs Where a business or amenity is decided by Council to be of sufficient interest and importance to the travelling public then it will allow erection of business or amenity signs which indicate the nature of the business or amenity that may be located by following the direction indicated on the sign. Such signs shall be in accordance with Section 2 of this policy.
9. Tethered Signs Tethered signs shall – a. be located wholly within the boundaries of the lot. b. have a maximum vertical dimension of 0.75m and a maximum area of 2m2. c. not be less than 2.7m or greater than 8m from ground level. d. not exceed a ratio of one sign per any one lot and not be within 10m of a pylon sign.
Tethered signs, which consist of balloon type objects, shall – a. not exceed 7m in diameter or 9m in height. b. be located wholly within the boundaries of the lot. c. not be permitted except for the promotion of special event activities and may be permitted during the period of an event and in the location of the event only. d. The advertiser shall supply a certificate from a structural engineer certifying that the connection of the balloon type object to the building is of a structurally sound design.
10. Window Sign A window sign shall – a. only be fixed or painted on a ground or first floor window of a building. b. shall not exceed in area 25% of the area of all windows on the ground floor on the frontage of a building. c. shall not exceed 50% of the area of the window on which it is painted or fixed.
11. Further Requirements A sign shall – a. afford a minimum headway of not less than 2.7m. b. not be within 300mm of either end of the wall to which it is attached. c. not be placed on a corner of a building, except at a street intersection where it may be placed at an angle with the walls so as to be visible from both streets. d. not exceed, in total area, 25% of the area of the external elevation of the premises on which the sign or signs are displayed and shall only be permitted on the ground floor storey of a building. e. be kept clean and free from unsightly matter and in good condition and presentation.
NON COMPLIANCE
Should any signs be displayed that do not comply with the above conditions or are erected on any road reserve or land vested in the Shire without prior approval, Council Officers may, without incurring liability, remove and dispose of the sign. Signs removed will incur a retrieval fee and will be detained for a period of 2 months. Any sign not claimed with 2 months will be disposed.
Derelict or poorly maintained signs where, in the opinion of Council, an advertisement has been permitted to deteriorate to a point where it conflicts with the objectives of this policy or it ceases to be effective for the purpose for which it was erected or displayed, Council may by notice in writing require the advertiser to –
a. repair, repaint or otherwise restore the advertisement to a standard specified by Council in the notice; or b. remove the advertisement.
Shire of Carnamah Policy Manual – updated March 2021 Page 77 of 200 In addition, Council may require any sign to be removed if it is of the opinion that it is offensive, unsightly or otherwise likely to mar or spoil the locality.
DELEGATED AUTHORITY TO APPROVE SIGNAGE The Chief Executive Officer is delegated authority to approve signs that comply with Section 1 of this policy. The Principal Environmental Health Officer will keep a register of approved signs and will notify Council of signs approved under delegated authority three (3) monthly via Management Information.
The Chief Executive Officer may, upon referral of an application require a building licence where the requirements of the BCA cannot be adequately addressed through an approval issued.
The Manager of Works and Services is authorised to approve signs that comply with Section 2 of this policy.
SECTION 2
ADVERTISING ON HIGHWAYS AND MAIN ROADS Council has been delegated powers under the Main Roads (Control of Advertisements) Regulations 1996 by the Commissioner of Main Roads to approve all Category 2, 3 & 4 advertising devices (as defined by Main Roads WA’s Guide to the Management of Roadside Advertising). When considering applications, Council is required to observe and comply with the abovementioned Guide and keep a register of approvals granted under the delegation.
Council will refer all applications for Category 1 signs to the Commissioner of Main Roads for approval.
MINUTE NO 31196 Policy Adopted: 16 February 2005 MINUTE NO 364591 Policy Reviewed: 17 August 2011 RESOLUTION 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 78 of 200 Appendix 2: Planning and Development Act 2005 Shire of Carnamah Local Planning Scheme No. 2 Control of Advertisements
ADDITIONAL INFORMATION SHEET FOR ADVERTISEMENT APPROVAL
1 Name of Advertiser (if different from owner): ______2. Address in full: ______3. Description of property upon which advertisement is to be displayed including full details of its proposed position within that property:
______4. Details of proposed sign: Height:______Width:______Depth:______Colours to be used______Height above ground level (to top of advertisement:______(to underside______Materials to be used______Illuminated: ...... Yes/No If yes, state whether steady, moving, flashing, alternating, digital, animated or scintillating etc. ______
If yes, state intensity of light source:______5. State period of time for which advertisement is required: ______6. Details of signs, if any, to be removed if this application is approved: ______NB: Application should be supported by a photograph or photographs of the premises showing superimposed thereon the proposed position for the advertisement and those advertisements to be removed detailed in 6 above.
Signature of Advertiser(s)______(if different from land owners)
Date______
Shire of Carnamah Policy Manual – updated September 2021 Page 79 of 200 POLICY 3.6 TOURIST INFORMATION BOARD SIGNAGE
3.6 TOURIST INFORMATION BOARD SIGNAGE
PREAMBLE The Carnamah and Eneabba Town Revitalisation Programs both include the replacement of the present outdated tourist information bay boards. It is proposed to offer advertising space for businesses and other organisations. It is necessary to adopt a policy governing the placement and maintenance of advertisements on the boards
POLICY 1. That Council adopt the following policy relating to the placement of advertising signage on the Shires information bay boards at Carnamah and Eneabba:
• Each sign shall measure 600mm x 450mm; • Local businesses will be allocated free space for the placement of one sign at each information bay upon receipt of an application of the form provided by the Shire of Carnamah; • A local business is one which operates in the Shire of Carnamah • Approval may be granted to local businesses wishing to place more than one sign at each information bay conditional on available space and the payment of a fee as stipulated in the current schedule of fees and charges adopted by Council; • Non local businesses may be granted approval to place conforming advertising signs at the information bays subject to the payment of the stipulated fee. • Fees for the placement of advertising signs to non-local businesses will apply for the initial placement of signs. Annual fees for the retention of signs shall not apply; • Signs shall be of a durable quality and of a neat and presentable standard; • Signs shall be delivered to the Shire for approval subsequent placement on the boards by Shire personnel; • If signs are damaged, weather worn or become redundant, they shall be removed by the Shire and the businesses concerned shall be invited to provide replacement signs should they wish to do so; • The Shire shall take no responsibility for replacing any signs that are vandalised or removed without authorisation; • The Shire reserves the right to refuse the placement of any non-conforming or offensive signage on the boards without reference to the advertiser; • Signs that are placed on the boards without authorisation from the Shire shall be removed and disposed of; • The provisions of this policy shall equally apply to non-business entities such as groups, organisations, government departments, agencies, service and sporting bodies and incorporated bodies.
2. That the Chief Executive Officer be delegated authority, until further notice, to exempt applicants that have complied with the policy, from the requirements of clause 3.1(1)(b) of the Shire of Carnamah Public Places and Local Government Property Local Law 2013.
MINUTE NO: 364679 Policy Adopted: 20 June 2013 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 80 of 200 Appendix 3: Tourist Information Board Advertising – Application Form
Name of Applicant:______Name of Business: ______Address: ______Phone: ______Email: ______Local Business (*A local business is one which operates in the Shire of Carnamah) Non Local Business Other Location Carnamah Number of signs: Eneabba Number of signs: Applicable fee: ______Size 600x450mm Exemption from Shire of Carnamah Public Places and Local Government Property Local Law 2013 Clause 3.1(1)(b) A person must not without a licence- advertise anything by any means on local government property. 3.1(2) The local government may exempt a person from compliance with subclause (1) on the application of that person. CONDITIONS Signs shall be of a durable quality and of a neat and presentable standard; Conceptual or draft signs may be presented to the Shire in advance of them being finalised to ensure that they conform. Signs shall be delivered to the Shire for approval subsequent placement on the boards by Shire personnel; If signs are damaged, weather worn or become redundant, they shall be removed by the Shire and the businesses concerned shall be invited to provide replacement signs should they wish to do so; The Shire shall take no responsibility for replacing any signs that are vandalised or removed without authorisation; The Shire reserves the right to refuse the placement of any non conforming or offensive signage on the boards without reference to the advertiser; Signs that are placed on the boards without authorisation from the Shire shall be removed and disposed of; The provisions of this policy shall equally apply to non business entities such as groups, organisations, government departments, agencies, service and sporting bodies and incorporated bodies.
______Signed by Applicant
______Authorised by Chief Executive Officer
______Date
Shire of Carnamah Policy Manual – updated March 2021 Page 81 of 200 POLICY 3.7 SHIRE OF CARNAMAH POLICY ON PLACEMENT OF HISTORICAL PHOTOGRAPHS IN WINDOWS
3.7 SHIRE OF CARNAMAH POLICY ON PLACEMENT OF HISTORICAL PHOTOGRAPHS IN WINDOWS
PREAMBLE
Council will consider requests from property owners with premises in Yarra and Macpherson Streets, Carnamah (the town’s commercial precinct) to have large historical photographs provided and installed by the Shire. The purpose of these photographs is to enhance the streetscape of the commercial precinct and to provide points of interest with respect to the historical roots of the town and community. The Shire of Carnamah policy has been prepared in the interests of businesses, the community and visitors to Carnamah.
OBJECTIVES
1. The following objectives relate to the policy:
1.1 To provide a clear set of guidelines that relate to the provision, installation, maintenance and replacement of the historical photographs; 1.2 To provide opportunity for property owners in Yarra and Macpherson Streets to enhance the appearance of their premises; 1.3 To enhance the visual quality of the streetscapes in Yarra and Macpherson Streets.
APPROVAL AND IMPLEMENTATION PROCESS
2. The following approval process applies:
2.1 Property owner to express interest to the Shire in writing, to having an historical photograph provided and installed; 2.2 Council to consider appropriateness of request and the location of proposed photograph; 2.3 Council to either approve or decline the request; 2.4 Applicant to agree to the terms relating to the care, maintenance and eventual replacement or removal of the photograph; 2.5 Council, in consultation with the property owner and the Carnamah Historical Society to select and approve appropriate photograph for placement; 2.6 Council to provide for the costs associated with the enlargement and installation of the proposed photograph and advise applicant of timeline; 2.7 Photograph to be installed.
RIGHTS AND OBLIGATION OF THE PARTIES
3. The Shire shall:
3.1 Organise the procurement and installation of the photograph; 3.2 Either replace or remove the photograph (at the Shire’s discretion) when it is evident that it is nearing the end of its economic life, or if the window and photograph is damaged through no fault of the property owner; 3.3 Agree to the voluntary removal of the photograph at the property owner’s expense, at any time after the 5th anniversary of its installation.
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4. The Property Owner shall:
4.1 Clean window/s in preparation for the installation of photograph/s to the standard required by the installer; 4.2 Agree to the photograph being displayed for a minimum of 5 years from installation; 4.3 Maintain the external window/s and surrounds in which photograph/s are displayed in a clean and presentable condition; 4.4 Meet the cost of replacing or removing any photograph that has been deliberately damaged; 4.5 In the event of the property changing hands, to advise new owners of the conditions with respect to this policy.
MINUTE NO: 364806 Policy Adopted: 18 June 2014 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 83 of 200 POLICY 3.8 TOWNSCAPE, ROAD VERGE AND PROPERTY AMENITY
3.8 TOWNSCAPE ROAD VERGE AND PROPERTY AMENITY POLICY
Purpose To ensure amenity of the Shire of Carnamah is kept at an appropriate standard, in accordance with the Community of Carnamah goals and aspirations outlined in the Shire of Carnamah ‘Shire of Carnamah ‘Strategic Community Plan 2017 -2027’ (SCP).
Policy In keeping with Schedule 3.1 of the Local Government Act of WA 1995 (LG Act), the Shire of Carnamah requires all households, rural properties, business premises, road verges and laneways, to be maintained in a manner that supports the general health safety and amenity of the district, ensuring that overgrown vegetation, rubbish, or disused material as specified, is removed from land that the local government considers to be untidy. In keeping with the LG Act the Shire of Carnamah will also issue notices against land that is considered ‘unsightly’ as well as ‘untidy’ against a property which “does not conform to the general appearance of other land in the locality”. Additionally, a ruling from the supreme court in Saliba v Town of Bassendean [2013] WASC 93, also found that a local government can issue a notice for items to be removed irrespective of whether those items can be viewed from the street, as untidiness also accounts for potential dangers and ill effects caused to neighbours and the public such as for example, unpleasant odors, potential fire risks, the need for pest and vermin control (T. Beckett, McLeods Barristers and Solicitors).
Enforcement and Infringements
Under section 3.25 of the LG Act, notices generally, a local government may issue notice to an owner or occupier of land, requiring specified works or actions to be carried out, including the removal of items that the local government considers ‘unsightly’ and / or ‘ untidy’. Where a local government issues under section 3.25 of the LG Act to an owner or occupier of land, failure to comply with that notice will constitute an offence which carries a maximum penalty of $5,000 and a maximum daily penalty of $500 for each day during which the offence continues (T. Beckett, McLeods Barristers and Solicitors).
MINUTE NO: 20180606 Policy Adopted: 18 May 2018 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 84 of 200 POLICY 3.9 OPERATIONAL USE OF DRONES
3.9 OPERATIONAL USE OF DRONES
POLICY 1. The Shire of Carnamah’s Drone can only be used by an approved operator with written authority given by the Chief Executive officer. 2. This approval is subject to the strict adherence of the conditions outlined in this policy. 3. Any use of the drone that requires flight inspections over buildings, backyards or farms, will be advertised in the local papers 60 days prior to use. 4. Inspections over buildings, backyards or farms, will only be undertaken once a year and property owners, as well as occupiers, will be notified in writing at least 30 days prior to the inspection. 5. Prior to conducting inspections over any buildings, backyards or farms, the proposed flight path, detailing the dates and times, will be lodged with CASA. 6. Subject to the above conditions, the Shire of Carnamah’s Drone can also be used for the operational purposes of; a. Surveillance of Fire Breaks, Bush Fires, Camping and Coastal areas; b. Swimming Pools inspections; c. Use in Emergencies such as bushfires; and d. Monitoring Feral Animals and Illegal Dumping of Waste.
MINUTE NO: 20181206 20 December 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 85 of 200 POLICY 3.10 LIGHTING MANAGEMENT
3.10 LIGHTING MANAGEMENT
POLICY This Policy will assist the Shire to consider the impacts of lighting associated with rural, urban or other development including roads, industry and buildings when considering replacing existing lighting infrastructure, installing new lighting infrastructure and planning new developments. The Shire may impose conditions in relation to the design of light fittings, shielding of light, the design and operation of development and hours of lighting operation to manage contribution to artificial sky glow.
It is the Shire’s policy to implement the following good lighting design principles to maintain and improve the quality of the dark night sky in its efforts to develop Astrotourism within the region. The principles can be applied to any situation where protecting and conserving the night sky is important. Application of the principles benefit not only astrotourism, but also astronomy, heritage, human health, safety, energy, wildlife, environment and ecological values.
BACKGROUND The inappropriate or excessive use of artificial light is known as light pollution. The International Dark Sky Association (IDA) states that components of light pollution include: • Sky glow - brightening of the night sky over inhabited areas • Glare - excessive brightness that causes visual discomfort • Light trespass - light falling where it is not intended or needed • Clutter - bright, confusing and excessive groupings of light sources Sky glow impacts the view of the night sky. The International Astronomical Union describes that “wasteful light from artificial sources emitted upward (at horizontal angles and higher) is scattered by aerosols such as clouds and fog or small particulates like pollutants in the atmosphere. This scattering forms a diffuse glow that can be seen from very far away. Sky glow is the most commonly known form of light pollution.”
Good lighting design principles are important considerations to manage sky glow to enable Astrotourism development. The Shire acknowledges Astrotourism activities can be of benefit economically and to the wider community. Astrotourism can: • Increase visitor numbers, overnight stays and visitor spending; • Diversify and increase employment; • Increase regional economic development opportunities for Aboriginal Astronomy enterprise, tourism business and private investment in assets such as accommodation; • Grow community capacity; and • Raise the awareness within a community to apply for accreditation through the IDA International Dark Sky Places (IDSP) Program, founded in 2001. The Shire also acknowledges that regional Western Australia has comparative international advantages for Astrotourism activities. These include: • Low levels of artificial light pollution; • Clear and dry skies; • Southern Hemisphere night sky location; • International space science projects such as the $1.3B Square Kilometre Array radio telescope.
Shire of Carnamah Policy Manual – updated March 2021 Page 86 of 200 Note: These lighting management principles and images are reproduced from The Dark Sky Planning Guideline June 2016 with the permission of the NSW Department of Planning and Environment © State of New South Wales and Department of Planning and Environment, 2016.
MINUTE NO: 20190208 Policy Adopted: 20 February 2019
Shire of Carnamah Policy Manual – updated March 2021 Page 87 of 200 4. COMMUNITY AMENITIES
POLICY 4.1 CARNAMAH RECYCLING - RECYCLING MATERIALS TO BE ACCEPTED
4.1 CARNAMAH RECYCLING - RECYCLING MATERIALS TO BE ACCEPTED
POLICY
The Shire of Carnamah shall accept at its recycling facility the following materials, provided that they are of the approved type, and deposited in an orderly manner, and the community takes responsibility for recycling the materials:
• Used, washed chemical containers. (Drum Muster)
Scrap metal, car bodies and aluminium cans are organised through the Carnamah Lions Club.
MINUTE NO: 18298 Policy Adopted: 18 June 1997 MINUTE NO: 364375 Policy Amended: 16 November 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 88 of 200 5. RECREATION AND CULTURE
POLICY 5.1 CARNAMAH RECREATION CENTRE
5.1 CARNAMAH RECREATION CENTRE
POLICY
1. Issue of Keys As a general rule, the issue of Recreation Centre keys to the public shall not be permitted however, if keys are issued, they be restricted to one set of keys per organisation (for a season and returnable at the end of that season) and a refundable deposit be obtained.
2. Honour / Service Boards That Club and Association Honour/Service Boards may be displayed within the Carnamah Recreation Centre Function Room, on the West and North wall railings. Organisations are to be limited to one display each, and if space becomes a problem, organisations to be permitted to display only during their season.
3. Use of Stadium for Indoor Sports Only sports for which the stadium is equipped shall be permitted. These are:
• Basketball • Netball • Badminton • Volleyball • Indoor Cricket (provided proper nets are used) • Modified indoor hockey, soccer and cricket - subject to safety precautions.
Other sports which may from time to time be requested shall be considered individually by Council.
4. External Usage - Tables and Chairs
I. Flat-fold tables and Sebel chairs from the Carnamah Recreation Centre may be used for carnivals at the Carnamah swimming pool by the Carnamah District High School, or Carnamah Swimming Club.
ii. Tables, chairs and crockery from the Carnamah Recreation Centre may be used for functions at the Carnamah Town Hall subject to the following conditions –
• Safe transportation between venues is the responsibility of the applicant, and the items will be returned to the Recreation Centre on the morning following use; • Deposit to cover damages to be paid as per the Fees and Charges • Any items damaged in transportation or at the function will be replaced at the user’s expense; • Cost of hire as per the Fees and Charges.
And providing there is no prior booking at the Recreation Centre which requires the tables and chairs.
Shire of Carnamah Policy Manual – updated March 2021 Page 89 of 200 5. Use of Stadium for functions.
• That when the Carnamah Recreation Stadium is hired for use for other than approved indoor sporting activities, that unless otherwise specifically approved by Council, it be a condition of hire that Regapol matting be laid to protect the parquetry floor. • That when the stadium is hired for a proposed dinner/dance, that the area of the stadium floor not set aside for dancing, be covered with Regapol matting.
MINUTE NO: 2324 (Old 9.4) Policy Adopted: 15 May 1987 MINUTE NO: 5212 (Old 9.5) Policy Adopted: 20 April 1988 MINUTE NO: 9903 (Old 9.12) Policy Adopted: 17 July 1991 MINUTE NO: 16517 (Old 9.16) Policy Adopted: 20 March 1996 Old Policies 9.4, 9.5, 9.12, 9.16 Amalgamated to new Policy 9.3 MINUTE NO: 364690 Policy Amended: 19 June 2013 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 90 of 200 POLICY 5.2 USAGE OF OVALS - AGRICULTURAL SHOWS
5.2 USAGE OF OVALS - AGRICULTURAL SHOWS
POLICY That the following policy statements apply with respect to use of Shire Ovals.
Machinery 4WD tractors and light plant and machinery may be displayed within the oval perimeter so long as there is minimal movement and the utmost care is taken on the oval itself.
Marquees May be located on the oval.
Horse Jumps Horse events may be located on playing fields designated.
Old Machinery Displays Not to be permitted on ovals unless oil trays are used to collect leaks and drips.
Changerooms - (Wine Bar) A form of floor covering is required to protect the carpet from damage.
Use of Oval Chief Executive Officer • Seek approval from Council for the annual North Midlands Agricultural Show to use the Niven Park Complex and surrounding grounds. • Also require approval for people to camp in the area behind the pony club. (Caravan Parks and Camping Grounds Regulations 1997)
Office • Organise facility bookings for all Niven Park Complex and Ovals. • Issue keys for Complex and Change-rooms to NMAS nominated representative.
Deputy Chief Executive Officer / Manager of Works and Services • Arrange for the cleaners to work, as and when required/appropriate, on the Show weekend. • Arrange 50 x 240lt green garbage bags to be used in the kitchen at the Complex. The NMAS will look after the bin tidying throughout the day. • Matting to be laid in the Stadium by 9.00am on the Wednesday before the Show weekend. • Water to be turned on to the Stock-yards by the Wednesday before the Show weekend. • Small truck to have rubbish top fitted and parked on the north side of the Complex. Truck to be locked and keys placed back in yard.
MINUTE NO: 7763 Policy Repealed: 15 August 1990 MINUTE NO: 364614 Policy Amended: 21 September 2011 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 91 of 200 POLICY 5.3 PERIOD OF OPENING - PUBLIC SWIMMING POOLS
5.3 PERIOD OF OPENING - PUBLIC SWIMMING POOLS
POLICY
i. That the Swimming Pools will be available for opening to the public from the 1st day of November up to the 31st of March of the following year. (Excluding Christmas Day and Easter Good Friday.
ii. Pool hours may be varied at the discretion of the Chief Executive Officer acting on the advice of the Swimming Pool Manager.
From time to time there are requests for regular fixtures such as early morning swimming, in-term, vacation and school swimming classes, which do not conform to normal pool opening hours. The Executive Director of Public Health may give exemptions from manager-supervised pool openings for discrete groups, so long as there are suitably qualified approved supervisors.
It is Council responsibility to approve of the arrangements and the supervisory person, and to then seek the exemption from the Executive Director of Public Health. Nevertheless, it is not always possible for such groups to provide a person suitably qualified to meet the Executive Director of Public Health's requirements. In such circumstances, for such occasions to take place would require the attendance of the pool manager.
POLICY AND DELEGATION
It shall be the policy of Council to vary the open pool hours to meet community demands, without incurring an unreasonable extra call on local government funds; and the Chief Executive Officer be authorised to vary pool hours in accordance with this policy.
MINUTE NO: 10974 Policy Adopted: 27 May 1992 MINUTE NO: 364614 Policy Amended: 21 September 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 92 of 200 6. TRANSPORT
POLICY 6.1 FARM IMPLEMENTS AND ROAD DAMAGE
6.1 FARM IMPLEMENTS AND ROAD DAMAGE
PREAMBLE
Because the Shire of Carnamah is an agricultural district, every effort is made, to ensure that roads are able to accommodate the movement of farming implements. Due care is required by those transporting implements to ensure that damage to roads is not caused by such machinery.
There have been instances where farming implements have caused damage to road surfaces. The least dramatic in appearance but with the greatest damage potential and repair cost is where bitumen surfaces are damaged.
POLICY
Where those responsible for causing road damage can be identified, Council gives notice that it will seek costs for full restitution of reinstatement and repair costs, and will if necessary, prosecute offenders who do not meet these costs.
MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 93 of 200
POLICY 6.2 HEAVY TRANSPORT ROUTES AND OPERATIONS
6.2 HEAVY TRANSPORT ROUTES AND OPERATIONS
POLICY In accordance with Main Roads WA, Council will permit the operation of heavy commercial vehicle types, as per the RAV Network Access (the database can be accessed via): https://www.mainroads.wa.gov.au/UsingRoads/HeavyVehicles/ravnetworkaccess/Pages/default.as px.
Heavy commercial vehicles seen using transport routes closed to heavy commercial vehicles, will be reported to Main Roads WA and the Police.
MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Amended: 20 June 2018 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 94 of 200 POLICY 6.3 RURAL CROSSOVERS
6.3 RURAL CROSSOVERS
POLICY 7.3 metre culverts will be installed on rural crossovers by Council. Any additional length will be at the landowner’s expense if such additional length is requested.
MINUTE NO: 6308 Policy Adopted: 21 June 1989 MINUTE NO: 364614 Policy Reviewed: 21 September 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 95 of 200
POLICY 6.4 PIPELINES UNDER SHIRE ROADS
6.4 PIPELINES UNDER SHIRE ROADS
POLICY
Landowners are required to obtain Council approval prior to placing a pipeline under a Shire roadway. Approval shall be conditional on:
i. a minimum depth of 450mm below the road surface or at the same level as the table drain;
ii. the location of the pipe being marked on both sides of the roadway by a steel peg bearing a disc legibly bearing the word "pipe"; and
iii. approval being required whether it is proposed to trench the line or install it in a culvert pipe.
MINUTE NO: 11443 Policy Adopted: 21 October 1992 MINUTE NO: 364614 Policy Amended: 21 September 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 96 of 200 Appendix 4: Application for Pipeline Under Shire Road File Ref:
Chief Executive Officer Shire of Carnamah PO Box 80 CARNAMAH WA 6517
Dear Sir,
PIPELINE UNDER SHIRE ROAD
In accordance with Council’s Policy 6.4, Pipeline under Shire Road, I hereby agree to the conditions and seek approval for the following installation:
Road Name:______
Location No: ______
Has the Location been marked Yes / No
Has a Location plan been provided Yes / No
Name and Address of Applicant
______
Telephone No: ______
Mobile No: ______
Yours faithfully
______Name of Signatory
Inspected By: ______Sign: ______
Date: ______
Approved By: ______Sign: ______
Date: ______
Shire of Carnamah Policy Manual – updated March 2021 Page 97 of 200 POLICY 6.5 STANDARD CROSSINGS
6.5 STANDARD CROSSINGS
PREAMBLE Excepting main roads, which require the approval of the Commissioner of Main Roads, a Council may amongst other things fix places for footpath crossings and permit crossings to be constructed or to construct such crossings. The Council may by local law or resolution, determine a specification for a "standard crossing".
In accordance with the Local Government (Uniform Local Provisions) Regulations 1996, regulation 15 Council shall bear one-half of the cost of a standard crossing as estimated by the Council, except-
i. If the crossing is of a type inferior to the standard crossing, or ii Is not the first crossing.
POLICY That a "Standard Crossing" will comply with the Shire of Carnamah’s Standard Vehicle Crossover Specifications. to provide a hard trafficable surface, topped with metal dust.
MINUTE NO: 15022/15106 Policy Adopted: 17 May 1995 MINUTE NO: 364614 Policy Reviewed: 21 September 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 98 of 200 7. ECONOMIC SERVICES
POLICY 7.1 ADOPTION OF FLORAL EMBLEM - SHIRE OF CARNAMAH
7.1 ADOPTION OF FLORAL EMBLEM - SHIRE OF CARNAMAH
POLICY The flower, Calytrix Superba, identified and named by Mr Charles Chapman, deceased, a past Chairman and Member of the Carnamah Road Board, has been adopted as the Floral Emblem for the Shire of Carnamah.
MINUTE NO: 6864 Policy Adopted: 13 December 1989 MINUTE NO: 364614 Policy Amended: 21 September 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 99 of 200 POLICY 7.2 WILDFLOWER PICKING
7.2 WILDFLOWER PICKING
POLICY As a general policy Wildflower picking on roadsides and reserves under the control of the Shire of Carnamah is prohibited.
MINUTE NO: 4980 Policy Adopted: 16 December 1987 MINUTE NO: 361614 Policy Reviewed: 21 September 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 100 of 200 POLICY 7.3 PREVENTATIVE MAINTENANCE SCHEDULE - COUNCIL HOUSING AND PUBLIC BUILDINGS
7.3 PREVENTATIVE MAINTENANCE SCHEDULE - COUNCIL HOUSING AND PUBLIC BUILDINGS
POLICY Council will provide a Preventative Maintenance Schedule for Employee Housing and Public Buildings.
1.1 Council employee housing shall be inspected a minimum of every 12 months for the following: • Dripping taps, check for washers and taps to be reamed if necessary • Windows checked to ensure ease of opening • Doors checked for binding and sticking • Gates checked and oiled if necessary • Air-conditioning maintenance will be carried out by a qualified air-conditioning tradesman each year. • Smoke alarms checked for operation • Clothes lines oiled and checked for ease of operation • Fly screens to doors and windows checked for soundness • Steps front and rear checked for soundness • Gutters and downpipes 1.2 Termite, spider and cockroach inspections and treatments where necessary will be carried out concurrently each year by a qualified pest operator. 1.3 Tenants will be encouraged to report defects as and when they occur.
2.1 The Shire's Public Buildings shall be inspected every twelve months for the following: • Leaking taps to kitchens and showers • Toilets checked for their operation, and cisterns for leakage • Gutters and downpipes • EXIT lights checked, and batteries and back-up operation checked to ensure the lights are working on battery • Windows checked for ease of opening • Doors checked for locking operation and worn locks • Door closers checked for smooth operation • Light globes and fluorescents checked and replaced where necessary • Air-conditioning maintenance will be carried out by a qualified air-conditioning tradesman each year. 2.2 External power points and lights checked annually by an electrician. 2.3 Termite, spider and cockroach inspections and treatments where necessary will be carried out concurrently each year by a qualified pest operator.
3. All buildings will be annually inspected by the Building Maintenance Tradesman, a contract Electrician, and Pest Controller.
MINUTE NO: 18511 Policy Adopted: 20 August 1997 MINUTE NO: 364591 Policy Reviewed: 17 August 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 101 of 200 POLICY 7.4 BUILDING CONTROL DISCLAIMER
7.4 BUILDING CONTROL DISCLAIMER
POLICY This disclaimer of legal liability or responsibility shall have and is intended to have effect as a condition of the building license hereby issued.
Whilst Council has inspected the plans and specifications with a view to ascertaining the extent of compliance of the proposed building with all relevant local laws, regulations and statutory provisions, ("the statutory provisions") and reserves the right to carry out site inspections, Council disclaims all legal liability and responsibility for:
i. actual compliance by the plans and specifications with the statutory provisions; or for ii. any defect (latent or patent) in the design and/or construction of the subject building; iii. any defect in the site and its capacity to support foundations or in the materials used in the construction of the building.
You as builder/building owner must take responsibility in relation to each and all of the foregoing matters and not rely upon the Council in relation thereto. By acting upon this permit, you as builder/building owner release and discharge the Municipality for all liability in relation to such matters and indemnify the Municipality from all claims for loss or damage sustained by you and any successors in title by reason of non-compliance by plans and specifications and/or the building with the statutory provisions, or by reason of any such defects.
MINUTE NO: 4319 Policy Adopted: 20 May 1987 MINUTE NO: 364614 Policy Reviewed: 21 September 2011 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 102 of 200 POLICY 7.5 CONTROL OF ROADSIDE WEEDS
7.5 CONTROL OF ROADSIDE WEEDS
POLICY It is a matter of Council policy (No 3.1) that the construction of firebreaks and the burning of vegetation on roadsides and road reserves under the care, control and management of the Shire is generally banned. Nevertheless, Council recognises that it may be desirable from time to time to control the growth or spread of roadside weeds and grasses.
Accordingly, Council is prepared to consider chemical (herbicide) control by adjoining landholders in certain circumstances pursuant to the following guidelines:
1. In every case, application shall be made in writing to the Council specifying : a. the locality and extent of spraying proposed (an accompanying map or diagram is desirable); b. the type(s) of grasses to be controlled; c. the type and nature of herbicide proposed to be used and confirmation that it is approved for its intended purpose. d. details of the existence or otherwise of other grasses and native vegetation in the locality it is proposed to spray; e. when it is proposed to carry out such work; f. whether it is intended to spray from along the roadside or from along the adjoining fence line; g. the reason for the proposed control measures; and h. details of equipment, including transporting plant to be used.
2. In any event, only foliar absorbed selective herbicides may be approved, and soil residual chemicals may be permitted subject to specific conditions.
3. Approved applicants shall indemnify the Shire against any liability whatsoever arising from this activity, and shall erect advance warning signs on the roadside for the duration of spraying activity, denoting "Herbicide Weed Spraying on Roadside Ahead" and "End of Herbicide Spraying".
4. Council is not prepared to give approvals lightly and retains the right to reject any application outright or to withdraw a previous approval.
MINUTE NO: 10424 Policy Adopted: 20 November 1991 MINUTE NO: 364614 Policy Reviewed: 21 September 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 103 of 200 POLICY 7.6 DEMOLITION LICENCE APPLICATIONS PLACES OF HERITAGE VALUE
7.6 DEMOLITION LICENCE APPLICATIONS PLACES OF HERITAGE VALUE
POLICY
The Shire of Carnamah recognises the need to preserve places of heritage value within its boundaries.
To further reduce the possibility of Damage/Loss of Heritage places, the following item is to be included in the "Application for a Demolition Licence".
NB: Applicants need to ensure that the heritage value of the above building has been checked. Where the building is listed as a place of heritage value, evidence of notification of the Heritage Council must accompany this application.
MINUTE NO: 13276 Policy Adopted: 20 April 1994 MINUTE NO: 314063 Policy Reviewed: 21 May 2008 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 104 of 200 POLICY 7.7 LANDCARE ROAD MANAGEMENT STRATEGY
7.7 LANDCARE ROAD MANAGEMENT STRATEGY
POLICY The Carnamah Shire Council recognises the important role it has in landcare management. Road surfaces, cleared road verges and open borrow pits generate run-off and therefore contribute to water management problems. Also the road verges contain remnant vegetation which has high value for arresting soil and wind erosion; as a source of seeds, as a habitat for wildlife, and with value for tourism. The Shire recognises that there needs to be a spirit of cooperation between Shires and landowners if land degradation problems in the catchment are to be tackled efficiently. The Shire has in place a number of policies concerning roads and road verges (for example, policies on burning, use of herbicides, and gravel extraction). The following policy complements, but does not replace existing policies.
With respect to road management aimed at Landcare, Council has adopted the following policy:
1. Drainage from roads will be run into waterways or existing drains wherever possible. 2. Where it is unavoidable to run drainage from roads into farmer paddocks this will, wherever possible, be done after consultation with the farmer over the location of the drains. 3. The Shire may accept drainage water from farmer paddocks into the road drainage system, subject to consultation between the farmer and the Shire over the placement and size of the paddock drains. 4. Where road drainage cannot be run directly into waterways or existing drains, it will, wherever possible, be turned off into the road verge bush. 5. Wherever possible, new borrow pits will be established on cleared land, not in existing bushland. Pits will be managed to retain rain which falls on or drains into them. All exhausted pits will be rehabilitated. Progressive rehabilitation should occur where a pit has an ongoing use. 6. Old borrow pits on Shire land which are no longer needed should be rehabilitated. Rehabilitation should involve ripping of compacted soils and access tracks to ensure water infiltration, respreading topsoil over ripped areas and replanting with locally occurring species of trees and shrubs. 7. Bushland on road reserves should be fully protected wherever practicable so as to maintain its hydrological function and to preserve the native species. Bulldozing or grading out of trees and shrubs during road maintenance should be minimised. Where limbs overhang the road surface they should be pruned off, in preference to removal of whole trees or shrubs. 8. Encouragement will be given to farmers to set back fences during fence renewal projects, so as to increase the width of the road verge vegetation protect mature trees along the fenceline and reduce the cost of fencing. 9. In general, landowners will not be given approval to burn road verges or to construct firebreaks within road verge vegetation. 10. Adjoining Shires should cooperate at their boundaries, with the aim of ensuring consistent road management policies.
MINUTE NO: 13948 Policy Adopted: 21 September 1994 MINUTE NO: 364417 Policy Amended: 15 February 2012 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 105 of 200 POLICY 7.8 INDUSTRIAL FACTORY UNITS AND ASSOCIATED DWELLINGS, CARNAMAH - TENANCY GUIDELINES / SPECIAL CONDITIONS
7.8 INDUSTRIAL FACTORY UNITS AND ASSOCIATED DWELLINGS, CARNAMAH - TENANCY GUIDELINES / SPECIAL CONDITIONS
PREAMBLE
The Shire of Carnamah, through strategic planning with the community, has developed three factory units and three residences for the purpose of attracting small businesses currently lacking in the town, including auto electrician, electrical/refrigeration trades, and light engineering.
The objectives of this project are to :
• Provide employment opportunities • Attract small industry to Carnamah for specialist services: including an auto electrician, electrical/refrigeration trade and light engineering works • Promote small business development • Boost the local economy and other small business • Provide incentive by way of good quality work premises with the opportunity for concessional arrangements as appropriate, and top-line residential accommodation to attract business trades to Carnamah
Given a town resident population of about 360 the net economic benefit of this project to a community the size of Carnamah is substantial
The Shire will establish a monitoring and advisory role to ensure the ongoing viability and potential expansion of the project with other trades and businesses in the short- and foreseeable long-term.
In this regard the ability to on-sell the factory units and dwelling accommodation to tenants will create a pool of funds for further such developments for other identified needs and opportunities.
Under Regulation 30(2)(g) of the Local Government (Function and General) Regulations 1996, the leasing of residential property to a person is an exempt disposition. That is, it is exempt from the provisions which require property to be disposed of to the highest bidder at public auction or at public tender.
So far as the factory units are concerned, tenancy allocations need to observe the regulations. In this case a local government can dispose of the property by lease if – “... it gives Statewide public notice of the proposed disposition –
(i) Describing the property concerned; (ii) Giving details of the proposed disposition; (iii) Inviting submissions to be made to the local government before a date to be specified in the notice, being a date not less than 2 weeks after the notice is first given;
and it considers any submissions made to it before the date specified in the notice and if it’s decision is made by the Council or a committee, the decision and the reasons for it are recorded in the minutes of the meeting at which the decision was made.”
Shire of Carnamah Policy Manual – updated September 2021 Page 106 of 200
POLICY
1. Tenancy Tenancy be an initial 18 month term to provide for proving up business viability, displaying trade skills and business acumen.
The Chief Executive Officer has delegated authority to let tenancies of the factory units and associated residential accommodation and their continuation or otherwise.
Tenancy of a factory unit and a residence shall be concurrent, and occupancy of a residence shall cease if occupancy of a factory unit ceases for any reason.
2. Rental Value Factory Units The rental value of the factory units will be in accordance with fees and charges set annually by Council.
Rentals will be payable 4 weekly in advance.
A bond to the value of four weeks full rent is to be paid.
The first 91 days of occupancy will be rent free, followed by a period of 274 days at a 50% concessional rent.
As encouragement to employ apprentices, rental after the initial 12 months concessional period, will also attract a 50% concession for the period or periods that an apprentice is employed.
Housing The rental value of the housing will be subject to annual review by Council.
3. Property Rates As the occupancy of the factory units and housing will be a tenancy arrangement, property rates will not apply.
4. Rubbish Charges Prescribed Council rubbish charges for the factory units will be the responsibility of the tenant; and for the houses, the responsibility of Council.
5. Insurances Property insurance for factory units and houses will be effected by the local government; and the tenant will be responsible for insurance for their own contents, public liability, and any other insurances required. Proof of insurances is to be supplied to the local government by the tenant.
6. Power/Telephone Charges Connection, usage and rental charges will be the tenant’s responsibility for factory units and houses.
7. Water Services The local government will be responsible for annual service charges and the tenant for consumption for the factory units; and the local government will pay annual service charges and 50% of water consumption for the houses.
8. Fitting Out and Furnishings
Shire of Carnamah Policy Manual – updated March 2021 Page 107 of 200 Will be the responsibility of the tenant.
9. General Tenants will not be permitted to make changes to the properties without the approval of the local government.
Tenants undertake to ensure the properties are returned in original condition, fair wear and tear excepted, at the conclusion of their tenancy.
10. Advertising The opportunity for tenancy of the factory units be publicised (a period of one month is suggested), and require applicants to submit amongst other things a curriculum vitae, details of referees, a business or personal profile including financial capability.
11. Information to Applicants For the information of applicants – • Tenancy arrangements • Expectations of the local government • Community profile
12. Relocation Assistance Relocation assistance not be provided to successful applicants
13. Sale of Units and Housing The opportunity exists for the factory units and associated dwellings to be sold to tenants at the discretion of Council at no less than sworn valuation.
MINUTE NO: 20137 Policy Adopted: 21 April 1999 MINUTE NO: 364614 Policy Amended: 21September 2011 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 108 of 200 POLICY 7.9 RELOCATED SECOND HAND DWELLINGS
7.9 RELOCATED SECOND HAND DWELLINGS
POLICY
1. An application to transport a second hand dwelling must be first considered and approved by Council if it is intended to re-erect a dwelling. 2. The building is to be inspected in its existing location. An application for inspection must be submitted and inspection fee of $200.00 paid. If the building is located in an isolated or different locality, a charge based on time and distance may be applied. 3. Transportable ‘Donga’ structures will not be considered unless they are of good structural standard, have been treated to camouflage their original purpose, including the removal of commercial markings or colour strips and the provision of a pitched roof of not less than 15 degrees. 4. After payment of the inspection fee, arrangements will be made for inspection of the building, and a report then presented to Council for consideration. 5. Following Council’s approval of the structure as suitable for transportation plans and specifications must be lodged and a Building Licence issued before placement on the site. Normal building fees are payable with a maximum time-frame for the completion of the building being 6 months.
A bond of $2,000.00 is to be lodged with Council as a “condition” of building licence issue. On completion of the building work within the time-frame of the Building Licence the bond will be returned following application.
MINUTE NO: 313409 Policy Adopted: 19 October 2005 MINUTE NO: 364613 Policy Reviewed: 21 September 2011 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 109 of 200
POLICY 7.10 RABBIT CONTROL – ENEABBA RECREATION RESERVE
7.10 RABBIT CONTROL – ENEABBA RECREATION RESERVE
POLICY The use of the product Pindone on Recreation Reserve 26044 (Eneabba) for the control of rabbits is approved by Council, subject to appropriate controls by the Department of Agriculture and Food WA.
MINUTE NO: 364417 Policy re-instated: 15 February 2012 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 110 of 200 POLICY 7.11 PETROLEUM, MINING AND EXTRACTIVE INDUSTRIES
7.11 PETROLEUM, MINING AND EXTRACTIVE INDUSTRIES
POLICY
The Shire of Carnamah supports the expansion of industry that helps deliver economic prosperity to its residents however, in providing this support Council supports every effort being undertaken to ensure that the initial assessment as well as compliance and monitoring of any activity is carried out at a level that protects the amenity of the natural and built environment and that of residents.
OBJECTIVES: • To ensure that local values relating to lifestyle and quality of life, including public health, amenity, biodiversity, water (both surface and ground), and other economic sectors (such as agriculture and tourism) are adequately considered and protected from the development or expansion of any extractive industry activity in the Shire of Carnamah. • To ensure that any future or existing extractive industry activity is thoroughly assessed, monitored and managed effectively to meet all conditions of development consent, and endeavour to continuously improve operational practices to reduce environmental impacts wherever practicable. • To ensure petroleum and mining companies build a commitment to best practice standards for petroleum and mining activity in the Shire of Carnamah, and actively participate in local communities.
GUIDELINES:
The principal role for Council is to advocate on behalf of the Shire of Carnamah and its communities. Council is not the determining authority for mining applications, but no other organisation has the interests of the communities of the Shire of Carnamah as its principal focus. The primary economic land use within the Shire of Carnamah is food production through agriculture. The Shire of Carnamah’s communities and businesses are dependent on access to clean groundwater The protection of water resources and infrastructure (including underground aquifers, catchment and recharge areas, rivers, creeks, lakes wetlands, dams, wells and bores) from pollution or over-use is therefore of paramount importance to the sustainability of the local economy and communities in the region. The Shire of Carnamah contains areas of natural vegetation that are unique and of global ecological significance. These areas not only provide a basis for nature-based tourism industries, but are worthy of protection in their own right in order to support the maintenance of ecosystem services including clean air, water and biological diversity. Large areas within the Shire of Carnamah are subject to petroleum exploration leases and there is limited existing petroleum production within the Shire. The exploration and production of these onshore resources is likely to require hydraulic fracture stimulation (fracking) technology which is new to the Shire.
In respect to current and future proposals for on-shore petroleum or other extractive industries, Council will;
a. Effectively consult communities within the Shire regarding onshore petroleum developments and represent the concerns and interests of these communities in decision-making on all matters relating to these developments; b. Assume a leadership role in negotiating with the State Government and resource companies to ensure that any petroleum or mineral resource projects in the Shire provide benefit to the community, and individuals within the community where appropriate; c. Ensure that the protection of the health of communities and the protection of groundwater
Shire of Carnamah Policy Manual – updated September 2021 Page 111 of 200 resources is afforded the highest priority in decision-making by the Shire; d. Support and advocate for the rights of communities and residents within the Shire to clean water, clean air, and enjoyment of land without pollution or nuisance; e. Support and advocate for the existing economic land uses within the Shire to continue to operate unhindered by impacts of petroleum or extractive industries. f. Facilitate an open dialogue and discussion within the community of all stakeholders, based on the sharing of accurate information to encourage an informed debate about issues related to mining.
Council support for specific onshore petroleum development or exploration proposals a. Council does not support further petroleum resource development within the Shire (including exploration) which has not first undergone thorough and independent assessment of environmental, health, agricultural and socio-economic impacts (including cumulative impacts) by the Environmental Protection Authority, Department of Health and other relevant agencies. b. The Shire of Carnamah will consider each proposal for petroleum resource development or exploration within the Shire by applying the follow criteria for decision-making. To be supported by the Shire, exploration and development must; • Undertake thorough community consultation and achieve demonstrated broad community support for development; • Maintain and protect the amenity and character of the Shire, and its existing communities and land uses; • Ensure zero impact on groundwater resources used for drinking, agriculture or other existing uses, including the catchment and recharge areas for these resources; • Ensure zero impact on the health of communities or individuals within the Shire; • Ensure that the impacts on Council infrastructure are adequately compensated for in the immediate and future life of that asset, and that the full costs are recovered for any additional infrastructure required; • Provide full transparency to the community regarding all environmental compliance and monitoring data, including air quality and groundwater monitoring results, chemicals used, and any other relevant information which must be disclosed in a timely manner. • Accept a ‘presumption of liability’ for any groundwater pollution that is detected in the vicinity oil and gas extraction operations and which can reasonably be associated with those operations. • Provide guarantees of full reparation and remediation of groundwater, land, infrastructure, public health or other unplanned impacts that arise from the development. c. The Shire of Carnamah is not willing to provide its support or assistance to proponents or other parties (including the State Government) who seek to undertake or promote petroleum activities within the Shire that do not meet these standards.
MINUTE NO: 364878 Policy Adopted: 19 November 2014 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 112 of 200 8. FINANCE
POLICY 8.1 FINANCIAL GOVERNANCE MANAGEMENT
8.1 FINANCIAL GOVERNANCE MANAGEMENT
POLICY
This financial governance policy should be read in conjunction with other financial management policies, which contains the local government’s overarching financial objectives.
OBJECTIVES: The Objective is to establishment financial management and governance principles to be applied to general financial decision making.
PRINCIPLES: The Shire of Carnamah makes decision in relation to financial matters in a prudent manner considering transparency, accountability and equality to result in good governance.
DEFINITIONS: Intergenerational equity: the equitable allocation of responsibility for funding the provision and maintenance of assets and facilities throughout their useful life.
STATEMENT OF POLICY:
General Principles The Shire will make decisions in relation to financial management and financial governance that encompass the following principles:
• Management of financial risk prudently, having regard to economic circumstances. Examples of financial risks to be managed prudently include: the level of council debt, commercial activities, community business activities, financial assets and liabilities. • Implement spending and rating policies to promote stability and predictability. • Fund physical assets with regard to intergenerational equity. • Manage and maintain physical assets to achieve the maximum useful life from the initial investment. • Ensure full, accurate and timely disclosure of financial information, unless commercial in confidence.
Operating results The Council will structure its budget to achieve an outcome where operating revenue (less capital contributions) is at least sufficient to meet operating expenses. The extent of any operating surplus will be dependent on the resources necessary to management the renewal of assets (including infrastructure assets and business activity assets) and considering intergenerational equity issues.
Cash Reserves Cash reserves are to be established and maintained to accumulate funds for the following purposes:
Shire of Carnamah Policy Manual – updated March 2021 Page 113 of 200
• To offset liabilities in respect of previously earned employee entitlements to the extent they require an outflow of funds not allocated in the annual budget. • To fund future strategic initiatives and the provision of new services and facilities to future residents. • To fund renewal of existing physical/built assets. • To smooth funding allocations over future years. • To buffer against unpredictable events. • To hold unspent grants and contributions. • To meet statutory obligations • Other purposes as determined by the Council from time to time.
Borrowing Borrowing will be undertaken in accordance with the Shire’s Borrowing Management Policy.
Regulatory Role Where the Shire operates in a competitive environment while providing a regulatory or statutory role in that environment it will maintain a management structure designed to minimises the potential for conflict between these two roles and encourage transparency to maintain confidence in its regulatory independence.
MINUTE NO: 20180606 Policy Adopted: 20 June 2018 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 114 of 200 POLICY 8.2 LONG TERM STRATEGIC FINANCIAL MANAGEMENT
8.2 LONG-TERM FINANCIAL PLANNING
POLICY
This Long Term Financial Planning policy should be read in conjunction with other Financial Management Policies, which contains the local government’s overarching financial objectives.
POLICY OBJECTIVES:
The objective is to establish a strategic financial framework to guide long term financial planning and its connection to the annual budget process.
PRINCIPLES:
The Shire of Carnamah will undertake long term strategic financial planning to assess the Shire’s future financial needs and to guide the development of the annual budget.
DEFINITIONS:
Nil
STATEMENT OF POLICY:
Long Term Financial Planning The Shire of Carnamah will prepare/update annually a long term financial plan that includes, but not limited to, the following components:
• Major underlying economic assumptions. • Projections of operating revenues and expenses for at least the next 10 years. • Expected rate yield and percentage change from previous periods. • Major capital outlays separated into components of new and renewal. • Variations in net debt levels. • Changes in the value of reserve balances. • Sensitivity analysis (changes most likely to affect the plan).
Every two/three years, the Shire will include, as a component of the long term financial plan, a strategic financial section which consists of at least the following:
Asset management planning for:
• Road Infrastructure • Drainage • Major Buildings
Shire of Carnamah Policy Manual – updated March 2021 Page 115 of 200 • Major Leisure Facilities • Major commercial activities (including airport and land development) • An analysis of the impact of future changes in services levels. • An explanation of the strategic financial direction and rationale underpinning the plan. • Details of the strategic initiatives contained within the financial plan.
Strategic financial parameters and targets.
Annual Budget
The annual budget is to be developed from a base being the first year of the Council’s adopted long term financial plan. Where the annual budget results in a projected financial result in major conflict with the stated strategic direction outlined in the most recent long term financial plan this is to be separately highlighted and explained in the annual budget.
MINUTE NO: 20180606 Policy Adopted: 20 June 2018 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 116 of 200 POLICY 8.3 BORROWING MANAGEMENT
8.3 BORROWING MANAGEMENT
POLICY
This Borrowing Management Policy should be read in conjunction with other Financial Management Policies, which contains the local government’s overarching financial objectives. A local government may borrow to perform the functions and exercise the powers conferred on it under the Local Government Act 1995.
POLICY OBJECTIVES:
The objective is to define the conditions under which to the Shire of Somewhere will consider the use of borrowings to fund its activities.
DEFINITIONS:
Intergenerational equity: the equitable allocation of responsibility for funding the provision and maintenance of assets and facilities throughout their useful life. General Revenue: Has the meaning as set out in Section 6.21(4) of the Local Government Act 1995. Community Business Activity: A Community Business Activity (CBA) is one which exhibits the following characteristics: There is an exchange of services or goods for consideration in a direct reciprocal relationship with the customer. There is potential for competition from external parties. The Activity has an imbedded community/economic development benefit in addition to a business focus. The activity is not regulatory in nature but may be established in accordance with a legislative obligation. The activity is capable of being outsourced in part or in full. The activity may be subject to the requirements of National Competition Policy. Commercial Activities: In the context of a local government function is one which exhibits the following characteristics: There is an exchange of services or goods for consideration in a direct reciprocal relationship with the customer. There is an expectation of a profit. There is, or potential for, competition from external parties. The activity does not emanate from a regulatory power. The function may be subject to the requirements of National Competition Policy.
STATEMENT OF POLICY:
The following is a general description of the Shire’s policy objectives with respect to borrowing management:
• Prudently manage the council’s borrowing to ensure sustainable funding. • Minimise borrowing costs. • Manage short-term cash flows in an efficient and prudent manner. • Maintain market confidence in the local government’s creditworthiness and financial stability.
Shire of Carnamah Policy Manual – updated March 2021 Page 117 of 200 • Plan future cash flow needs to assist with borrowing decisions. • Maintain sufficient liquidity to meet planned and un-planned cash flow needs. • Matching revenue sources to service debt.
To achieve prudent use of the Shire’s borrowing powers, debt repayments must be: matched by investments or assets that produce or have the potential to produce income that can service the debt, or matched by binding agreements entered into with external parties to service the debts (e.g. self-supporting loans for community groups), or Supported by identified specific revenue sources (e.g. Specified Area Rates) or Supported by specific general revenue sources (such as rates or fees and changes) or identified reductions in future operating expenditure sufficient to match the repayment schedule.
Purpose of Borrowing In general, the Shire will not borrow to fund operating expenditure. Borrowing is acceptable to fund: • Short-term peak working capital requirements (overdraft or short-term fixed amounts). • Investment in Major Land Transactions (Post Business Plan adoption). • Investment in Major Trading Undertakings (Post Business Plan adoption). • Investment in Community Business Activities. • Capital expenditure that provides a new intergenerational service or renews an existing service. • Transitional/bridging funding for projects or acquisitions Borrowing in exception to this policy and would only occur in either an emergency or when considered necessary and financially prudent on a case-by-case basis. In such cases, the Council would consider the special circumstances nature of the borrowing, its repayment terms and the source of funding.
Term of Debt
The maximum debt repayment period will be determined by taking into account: • The expected useful lives of assets financed by the debt, and Considerations relating to intergenerational equity. Debt repayments levels (both interest and principal) will be determined by: • The need to maintain prudent and sustainable debt levels. • Comparison with the borrowing levels of WA local governments with similar economic profiles. • Prevailing interest rates and possible future movements. • The need to re-negotiate borrowings at future periods. • The cash flow forecasts of any supporting asset used as a source of funds to service the debt. • The transitional or bridging nature of the borrowing. The Council will consider its forecast borrowing requirements as part of its plan for the future document published at least every two years, and The Shire’s long term financial plan, and the adoption of the annual budget. Borrowing Parameters
To help ensure that the Shire achieves the objectives of the borrowing management policy, the following outstanding borrowing parameters will prevail:
Shire of Carnamah Policy Manual – updated March 2021 Page 118 of 200 • Measurement ratio: (Total principal outstanding less self-supporting loan principal) • General Funds (S 6.21 Act) Restriction on Borrowings
To be prudent with it borrowing powers, the Shire will restrict its ‘own purpose’ borrowings to a measurement ratio of 0.80
A measurement ratio exceeding 0.80 may be specifically approved by a resolution of the Council providing the amount above the threshold relates to a community business or commercial activity (as defined) that generate positive cash flows sufficient to offset the debt repayments without a negative impact upon general revenue.
Interest Rate Risk
To promote interest rate predictability and a linkage with nominated revenue sources, the Shire’s preferred borrowing instrument is a fixed interest rate debenture. Within any total loan portfolio the maximum amount of loans with a variable floating interest rate is not to exceed 15%.
Institution Selection
In selecting the lender the Shire will undertake a transparent process which tests the current credit market and displays good governance principals.
Self-Supporting Loans
Borrowing in relation to a proposed self-supporting loan is to only occur after the following:
1. A formal application from an incorporated body with evidence of a minuted request from the controlling Board/Committee, and 2. Sufficient financial information to determine the external community groups capacity to repay the borrowing operational cash flows, and 3. For requests over $100,000 a formal business plan evidencing appropriate financial planning, and Security for the total of the loan in the form of personal guarantees or real property.
MINUTE NO: 20180606 Policy Adopted: 20 June 2018 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 119 of 200 POLICY 8.4 INVESTMENT MANAGEMENT
8.4 INVESTMENT MANAGEMENT
POLICY
The Investment Policy sets out the requirements for the management of the Shire of Carnamah's cash and investment portfolio.
STATEMENT OF POLICY: This policy sets the following objectives:
• safeguard the Shire of Carnamah's cash and investments portfolio; • achieve appropriate earnings; and • manage the Shire of Carnamah's cash resources to ensure sufficient liquidity to meet the Shire of Carnamah's business objectives over the long, medium and short term.
This policy reinforces the Shire of Carnamah's ongoing commitment to maintaining a conservative risk and return portfolio, which is an important feature of its ongoing prudent financial management practices.
SCOPE: This policy applies to all managers and employees who actively manage the Shire of Carnamah's cash and investments or have the responsibility for employees who actively manage the Shire of Carnamah's cash and investments.
LEGAL REQUIREMENTS: All investments are to comply with the following:
• Local Government Act 1995 – Section 6.14; • Trustees Act 1962 – Part III Investments; • Local Government (Financial Management) Regulations 1996 – Regulations 19, 19C, 28 and 49; and • Australian Accounting Standards.
PRUDENT PERSON STANDARD: The Shire of Carnamah requires that all investment activities be exercised with the care, diligence and skill of a prudent person, and not for speculative purposes. Officers shall not engage in activities that would conflict with the proper execution and management of the Shire of Carnamah’s investment portfolio. Any potential conflicts of interest should be appropriately disclosed to the Chief Executive Officer in accordance with the Shire of Carnamah's Code of Ethics.
Shire of Carnamah Policy Manual – updated March 2021 Page 120 of 200 APPROVED INVESTMENTS: Investments are limited to:
• interest-bearing deposits with an authorised deposit-taking institution (ADI) as defined in the Banking Act 1959 (Commonwealth) section 5 for a term not exceeding three years; • interest-bearing deposits with the Western Australian Treasury Corporation established by the West Australian Corporation Act 1986, not exceeding three years; and • bonds guaranteed by the Commonwealth Government, or a State or Territory Government for a maturity term not exceeding three years. • All investments are to be in Australian currency.
PROHIBITIVE INVESTMENTS: The Shire of Carnamah is not able to do any of the following:
• deposit with any institution except an authorised deposit-taking institution; • deposit for a fixed term exceeding three years; • invest in bonds that are not guaranteed by the Commonwealth Government, or a State or Territory Government; • invest in bonds with a maturity term of more than three years; nor • invest in a foreign currency.
In addition the Investment Policy prohibits any investment carried out for speculative purposes and includes derivative-based instruments such as mortgage and asset-backed securities, 'principal only' investments and 'stand-alone' securities such as Collateral Debt Obligations (CDO's).
DIVESTMENT: The Shire of Carnamah will seek opportunities to invest in financial institutions which do not invest in or finance the fossil fuel industry, subject to all such investments meeting the risk ratings, favourable returns and diversification limits set out in the Investment Policy.
RISK MANAGEMENT GUIDELINES: Investments must have a credit rating and the credit rating structure of the total portfolio must comply with the contents of the following table:
If any ADI's or investments are downgraded to an extent that they no longer comply, they will be divested as soon as practicable, subject to the risks of default and prevailing market liquidity. INVESTMENT ADVISOR: Council approval is required to appoint an Investment Advisor to provide expert financial advice. The Investment Advisor must be authorised by an entity licensed by the Australian
Shire of Carnamah Policy Manual – updated March 2021 Page 121 of 200 Securities and Investment Commission. The Investment Advisor is required to have no actual or potential conflict of interest in relation to investment products being recommended, and may recommend the most appropriate products within the terms and conditions of the Investment Policy. Managed funds on advice from the Shire of Carnamah's financial advisor, if limited to cash funds or cash plus funds, would take into account the need for funds over a twelve-month period and the security of the principal of the investment. In terms of the various risk levels, with any investment advisor/s approved by the Shire of Carnamah, the maximum amount of investment held on advice should not exceed 5% of average annual funds invested by the Shire of Carnamah.
AUDIT: All of the Shire of Carnamahs’ investments are to be held in the name of the “Shire of Carnamah”. Certificates are to be provided by the ADI and reconciled monthly to the Shire of Carnamahs’ financial records. The Shire of Carnamahs’ records are to show a clear and transparent record of investment holdings in accordance with terms, percentage exposure and maturities, and comply with the Local Government Act 1995 and its subordinate legislation.
REPORTING AND REVIEW: The Shire of Carnamah will maintain a separate record of money it has invested. Pursuant to the Local Government (Financial Management) Regulations 1996 the Shire of Carnamah will provide a monthly report to Council on investments. This report will include (among other things): • the total value of the portfolio; • net investment income for the month; and • a complete schedule of all investments within the total portfolio.
Investment performance will be measured monthly, in relation to both current and 12-month rolling returns, against an industry endorsed originated measure. The Shire of Carnamah will undertake an annual review of its Investment Policy. If there are any significant changes to the Act, regulations, issued guidelines, or if the market changes to a degree that warrants an earlier examination, the policy will be reviewed and referred to Council for further consideration.
MINUTE NO: 20180606 Policy Adopted: 20 June 2018 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 122 of 200 POLICY 8.5 FEES AND CHARGES SETTING
8.5 FEES AND CHARGES SETTING
POLICY
This policy applies to all fees and charges listed in the Fees and Charges Schedule published annually as part of the strategic planning and budget setting cycle. It also applies to any new fee that may be introduced and authorised for publication throughout the financial year, not previously included in the Fees and Charges Schedule.
OBJECTIVES:
The objective of this Policy is to provide guidance as to Council’s annual fees and charges process. It outlines the principles and methodology of how fees and charges are set according to criteria explained in this Policy. This policy also explains the process by which a new fee may be introduced and approved, if not previously included in the current Fees and Charges Schedule.
DEFINITIONS:
For the purpose of this policy:
• “Council” means the Shire of Carnamah. • “GST” means Goods and Services Tax on goods or services provided by Council. • “Fees and Charges Schedule” means the schedule that informs Council and residents of fees and charges published on Council’s website. • “Statutory Fees” means fees, charges and expiations set by statutory legislation and administered by Council. • “Discretionary Fees” means fees and charges set by Council where it has discretion as to the provision of the good or service being offered and what price is charged for it. • “Legislation” means all relevant State and Federal legislation and Council By-Laws. • “the Act” means the Local Government Act 1995 (WA). • “Pensioner Discount” means a discount of fees and charges provided to holders of aged or disability pensioner cards. It is not applicable to holders of health care cards.
STATEMENT OF POLICY:
Categories Fees and Charges are categorised into two (2) key components.
1. Statutory Fees and Charges are those that are set and regulated under the provisions of the legislation relevant to Council business. These fees are non-discretionary and must align with the relevant statute or current Ministerial advice. 2. Discretionary Fees and Charges are not regulated by legislative statute and are at Council’s discretion to determine.
Shire of Carnamah Policy Manual – updated September 2021 Page 123 of 200 Pricing Principles In determining discretionary fees and charges the factors outlined below will be considered as a minimum prior to the fee or charge being approved;
• the cost of providing the good or service; • the user’s ability to pay for the service; • the demand for the good or service by the community; • comparative market pricing with other like enterprises performing similar services, including Competitive Neutrality principles if they are relevant to the good or service being provided; and • the environmental and social benefit of the good or service being provided.
Pricing Methodology The predominant consideration when determining a fee or charge is the cost of providing the good or service. This determination will only apply where the following factors can be accurately established:
• the cost of the good or service provision; and • the ability of users to pay for that service.
If neither of these factors can be accurately and efficiently established, then the methodologies listed below will assist in determining a suitable price level for a good or service. It is the responsibility of the CEO to approve the selection of the appropriate pricing methodology which will be used to set discretionary fees and charges within their operational remit. If the CEO does not wish to use one of these methodologies, then they must gain the authority of Council to use another method for setting a fee or charge for the good or service being offered. The table below assists the determination process in which a fee or charge is set in each case.
CODE PRICING METHODOLOGY GUIDELINES
(a) the service benefits particular users, making a contribution to their individual income, welfare or profits or a private benefit being provided without any broader benefits to the community and; 1 Full Cost Recovery (b) Council has a monopoly over the provision of the service and there are no community service or equity obligations. The fee or charge is calculated on the full recovery of annual and maintenance costs, on-costs and overheads and debt servicing, if applicable. (a) the benefits from provision of the service accrue to the community as a whole, groups within the community or to individual users; (b) charging prices to recover full cost may result in widespread 2 Partial Cost Recovery evasion; (c) the service is targeted to low income users or a differential service fee is charged according to the classification of users to maximise access to the service and/or; (d) the service promotes or encourages local economic activity. (a) the service provided is in competition with that provided by another Council or agency (private or public) and there is 3 Council Comparative pressure to set a price which will attract adequate usage of the service and/or; (b) the service is a profit making activity and the price paid by users should recover an amount greater than the full cost of providing that
Shire of Carnamah Policy Manual – updated March 2021 Page 124 of 200 service. (a) the service is a regulatory or statutory service and where the fee is determined by Council in accordance with a pricing principle prescribed in regulations (eg a maximum price). 4 Statutory (b) the amount of the fee is prescribed in regulations, legislation or Council by-laws. Council has no discretion to determine the amount of the fee for a service when the amount is fixed by regulation or by another authority. The fee or charge is determined at a level greater than the 5 Demand Management direct cost of the service to provide a disincentive for use, or to recognise indirect costs associated with the provision of the service. The service is provided at no charge or has been specifically No Charge 6 excluded from any cost recovery.
Fees and Charges Review Cycle • The review of fees and charges is to be undertaken at least annually. • The commencement of the review is to coincide with and be subordinate to, Council’s strategic planning and the implementation of its annual business plan as part of the budget setting cycle. • All fees and charges are to be reviewed by each Council administrative delegate responsible for the maintenance and management of the service for which fees or charges may apply. This should be done in conjunction with the Finance team such that any budgetary analysis associated with fee changes can be undertaken and reflected in Council’s budget setting process. • Proposed fees and charges will be finalised by Administration within a sufficient amount of time so that the Fees and Charges Schedule can be considered for approval by Council as part of the budget setting cycle. • It is the responsibility of the Finance team to ensure the final annual review of fees and charges is integrated into the annual budget setting process.
New or Varied Fee Provisions Under the provisions of the Act, Council is to advertise all fees and charges, or the variation of a fee or charge, to the public. • A new fee, or the methodology for setting a fee, may be approved by Council outside of the normal annual fees and charges review cycle. • Once approved these additions or variations should be added to the Fees and Charges Schedule for the attention of users. • Council may also approve the variation of a current fee, or the methodology underpinning the fee, if it sees fit. • Once approved by Council the Fees and Charges Schedule should be amended to reflect the variation.
MINUTE NO: 20180606 Policy Adopted: 20 June 2018 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018 MINUTE NO: 20201004 Policy Reviewed: 18 November 2020
Shire of Carnamah Policy Manual – updated March 2021 Page 125 of 200 POLICY 8.6 DEFINITION OF CASH RESERVE ACCOUNTS
8.6 DEFINITION OF CASH RESERVE ACCOUNTS
POLICY
The following Reserve funds for the Shire of Carnamah are hereby defined:
Long Service Leave Reserve To be used to fund long service leave requirements.
Plant Reserve For the purchase of road plant, machinery and equipment.
Housing Reserve Providing for new dwellings and major renovations to existing dwellings.
Towns Enhancement Reserve Provision of townsite improvements as per townscape plan.
Coastal Initiatives Reserve The purpose of this reserve - at Council's discretion, and without limiting the generality of its use, is for such things as planning, research, and practical works which have specific or general benefit to coastal activities and the use of the coastal land and its adjacent seas.
Eneabba Pool Reserve To be used to fund future major maintenance for the Eneabba Swimming Pool.
Factory Units Housing Reserve To provide for long term maintenance of factory unit houses in Lucas Drive.
Joint Venture Housing (Single Persons’ Units) Reserve To provide for long term maintenance of the King Street single persons’ units.
Computer Reserve To provide for the replacement of hardware and/or software.
Land Subdivision Reserve To provide for future subdivision of residential, commercial or industrial land within the Carnamah townsite.
Carnamah Pool Reserve To be used to fund future major maintenance for the Carnamah Swimming Pool.
Resurfacing Playing Surface – Carnamah Tennis Courts For the future replacement of the synthetic playing surface on the Carnamah Tennis Courts.
Fair Value Asset Reserve To be used for the future fair valuation of assets.
Refuse Sites Reserve To be used for the future expansions of both the Carnamah and Eneabba refuse sites.
Joint Venture Housing (Aged Persons’ Units) Reserve
Shire of Carnamah Policy Manual – updated September 2021 Page 126 of 200 To provide for long term maintenance of the (APU) Caron Street units.
Roadworks Reserve To be used to fund future major repairs, renewals or upgrades of roads in the Shire of Carnamah.
Resurfacing Carnamah Bowling Green For the future replacement of the synthetic playing surface on the Carnamah Bowling green.
Staff Leave To be used to fund future sick and annual leave requirements.
Special Projects Reserve To take advantage of funding opportunities or undertake specific projects in the future when finances may be limited.
MINUTE NO: 9785 Policy Adopted: 19 June 1991 MINUTE NO: 364614 Policy Reviewed: 21 September 2011 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180304 Policy Amended: 21 March 2018 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 127 of 200 POLICY 8.7 ACCOUNTING PROCEDURES AND USES OF INCOME FROM COASTAL SQUATTERS
8.7 ACCOUNTING PROCEDURES AND USES OF INCOME FROM COASTAL SQUATTERS
POLICY Council shall establish and maintain a Reserve entitled "Coastal Squatters Initiatives Reserve". This fund shall be applied to the following purposes: i. administration of the Shire's coastal squatters plan in accordance with the State Government Policy on squatter shacks, and associated expenses; ii. management of coastal reserve 42477 in accordance with its vesting purpose (viz: "Parkland, Recreation, and the letting of cottages existing thereon on 18th May, 1992)", and the Memorandum of Understanding between the Shire and the Department of Conservation and Land Management in respect to Reserve 42477;
MINUTE NO: 14562 Policy Adopted: 15 February 1995 MINUTE NO: 364389 Policy Amended: 14 December 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 128 of 200
POLICY 8.8 RESERVE FUND INTEREST
8.8 RESERVE FUND INTEREST
POLICY That Council accumulates reserve fund interest in the Reserve Fund Account.
MINUTE NO: 18195 Policy Adopted: 12 June 1997 MINUTE NO: 364614 Policy Amended: 21 September 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 129 of 200
POLICY 8.9 IMPLEMENTING THE BUDGET
8.9 IMPLEMENTING THE BUDGET
POLICY Following the adoption of the budget, the CEO exercise his discretion in implementing the budget, including - a. The prioritising of work, unless otherwise directed by the Council; b. Whether or not to call tenders or sell by tender or auction where an obligation does not exist under the Act; c. Authorisation of overtime; d. Engagement of temporary staff; Provided always that costs are contained within budget allocations and subject to compliance with the Act and Council's policy statements.
MINUTE NO: 18195 Policy Adopted: 12 June 1997 MINUTE NO: 364614 Policy Reviewed: 21 September 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 130 of 200 POLICY 8.10 SHIRE OF CARNAMAH - CREDIT CARDS
8.10 SHIRE OF CARNAMAH - CREDIT CARDS
POLICY INTENTION • To provide guidelines for the control, use and responsibilities of Corporate Credit Cards by Council Officers. • To reduce the reliance on Council representatives carrying cash or Council cheques. • To reduce the reliance on Councillors and Council Staff making payments on behalf of Council. • To reduce the need for recouping of expenditure and incurred on behalf of Council by Councillors and Officers. • To provide a modern, professional and documented payment means when incurring expenditure on behalf of Council.
The Policy Definitions Credit Cards – Is defined as a facility allowing the card holder to pay for goods and services on credit. Business Expenses – Is defined as any expense necessary to the conduct of the business or is allowed under terms of the employee’s contract of employment. Personal Expense – Is defined as any expense not of a business nature.
1. Issue of Credit Card
• The Council may authorise the issue of a credit card to the Chief Executive Officer • The Chief Executive Officer may authorise the provision of a Corporate Credit Card to other employees, based on a business case supporting the request for the issue of a Corporate Credit Card.
2. Use of Credit Card
Corporate Credit Cards are to be used in situations where it is not reasonably possible to go through the Council's normal procedures for the ordering and/or payment for goods and services.
The following are approved methods of processing transactions: • Across the counter (the card holder signs a purchase slip at the time of purchase). • By telephone (the transaction is completed by quoting corporate card details to a supplier). In these circumstances the card holders must maintain a record of transactions. • By mail, quoting card number on orders to suppliers, eg. Library subscription renewals, book supplier accounts etc. Similarly records must be to be maintained of transactions. • By internet (the transaction is completed by quoting corporate card details to the supplier). In these circumstances the cardholder must maintain a record of transactions.
All holders of Corporate Credit Cards are in a position of trust in regard to the use of public funds and improper use of that trust may render the cardholder liable to disciplinary/legal action/criminal prosecution. Improper use includes misuse and/or fraudulent use.
Expenditure by Corporate Credit Card will be reviewed on a regular basis by the Council for compliance with guidelines.
Shire of Carnamah Policy Manual – updated March 2021 Page 131 of 200 3. Transactions Not To be Paid For By Credit Card The following transactions are examples of where the Corporate Credit Card is not to be used. • Any use that is of a personal or private nature. • Cash advances are not available. • Fines for example a motor vehicle parking fine or a speeding offence which was incurred while on Council business. • Payment for goods that are not available at the time (unless an internet or phone purchase).
4. Cardholders Responsibilities All holders of Corporate Credit cards must refer to and follow this policy and any procedures, which are provided with the cards when they are issued; • It is the cardholder’s responsibility to ensure the card is only used for approved purchases and that this can be clearly demonstrated. • Corporate credit cards are to be maintained in a secure manner and guarded against improper use. In the event a card is lost or stolen, cardholders must report the loss immediately to the accounts payable staff with as much detail as possible about the loss or theft. • Cards can only be used by the person whose name appears on the card. If the card is to be used on behalf of the nominated cardholder (eg: for conference, airline bookings etc) an order must be signed by the cardholder prior to the transaction being finalised. • The cardholder is responsible for all purchases on his or her card. Under no circumstance should a cardholder permit another person to use his or her credit card number to make a purchase. • Cards may only be used within the delegated authority of the cardholder and only in accordance with Council Policies/Procedures/Guidelines relating to the purchase of goods and services. • All documents relating to the transaction, including Council orders, receipts etc. must be attached to the monthly credit card statement and forwarded to the accounts payable staff. Full details are to be shown on the order, ie. Details of goods/services acquired, reason for expenditure and Council costing codes (job numbers). • Disputed amounts must be notified immediately to accounts payable staff.
5. Credit Card Reward Systems Credit cards are not to be tied to any type of reward system. Cardholders are not to receive any personal benefit or reward provided by credit card companies or from purchases made using the credit card.
6. Termination of employment Cards will be cancelled immediately on termination of employment of the cardholder.
7. Limit of Credit Card The limit of the credit card shall be as follows: Chief Executive Officer $5,000 Other Employees $3,000
8. Chief Executive Officer Responsibilities The Chief Executive Officer shall ensure that a register of all Corporate Credit Cards is maintained, and additionally shall monitor their use and ensure their return upon the departure of any employee who is the holder of such a card.
The responsible accounting officer shall ensure that:
Shire of Carnamah Policy Manual – updated March 2021 Page 132 of 200
• All statements are received and reviewed and issued to the cardholders. • The statements and documents received from the cardholders are reconciled. • A report is prepared where a card has been used contrary to any guidelines. • Any matters, which could affect the efficiency of card usage, are reported.
9. Reporting Requirements . The Shire of Carnamah corporate credit card statement of expenditure is to be endorsed by the Officer in whose name the card is issued as all expenditure items listed of the statement being authorised and undertaken by him/her. Within 14 days of receipt. If the card user is away the statement, must be signed by the card user on the first working day back at work. . The endorsed credit card statement of expenditure is to be included with the financial reports presented to Council in the Agenda for the next ordinary meeting of Council for Council Information.
10. General Conditions . Officers must surrender their Shire of Carnamah corporate credit card upon termination of his/her services within the Shire of Carnamah or when resolved to do so by Council. The financial intuition will be informed within 5 working days to cancel the credit card. . All Corporate credit card incentives (e.g. fly buys) are not to be acquired or accumulated by the Officer for his/her personal use or gain. Any such credit card incentives associated with the Shire of Carnamah corporate credit cards are to be utilised for the benefit of the Shire of Carnamah’s business expense operations only. . Upon receipt of a corporate credit card the recipient must endorse and date the accompanying letter from the issuing financial institution, to acknowledge they are in receipt of Shire of Carnamah credit card. These will be retained in records. . All expired Shire of Carnamah corporate credit cards are to be destroyed by the Chief Executive Officer upon receipt of a new or replacement card. Any breach of this policy is to be reported to Council for information and action if deemed necessary.
MINUTE NO: 341295 Policy Adopted: 17 June 2009 MINUTE NO: 364614 Policy Reviewed: 21 September 2011 MINUTE NO: 20180606 Policy Amended: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 133 of 200 CREDIT CARD PROCESS
1. Card user is to Sign & date letter from the financial institution for receipt of card
2. Card user is to retain receipts for transactions made with credit card and only make business related purchases.
3. Card user is to give receipts to Senior Finance Officer for attaching to the credit card statement when it is received and endorse the statement received from the financial institution by mail (not internet copy) within 14 days of receipt. If the card user is away the statement, must be signed by the card user on the first working day back at work.
4. Card users are to return all expired Shire of Carnamah corporate credit cards. These are to be destroyed by the Chief Executive Officer upon receipt of a new or replacement card
5. Officers must surrender their Shire of Carnamah corporate credit card upon termination of his/her services within the Shire of Carnamah or when resolved to do so by Council. The financial intuition will be informed within 5 working days to cancel the credit card.
Shire of Carnamah Policy Manual – updated September 2021 Page 134 of 200 POLICY 8.12 DEBT COLLECTION
8.12 DEBT COLLECTION
PREAMBLE
The purpose of the policy is to provide clear direction to staff as to how outstanding debts should be managed;
1. This policy shall be utilised when dealing with outstanding monies. 2. This policy shall be implemented on a day to day basis by the Deputy CEO. 3. Records shall be kept to ensure continuity of information for historical purposes. 4. All provisions of the Local Government Act 1995 relating to recovery of unpaid rate and service charges shall be adhered to at all times.
POLICY
Rates
1. All monies owed to Council are deemed to be overdue following a period of 35 days from the date of the original rates notice (excluding instalments options and payment arrangements). 2. At the expiration of the 35 day period Council shall issue a final notice giving the debtor a further 7 days to rectify the debt. 3. At the expiration of the 7 day period, if payment has not been forthcoming, then Council will issue a letter advising that legal action will be taken to recover this debt, that local court and bailiff costs associated with the issue of a summons are substantial, and once incurred will be added to the rates account for payment. 4. The matter is then handed to a debt collection agency, and all costs associated with debt collection action will be borne by the debtor. 5. Interest on outstanding monies shall be calculated on a daily basis at a level set at Council’s annual budget for monies outstanding for a period greater than 35 days in accordance with section 6.51(2) of the Local Government Act 1995. 6. If the debt continues to be outstanding after three years the process as per the Local Government Act 1995 Part 6 Division 6 Subdivision 6 will apply.
Arrangements to Pay Off Debt:
Requests for deferment and/or payment by instalments can be made verbally or in writing.
Note: Ratepayers who have made contact with Council seeking deferment of payment of rates and/or payment by instalment method or are the subject of a separate agreement, be exempt from legal action for recovery of outstanding monies unless the payment schedule has been defaulted. Applications from pensioners will be considered individually and be exempt from default procedures.
Footnote: Each debtor’s right to appeal in accordance with the provisions of the Local Government Act 1995 shall not be relinquished by anything in the policy.
Shire of Carnamah Policy Manual – updated September 2021 Page 135 of 200
Sundry Debtors
1. Issue of Invoice – Invoice is issued requiring payment within 30 days. 2. Issue of Statement – Statement is issued requiring payment within 14 days. 3. At the expiration of the 14 day period, if payment has not been forthcoming, then council will issue a letter of demand for payment, within 7days. 4. The matter is then handed to a debt collection agency, and all costs associated with debt collection action will be borne by the debtor. 5. Interest on outstanding monies shall be calculated on a daily basis at a level set at Council’s annual budget for monies outstanding for a period greater than 35 days in accordance with Section 6.13(6) of the Local Government Act.
MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 136 of 200 POLICY 8.13 ASSET MANAGEMENT
8.13 ASSET MANAGEMENT
PREAMBLE
The Policy provides clear direction in the provision and management of all Council’s assets. It seeks to ensure that assets support Council’s Strategic Vision and Objectives, deliver sustainable service outcomes and are provided at appropriate levels of service for present and future stakeholders. A key indicator of our asset management success is whether the Shire provides better services, not better assets.
POLICY
The Shire will plan for, acquire and manage appropriate assets that directly support the delivery of services in line with its Strategic Vision (Community Strategic Plan). Assets that do not support these services will be disposed of. To provide optimal management of these assets, the Shire will develop and implement an asset management framework. The framework will consist of a Vision, a Strategy and Management Plans.
The Shire’s asset management will: • Define agreed asset levels of service, matched with the associated resources and assets required to enable their delivery; • Manage assets in a whole-of-life and economically, environmentally and socially sustainable manner; • Balance decisions with other key Shire policies and functions; • Give priority to the needs of existing assets and services before new ones; • Commit to continuous improvement; and • Manage the risks associated with asset ownership and management.
Scope
This policy applies to physical assets which are required to be managed by the Shire and where their components have a useful life of more than one year and a replacement cost greater than $5,000.
The Shire considers physical assets (such as infrastructure, land, plant and equipment) to be any that support the delivery of one or more of the following services: • Property • Recreation • Transport • Fleet • Information Technology • Waste
The Asset Life Cycle (Whole of Life) For clarity, the following describes the Shire’s definition of its Assets’ Lifecycles. Lifecycle asset management involves the decisions made at each stage of an asset’s life, from conception to disposal. The decisions made at one stage may affect the asset’s performance and cost in others.
Shire of Carnamah Policy Manual – updated September 2021 Page 137 of 200 Conception/ Disposal Planning Disposal Service Needs Rationalisation Options Solutions
Renewal & Creation/ Replacement Acquisition Renewal Acquisition Replacement Construction Optimised Upgrade Performance Operation & Maintenance Day to day running Maintenance
MINUTE NO: 364621 Policy Adopted: 20 February 2013 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 138 of 200 POLICY 8.14 MATERIALITY FOR FINANCIAL REPORTING
8.14 MATERIALITY FOR FINANCIAL REPORTING
PREAMBLE
Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 requires that the monthly statement of financial activity includes budget estimates, and actual amounts of expenditure to the end of the month to which the statements relate.
Financial Management Regulation 34(5) states – Each financial year, a local government is to adopt a percentage or value, calculated in accordance with the AAS, to be used in statements of financial activity for reporting material variances.
POLICY
For the purposes of Local Government (Financial Management) Regulations 1996, Regulation 34(5), Council determines the amount of 10% variance of the budget items to be regarded as its material variance.
This policy is to be reviewed annually.
MINUTE NO: 313503 Policy Adopted: 15 March 2013 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 139 of 200 POLICY 8.15 SIGNIFICANT ACCOUNTING
8.15 SIGNIFICANT ACCOUNTING
As part of the Budget Adoption process each year, the Shire is to review its Significant Accounting Policies. These policies are to be adopted by Council and to form part of the Budget.
MINUTE NO: 20170413 Policy Adopted: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Change Officer Change Comment Made Responsible Approved Amendment Deputy CEO OCM 21/08/19 The Significant Accounting Policies are reviewed and form part of the Budget Adoption process each year. These are found in the Budget Document itself. This ensures that the requirements are kept up to date each year.
Shire of Carnamah Policy Manual – updated September 2021 Page 140 of 200 POLICY 8.16 COVID-19 FINANCIAL HARDSHIP
8.16 COVID-19 FINANCIAL HARDSHIP
PREAMBLE
This Policy is intended to ensure that we offer fair, equitable, consistent and dignified support to ratepayers and residents suffering hardship, while treating all members of the community with respect and understanding at this difficult time.
To give effect to our commitment to support the whole community to meet the unprecedented challenges arising from the COVID19 pandemic, the Shire of Carnamah recognises that these challenges will result in financial hardship for some of our ratepayers and residents.
SCOPE
This policy applies to:
1. Outstanding rates, service charges and other debts as at the date of adoption of this policy; and 2. Rates, service charges and other invoices levied for the 2020/21 financial year.
It is a reasonable community expectation, as we deal with the effects of the pandemic that those with the capacity to pay their debts will continue to do so. For this reason the Policy is not intended to provide relief to debtors who are not able to evidence financial hardship and the statutory provisions of the Local Government Act 1995 and Local Government (Financial Management) Regulations 1996 will apply.
PAYMENT DIFFICULTIES, HARDSHIP AND VULNERABILITY1
Payment difficulties, or short term financial hardship, occur where a change in a person’s circumstances result in an inability to pay a Shire debt.
Financial hardship occurs where a person is unable to pay debts without affecting their ability to meet their basic living needs, or the basic living needs of their dependants. The Shire of Carnamah recognises the likelihood that COVID-19 will increase the occurrence of payment difficulties, financial hardship and vulnerability in our community. This policy is intended to apply to all ratepayers and residents experiencing financial hardship regardless of their status, be they a property owner, tenant, business owner etc.
ANTICIPATED FINANCIAL HARDSHIP DUE TO COVID-19
We recognise that many ratepayers and residents are already experiencing financial hardship due to COVID-19. We respect and anticipate the probability that additional financial difficulties will arise when their rates are received.
Shire of Carnamah Policy Manual – updated March 2021 Page 141 of 200 We will write to ratepayers and residents at the time their account falls into arrears, to advise them of the terms of this policy and encourage eligible debtors to apply for hardship consideration. Where possible and appropriate, we will also provide contact information for a recognised financial counsellor and/or other relevant support services.
FINANCIAL HARDSHIP CRITERIA
While evidence of hardship will be required, we recognise that not all circumstances are alike. We will take a flexible approach to a range of individual circumstances including, but not limited to, the following situations:
• Recent unemployment or under-employment; • Sickness or recovery from sickness; • Low income or loss of income; and/or • Unanticipated circumstances such as caring for and supporting extended family.
Ratepayers and residents are encouraged to provide any information about their individual circumstances that may be relevant for assessment. This may include demonstrating a capacity to make some payment and where possible, entering into a payment proposal. We will consider all circumstances, applying the principles of fairness, integrity and confidentiality whilst complying with our statutory responsibilities.
PAYMENT ARRANGEMENTS
Payment arrangements facilitated in accordance with Section 6.49 of the Act are of an agreed frequency and amount. These arrangements will consider the following:
• That a ratepayer has made genuine effort to meet rate and service charge obligations in the past; • The payment arrangement will establish a known end date that is realistic and achievable; and • The ratepayer will be responsible for informing the Shire of Carnamah of any change in circumstance that jeopardises the agreed payment schedule.
In the case of severe financial hardship, we reserve the right to consider waiving additional charges or interest (excluding the late payment interest applicable to the Emergency Services Levy). These arrangements will also apply to debts other than rates and service charges with the Shire.
INTEREST CHARGES
A ratepayer or resident that meets the Financial Hardship Criteria and enters into a payment arrangement may request a suspension or waiver of interest charges. Applications will be assessed on a case by case basis.
Shire of Carnamah Policy Manual – updated March 2021 Page 142 of 200 DEFERMENT OF RATES
Deferment of rates may apply for ratepayers who have a Pensioner Card, State Concession Card or Seniors Card and Commonwealth Seniors Health Care Card registered on their property. The deferred rates balance:
• remains as a debt on the property until paid; • becomes payable in full upon the passing of the pensioner or if the property is sold or if the pensioner ceases to reside in the property; • may be paid at any time, BUT the concession will not apply when the rates debt is subsequently paid (deferral forfeits the right to any concession entitlement); and • does not incur penalty interest charges.
DEBT RECOVERY
We will suspend our debt recovery processes whilst negotiating a suitable payment arrangement with a debtor. Where a debtor is unable to make payments in accordance with the agreed payment plan and the debtor advises us (and in the case of rates, makes an alternative plan before defaulting on the 3rd due payment), then we will continue to suspend debt recovery processes.
Where a ratepayer has not reasonably adhered to the agreed payment plan, then for any Rates and Service Charge debts that remain outstanding on 1 July 2021, we will offer the ratepayer one further opportunity of adhering to a payment plan that will clear the total debt by the end of the 2021/2022 financial year.
Rates and service charge debts that remain outstanding at the end of the 2021/22 financial year, will then be subject to the rates debt recovery procedures prescribed in the Local Government Act 1995.
REVIEW
We will establish a mechanism for review of decisions made under this policy, and advise the applicant of their right to seek review and the procedure to be followed.
COMMUNICATION AND CONFIDENTIALITY
We will maintain confidential communications at all times and we undertake to communicate with a nominated support person or other third party at your request.
We will advise ratepayers and residents of this policy and its application, when communicating in any format (i.e. verbal or written) with a debtor.
We recognise that applicants for hardship consideration are experiencing additional stressors, and may have complex needs. We will provide additional time to respond to communication and will communicate in alternative formats where appropriate. We will ensure all communication with applicants is clear and respectful.
MINUTE NO: 20200408 Policy Adopted: 22 April 2020
Shire of Carnamah Policy Manual – updated March 2021 Page 143 of 200 9. STAFF
POLICY 9.1 JOB INTERVIEW EXPENSES
9.1 JOB INTERVIEW EXPENSES
POLICY It is Council policy that the interview expenses of job applicants will not be reimbursed by the Shire of Carnamah.
MINUTE NO: 2819 Policy Adopted: 18 September 1985 MINUTE NO: 364375 Policy Reviewed: 16 November 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 144 of 200 POLICY 9.2 EQUAL OPPORTUNITY POLICY STATEMENT
9.2 EQUAL OPPORTUNITY POLICY STATEMENT
POLICY This Council recognises its legal obligations under the Equal Opportunity Act, 1984, and will actively promote equal employment opportunity based solely on merit to ensure that discrimination does not occur on the grounds of gender, marital status, pregnancy, race, disability, religious or political convictions.
All employment training with the Council will be directed towards providing equal opportunity to all employees provided their relevant experience, skills and ability meet the minimum requirements for such training.
All promotional policies and opportunities with this Council will be directed towards providing equal opportunity to all employees provided their relevant experience, skills and ability meet the minimum requirements for such promotion.
All offers of employment within this Council will be directed towards providing equal opportunity to prospective employees provided their relevant experience, skills and ability meet the minimum requirements for engagement.
This Council will not tolerate harassment within its workplace. Harassment is defined as any unwelcome, offensive action or remark concerning a person's race, colour, language, ethnicity, political or religious convictions, gender, marital status or disability. The equal employment opportunity goals of this Council are designed to provide an enjoyable, challenging, involving, harmonious work environment for all employees where each has the opportunity to progress to the extent of their ability.
MINUTE NO: 5399 Policy Adopted: 15 June 1988 MINUTE NO: 364375 Policy Reviewed: 16 November 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 145 of 200 POLICY 9.3 TEMPORARY, PART TIME AND CASUAL EMPLOYEES - MEDICAL EXAMINATIONS
9.3 TEMPORARY, PART TIME AND CASUAL EMPLOYEES - MEDICAL EXAMINATIONS
POLICY That medical examinations and hearing tests not be required for temporary, part time and casual employees engaged for a period of four weeks or less
MINUTE NO: 6149 Policy Adopted: 19 April 1989 MINUTE NO: 364423 Policy Amended: 15 February 2012 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 146 of 200 POLICY 9.4 WORKPLACE - DRUGS AND ALCOHOL PROCEDURE
9.4 WORKPLACE - DRUGS AND ALCOHOL PROCEDURE
POLICY
The Shire of Carnamah recognises the effects on safety and job performance due to the abuse of drugs and alcohol. Being under the influence of a drug, or alcohol on the job poses serious safety and health risks not only to the user, but to all those who work with the user. The Shire of Carnamah has established the following procedure with regard to the use of drugs and alcohol. The unauthorised consumption of alcohol, or the sale or use of illicit drugs while at work is an unacceptable practice that could result in the termination of employment. This policy is applicable to all personnel at the workplace (including management) who may have an impact upon the safety of any person.
RELEVANT LEGISLATION
Occupational Safety and Health act 1984 Worksafe WA Guidance Note Alcohol and Other Drugs in the Workplace
OBJECTIVE
The objective of this policy is to implement an effective drug and alcohol program within the workplace. The aim of the program is: • To create a safe and healthy work environment for all personnel which is free from the hazards associated with drugs and alcohol in the workplace. • To foster an attitude amongst all employees that is not acceptable to come to work under the influence of drugs or alcohol that will prevent them from performing their duties in a safe manner. • To ensure that the Shire of Carnamah meets its legal obligations with respect to providing a safe working environment for their employees and the general public.
SCOPE
This policy applies to all Shire of Carnamah employees, including staff, volunteers and contractors from the Administration Office, Works Depot, Parks and Gardens and Rangers Departments. The Chief Executive Officer may approve the consumption of alcohol on Council premises under some circumstances i.e. social functions. Employees should be encouraged to organise alternative means of transport prior to the function, to avoid the possibility of their driving under the influence of alcohol.
DUTY OF CARE RESPONSIBILITIES The Shire of Carnamah and individual employees have a responsibility to ensure that they have met their “Duty of Care” Responsibilities outlined in the Occupational Safety and Health Act 1984. This means that all employees must ensure that they have taken action to ensure that the workplace is safe. It also means that employees are required to ensure that their own safety and avoid affecting the safety and health of any other person through any act or omission.
PRESCRIPTION AND OVER THE COUNTER DRUGS
The Shire of Carnamah is aware that prescription or over the counter drugs can be used for a wide range of reasons however it is also known that the use of prescription or “over the counter drugs” may impair a person’s ability to perform safely efficiently.
There are several types of drugs which may impair performance including but not limited to:
Shire of Carnamah Policy Manual – updated September 2021 Page 147 of 200 • Hypnotics and sedatives • Antidepressants • Antihistamines • Stimulants and appetite suppressants • Analgesics/Codeine
Employees taking prescribed drugs should obtain written advice from their doctor as to the effects of the drug that may be relevant to their job performance. They should also advise their employer/supervisor that they are taking a medication, which, on advice of their medical practitioner, is likely to affect their job performance and the nature of the effects of the medication.
It is important to note that if an employee fails to advise the employer that their performance may be impaired due to the taking of a prescribed or over the counter drug and they are involved in a safety incident and, the person affected will be required to leave the workplace (transport provided), and forfeit their entitlement for payment for the period of absence from the workplace.
Procedure
Step One – Removing the Employee from the Workplace.
Management will adopt normal observation and supervisory techniques in the first instance to identify potential problems where impaired performance is thought to be an issue. If an employee is identified as being in a state that is unsafe to continue work their supervisor or management representative will approach the employee and instruct them to cease work due to performance issues. The supervisor may ask the employee to move to a quiet area (office) to talk.
The supervisor or management representative shall inform the employee of the specific performance concerns and their observations. They shall also explain that the employee will not be allowed to continue working as their own safety and the safety of fellow workers may be impaired. People to act as witnesses or support may be used if required.
Step two – Employee Support and Referral
The supervisor or management representative is required to conduct a short investigation to determine why the employee is unable to work safely. It is important that this information is recorded.
The following action can be taken depending on the outcomes of the investigation;
• Identify alternative duties for the employee to undertake until they are well enough to resume normal duties. • Refer the employee to a medical practitioner for a medical assessment and fitness certificate.
Step Three – Disciplinary Action
If the employee is found to be consuming or under the influence of alcohol or any illicit drugs and cannot offer a suitable explanation then they will be subject to Councils normal disciplinary action.
Note: Persons suspected of being under the influence of alcohol or drugs may be requested to provide a blood or urine sample.
Shire of Carnamah Policy Manual – updated March 2021 Page 148 of 200 COUNSELLING
The Shire of Carnamah recognises that drug and alcohol use can have serious effects on people’s home and work lives. It is for this reason that counselling may be made available to employees to provide support.
MINUTE NO: 313380 Policy Adopted: 28 September 2005 MINUTE NO: 364375 Policy Reviewed: 16 November 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 149 of 200
POLICY 9.5 STAFF PRE-EMPLOYMENT PROCEDURES
9.5 STAFF PRE-EMPLOYMENT PROCEDURES
POLICY
All new staff employed will be required to undertake a medical examination at the Shire's expense.
MINUTE NO: 6149 Policy Adopted: 19 April 1989 MINUTE NO: 364375 Policy Amended: 16 November 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 150 of 200 POLICY 9.6 STAFF FURNITURE REMOVAL COSTS
9.6 STAFF FURNITURE REMOVAL COSTS
POLICY
As a matter of policy Council agrees to reimburse the furniture removal costs of new employees to a maximum of Six Thousand Dollars ($6,000) unless otherwise stated in an employee’s contract of employment, on the following basis:
i. Three (3) quotations shall be submitted, and the Chief Executive Officer be authorised to determine the most suitable.
ii. 50% of the removal cost will be paid on the presentation of receipts.
iii. The remaining 50% will be paid at the end of 1 year (12 months) service provided that where an employee terminates his or her own services before the completion of 2 years (twenty four months) service he or she shall reimburse the initial 50% reimbursement.
iv. Fuel expenses and/or hire of a removal trailer or van used in self-relocation will be reimbursed in accordance with the policy on the production of receipts able to be verified as applicable to the relocation of household furniture and effects.
This arrangement shall be recognised between the Shire and the employee by a simple form of contract (Appendix 5).
MINUTE NO: 6028 Policy Adopted: 15 March 1989 MINUTE NO: 364375 Policy Amended: 16 November 2011 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Amended: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 151 of 200 Appendix 5: Furniture Removal Cost Reimbursement Agreement
Between
The Shire of Carnamah and ______
The Carnamah Shire Council and ______hereby agree that the Shire having agreed to pay the furniture removal cost of the employee, the employee agrees that in the event of terminating his or her services prior to the completion of two year’s service with the Shire he or she shall reimburse to the Shire 50% of any furniture removal costs of the employee paid by the Shire.
Removal cost agreed - $______
______Chief Executive Officer Date
______Witness
______Employee Date
______Witness
Shire of Carnamah Policy Manual – updated March 2021 Page 152 of 200 POLICY 9.7 EMPLOYEE HOUSING
9.7 EMPLOYEE HOUSING
POLICY Council seeks to provide staff housing to these minimum standards and under these conditions -
Rental Rental on Council owned accommodation will be that as determined by Council in its annual review of fees and charges.
Allocation of housing 1. The following Council houses shall be reserved for the use of senior staff (Chief Executive Officer; Deputy Chief Executive Officer, Manager Works and Services) –
• Lot 90 Lucas Drive • Lot 106 Lucas Drive • Lot 110 Bowman Street The CEO shall determine occupation of other Council houses which best suits staff requirements, in relation to housing available at a given time. 2. Employees that have to be accommodated by Council will firstly be accommodated in any available Council owned housing, excluding that housing set aside for senior staff. 3. Council housing shall not normally be available for private rental. Requests for private rental shall be referred to Council for determination.
Services 1. Council accepts responsibility for the costs of water services and rubbish removal with all its residential properties.
2. It also agrees to pay the cost of all telephone calls from the following dwellings, subject to these costs being clearly identified against each dwelling in accounts for payment. • Chief Executive Officer's dwelling • Deputy Chief Executive Officer's dwelling • Manager of Works and Services dwelling;
3. For employees accommodated at the King Street "Carnamah Units", Council will meet the cost of water consumption. For all other employees residing in Council housing, Council will pay up to 620 kilolitres of water consumption per annum.
4. A refundable bond of four (4) weeks rent shall apply to new tenants commencing occupancy of Shire housing as from 21st May 1997. This bond shall be held against any damages that may occur to Shire housing caused by negligence or malicious behaviour by the tenant or their family. This is not applicable for senior staff.
Repairs 1. Each employee prior to employment shall enter into an agreement with the Council agreeing to pay for any damages to the dwelling that may occur through negligent or malicious behaviour by the employee or their family or friends. Fair wear and tear is acceptable and will be corrected by routine maintenance.
2. Council staff in Council housing are permitted to paint and carry out minor renovations to their residence, subject to the approval of the Chief Executive Officer.
Shire of Carnamah Policy Manual – updated September 2021 Page 153 of 200 Inspections 1. Shire staff shall carry out an annual inspection of all Council housing in the first half of each calendar year to determine renovation and maintenance requirements for the forthcoming budget year. The tenant will receive a minimum of 72 hours notice of such inspection. 2. An inspection and inventory of Council housing shall be carried out before and at the expiry of any tenancy.
Dogs Dogs shall not be permitted inside Council dwellings other than laundries. No dogs are allowed in the King Street units.
Light Fittings Prior to an employee taking occupancy of one of the Shire's dwellings, the Shire shall ensure that all light fittings and power points are in good working order, any blown or missing globes shall be replaced. The employee shall then be responsible to ensure that all globes and in good working order at all times and prior to vacating the dwelling.
Garden Maintenance Basic lawns and gardens exist at employee housing properties. It is the responsibility of the employee to regularly water and maintain the lawns and gardens to an acceptable standard; Mature trees will only be lopped or removed with approval from the CEO, and only where they are causing damage to structures on the property, waste disposal system, or neighbouring properties; or are in a dangerous condition; Tenants shall not remove existing established shrubs, trees, lawns or gardens without approval from the CEO. Any additional plantings by tenants will have due regard for the suitability of the proposed plants, and their proximity to buildings and waste disposal systems.
Employees in Council Housing Employees residing in a Council owned property are to be charged rental at 25% of the amount detailed in the annual fees and charges adopted as part of the budget process.
Employees in Own Accommodation • Where employees have their own housing, whether shared, rented or owned, a subsidy equal to the average amount paid for Council Rates in the townsite, ESL Levy and Water Rates is to be remitted by Council to the employee via the payroll system on a fortnightly basis. • The amount of allowance paid to employees is delegated to the Chief Executive Officer to be reviewed on an annual basis. • The allowance is to be paid to all employees that are not in Shire owned accommodation regardless of whether they live within or outside of the Shire of Carnamah. • Should more than one employee reside at one residence only one allowance will be paid. • This policy does not apply to Managers or employees where housing is negotiated as part of their employment terms and conditions. • That where a Manager relinquishes their negotiated housing as per the above dot point 5, then this Policy will apply. • Part time employees will be paid the allowance on a pro rata basis.
MINUTE NO: 158 (Old 7.2) Policy Adopted: 20 July 1983 Old Policies 7.2, 7.4, 7.5, 7.6, Pt 7.9, 7.10 Amalgamated to form new Policy 7.1 MINUTE NO: 364591 Policy Reviewed: 17 August 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 154 of 200 POLICY 9.8 HARASSMENT
9.8 HARASSMENT
POLICY Council supports the concept that every employee, elected member and member of the public employed by or engaged in business with the Council, has a right to do so in an environment which is free from harassment. Council considers harassment to be an unacceptable form of behaviour which will not be tolerated and recognises that harassment is unlawful.
Harassment is any conduct of a nature (whether physical, verbal or non-verbal) which is unwelcome and unsolicited and rejection of which may disadvantage a person in their employment or their life in general. The following examples may constitute harassment when they are considered offensive to an employee, elected member or member of the general public:
• Deliberate and unnecessary physical contact such as patting, pinching, fondling, kissing, brushing against, touching. • Subtle or explicit demands for sexual activities or molestation. • Intrusive enquiries into a person's private life. • Uninvited and unwelcome jokes that have a sexual/harassing undertone. • Unsolicited leers and gestures of an inappropriate nature and the display within the workplace of inappropriate and/or offensive material.
Appropriate disciplinary action will be taken against any individual found to be engaging in such conduct.
Council recognises that harassment can undermine health, performance and self-esteem of individuals and has the potential to create a hostile and intimidating environment. Council is therefore committed to any reasonable action which ensures the absence of harassment in the workplace.
Any complaints of harassment made against another person associated with the Council will be viewed seriously, treated confidentially and properly investigated.
Any person making a claim of harassment will be protected at all times.
Transfer of staff or face to face meetings between the complainant and the person whose behaviour has been found to be unwelcome will not occur without the prior consent of both parties.
An employee whose health or work performance has been affected by harassment will not have their employment status or conditions disadvantaged in any way.
A formal complaints/grievance procedure is attached to this Policy and will be utilised to effectively resolve complaints of harassment.
COMPLAINTS / GRIEVANCE PROCEDURE
Introduction All complaints of harassment will be treated confidentially and resolved promptly. Wherever possible, the handling of complaints and resolution of such will be at the workplace where they occurred. Care will be taken throughout the investigation to ensure that neither the complainant nor the alleged harasser are victimised.
Shire of Carnamah Policy Manual – updated September 2021 Page 155 of 200 It is recognised that cases of harassment may occur between supervisor and employee and as such, alternative methods of raising complaints are provided for by this procedure.
Procedure
1. A complaint of harassment may be lodged with any of the following persons: • Immediate Supervisor (except where this person is the alleged harasser) • Chief Executive Officer • Union Shop Steward • President (only if the alleged harasser is the Chief Executive Officer)
2. A person receiving a complaint of harassment will: • Decide, in consultation with the complainant, whether the matter can be resolved at this level or whether it should be referred to a more senior level of management. • Assure the complainant that all details of the complaint will be treated confidentially, and allow the person to decide on procedure. • Prepare a confidential report for the Chief Executive Officer on the nature of the complaint and ensure follow-up reports are provided until the matter is resolved. • Ensure no information regarding the complaint is discussed outside this procedure.
3. The person handling the complaint, whether it is the person who received the complaint or a more senior person, will, with the approval of the complainant: • As soon as possible, advise the alleged harasser of the nature of the complaint and provide an opportunity for that person to comment. Where appropriate the alleged harasser should be requested to discontinue any perceived unwelcome behaviour. • Advise the alleged harasser of the right to contact their Union for advice and representation. • Advise the alleged harasser that no disciplinary action will be taken without the person being given the opportunity to be heard. • Keep simple, brief notes of the facts of the interviews held with both the complainant and alleged harasser.
4. If it is not possible to resolve the complaint simply by discussion with the complainant and the alleged harasser: • The matter will be investigated and where the complainant or the alleged harasser is a member of a Union, the Union will be party to the investigation. • All documentation relating to the complaint will remain confidential and will not be produced or made available for inspection, except on the order of a Court or a request from the Commissioner of Equal Opportunity.
5. During the period of the investigation of a case of serious harassment: • If requested by either party or by management, alternative working arrangements may be made.
6. If, following investigations and resolution, a complaint is judged to have foundation: • Appropriate remedial action will be taken including where appropriate disciplinary/counselling action appropriate to the circumstances and/or seriousness of the matter. • A record of the detail of the disciplinary action will remain on the employee's personal file for a period of 12 months, whereupon the record will be destroyed unless otherwise decided by the Chief Executive Officer.
7. If, following investigation, a complaint is judged to have no foundation:
Shire of Carnamah Policy Manual – updated March 2021 Page 156 of 200
• The complainant will be counselled and if it is considered that the complaint was made frivolously or maliciously, disciplinary action may be taken against the complainant. • Continued reference to a complaint and its aftermath could be considered as either a continuing or new incident of harassment.
MINUTE NO: 15721 Policy Adopted: 20 September 1995 MINUTE NO: 364375 Policy Reviewed: 16 November 2011 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Appendix 6: Shire of Carnamah Memorandum to Staff - Harassment Policy
SHIRE OF CARNAMAH MEMORANDUM TO STAFF HARASSMENT POLICY
Council has recently adopted a policy which aims to prevent the occurrence of harassment at all levels of its activities, whether this involves staff, elected members or the general public.
Council is committed to providing an environment which is free from harassment and considers harassment to be an unacceptable form of behaviour that will not be tolerated.
Harassment is any uninvited action of an inappropriate and/or sexist nature that undermines health, performance and self-esteem and has the potential to create a hostile and intimidating environment. It covers a range of physical, verbal and non-verbal behaviour of an inappropriate and/or sexist nature experienced by staff, elected members or the general public.
A copy of the Harassment Policy is attached, together with a formal Complaints/Grievance Procedure.
Any complaints of harassment made against another person associated with the Council will be viewed seriously, treated confidentially and properly investigated.
All staff are urged to thoroughly read the Harassment Policy and Complaints/Grievance Procedure. Your supervisor is available to assist you should any queries or issues arise.
{Name} CHIEF EXECUTIVE OFFICER
Shire of Carnamah Policy Manual – updated March 2021 Page 157 of 200 POLICY 9.9 SENIOR EMPLOYEES DESIGNATIONS
9.9 SENIOR EMPLOYEES DESIGNATIONS
POLICY That Council define its "other senior employees" as Deputy Chief Executive Officer, and Manager of Works and Services.
MINUTE NO: 16780 Policy Adopted: 15 May 1996 MINUTE NO: 364375 Policy Amended: 16 November 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 158 of 200 POLICY 9.10 OVERTIME - EXTERNAL WORKS CREW
9.10 OVERTIME - EXTERNAL WORKS CREW
(Excludes Swimming Pool Managers, Ranger/Caravan Park Caretaker, and Cleaners)
PREAMBLE Clause 21 of the Municipal Employees (Western Australia) Interim Award 2021 provides that: 21.4.4(1) An employer may require an employee to work reasonable overtime at overtime rates. 21.5 No Union or association party to this award, or employee or employees covered by this award, shall in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this sub-clause".
It is reasonable to provide forewarning to employees of impending overtime. Nevertheless there will be occasions when overtime will be required without warning. Overtime is usually required where major projects are in progress, or it is necessary to take advantage of working conditions - eg: moisture for maintenance grading; or to finish a job on a given day.
POLICY All employees will be required to work reasonable overtime dependent on works needs. Reasonable overtime is deemed to be up to two (2) hours per week day on the occasions it is required by the employer. Prior notification is deemed to be no later than knock-off time on the preceding day. It shall be compulsory for any employee to work reasonable overtime when required, having received prior notification.
Where overtime is required on a day without prior notification, it shall not be compulsory for an employee to work such overtime, except in an emergency situation as determined by the employer. In this event, the prior commitments of employees will be considered against the need for overtime and will be a factor as to whether overtime is worked or not.
MINUTE NO: 17818 Policy Adopted: 20 February 1997 MINUTE NO: 364375 Policy Reviewed: 16 November 2011 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 159 of 200 POLICY 9.11 CONTROL OF CONTRACTORS (OCCUPATIONAL SAFETY & HEALTH)
9.11 CONTROL OF CONTRACTORS (OCCUPATIONAL SAFETY & HEALTH)
1. CONTRACTORS RISK AND INSURANCE Tender and contractual documentation should contain the clauses that are set out below:
1.1 The contractor shall be solely responsible for the services and shall bear the sole risk for any loss or damage whether to any person or property caused by or resulting from directly or indirectly, any act or omission of the contractor or any default or negligence by the contractor irrespective of any negligence, default or breach of statutory duty on the part of the Council.
1.2 The contractor shall indemnify and keep indemnified the Council from and against any loss or damage and against all claims, demands, proceedings, costs, changes and expenses whatsoever arising out of any act or omission of the contractor and any default by the contractor irrespective of any negligence, default or breach of any statutory duty on the part of the Council.
1.3 The contractor shall, at the contractors own expense, procure and maintain and shall ensure that all sub-contractors shall procure and maintain the following insurances, such insurance shall be specifically endorsed so that it is deemed primary to any insurance effected by or on behalf of the council and shall contain a cross liability clause which shall treat each of the insured parties as if a separate policy had been issued to each of them; a. public liability insurance for an amount of not less than $5 million for any one accident or occurrence in the name of the council and the contractor
b. third party property damage insurance of not less than $5 million in respect of any motor vehicles, plant or equipment used in the performance of the contracted services
c. if the contractor or any sub-contractor employs any person or persons to perform the services or any part thereof, documentation certifying current workers compensation insurance, public liability insurance and third party damage insurance to the specifications, and the criteria demanded by the contractor must be provided to council before the commencement of any services
d. if the contractor or any sub-contractor employs any person or persons to perform the services or any part thereof, awareness and compliance of the council occupational safety and health guidelines and policy must be provided and acknowledged.
e. any other insurance which is required by the laws of the Commonwealth of Australia and the State of Western Australia and as amended by these guidelines following its review. 1.4 The implementation and maintaining of all insurances as required under these guidelines shall in no way limit the obligations or responsibilities of the contractor under these guidelines. 1.5 The contractor shall provide council, prior to the commencement date, certificates of currency for all insurances that provide evidence of validity and currency of the insurance policies.
SAFETY OBLIGATIONS OF CONTRACTOR • The contractor is to supply all necessary equipment to complete the task. This shall include Personal Protective Equipment. The Shire Officer must satisfy him/herself with the requirements of statistical legislation, Australian Standards and specific requirements of the Shire of Carnamah.
• The Officer/s responsible shall ensure that the contractor/s and all persons involved have been made fully aware of the procedures, hazards and other relevant information necessary to ensure the safe working of such contractors.
Shire of Carnamah Policy Manual – updated September 2021 Page 160 of 200 • The minutes of this meeting to be documented and signed by the CEO and the manager of the contracting company. • The successful contractor will be given a copy of the Shire of Carnamah's Safety Induction booklet to which the contractor will be responsible to ensure all his employees are aware, have knowledge and understand the safety requirements and procedures of the Shire's safety induction booklet. • Contractor documentation must include clauses to enforce the Shire's safety requirements. • All contractors must be under the control of a competent person appointed by the manager of the contracting company to enforce the statutory safety obligations, requirements and specific requirements and procedures of the Shire of Carnamah. • Nothing in preceding clause shall restrict the Council or its representative from stopping dangerous work or practices and requiring the contractor to take immediate remedial action to comply with safety requirements. • The contracting company shall provide employees and supervisors who are competent and adequately trained to complete the job. • The contractor shall ensure an adequate standard of housekeeping to keep the area free from hazards. • The contractor shall ensure that their activities will not endanger the personnel of the Shire of Carnamah, ratepayers or members of the general public. Work in progress must be left in a safe manner at the end of a shift or for the duration of non-attendance. • The authorised officer, when selecting a contractor, will ensure that all safety and health criteria are met by the tenderer. • The contractor will be required to sign and comply with the Shire of Carnamah's Contractor Safety Equipment Requirements (Appendix 7).
2. TERMINATION
2.1 The Council may terminate its agreement with the contractor immediately upon written notice to the contractor if the contractor fails to work with due diligence or expedition, or makes default in the performance of or observance of any covenant, condition or stipulation contained in these guidelines and the agreement made with the contractor, or refuses or neglects to carry out any instruction which the Council is empowered to give or make under these guidelines.
2.2 The Council may terminate its agreement with the contractor immediately upon written notice to the contractor if the contractor enters bankruptcy or enters into liquidation, a deed of assignment, deed of arrangement or similar style process with creditors, or commences to carry on business under a receiver for the benefit of its creditors or any other party.
Shire of Carnamah Policy Manual – updated March 2021 Page 161 of 200 Appendix 7: Contractor Safety Equipment Requirements
As a contractor working for the Shire of Carnamah, the Council wishes to advise you of the safety standards you and your staff/subcontractors are required to work to. a. All contractors and their employees involved in outdoor labouring, plant operating duties, shall wear the following protective clothing; • ASA approved safety footwear • Approved safety vests • Protection from ultraviolet sunlight rays • The Shire of Carnamah recommends wearing of long sleeve shirts, long trousers, broad brimmed hats and sunscreen (SPF 15+). Approved long shorts can be worn as an alternative to trousers. • Contractors staff engaged in the following activities must wear long trousers or overalls or other approved protection devices at all times when undertaking: o Handling/spraying of pesticides/chemicals o Bituminous roadway works o When using chainsaws, mowers, brush cutters etc o Mechanical fitting, welding etc o Working in trenches/laying pipes in excess of 1 metre in depth o Other tasks where safety tasks require. • Gloves where hand protection is necessary. Safety glasses where eye protection is necessary. • ASA hearing protection (ear muffs) when working with equipment emitting noise levels greater than 85 dB(A). • Wet weather protection when working in wet areas or inclement weather. b. Before undertaking works on roadways/reserves/property, contractors and their employees shall: • Ensure the work site is protected/signed to protect themselves and the general public. • In conjunction with the Shire of Carnamah supervisors, check with all relevant service authorities for service locations above and below ground level. Damage to these services once located is the responsibility of the contractor. • Where any damage is caused to property, staff or equipment, or accident or near miss occurs on the work site, it shall be reported to the Council Safety Officer, Supervisor or other appointed person immediately. • All contractors shall ensure their staff hold the appropriate licences to operate all equipment on site. All equipment on site shall meet the relevant requirements of the Road Traffic Act (legally registered where necessary and Certification of Classified Plant where required as per the requirements of WorkSafe WA and have the necessary safety protection for the operator. • Where contractors are engaged to undertake any works for Council, they shall supply a copy of their Public Liability Insurance cover to the Shire Deputy Chief Executive Officer. The minimum covers shall be $5,000,000. • Where the contractor fails to meet with these safety guidelines, the Shire's CEO or other appointed person in charge of operations, may suspend works at no cost to the Shire of Carnamah. Works shall not recommence until the safety concern has been rectified by the contractor.
I ______of ______Name Company agree to comply with the above Shire of Carnamah Work Safety Provisions and recognise that I will be liable for failure to meet with the requirements.
______Signed ______Witness ______Date
{name} CHIEF EXECUTIVE OFFICER
Shire of Carnamah Policy Manual – updated September 2021 Page 162 of 200 POLICY 9.12 PERFORMANCE REVIEW STANDARD
9.12 CEO PERFORMANCE REVIEW STANDARD
PREAMBLE
The Local Government Legislation Amendment Act 2019 includes a requirement for model standards covering the performance review of local government Chief Executive Officers (CEOs).
The model standards are prescribed in the Local Government (Administration) Amendment Regulations 2021.
A local government is required to annually review the performance of a Chief Executive Officer (CEO) in accordance with the provisions of the Local Government Act 1995. This includes the key legislation regarding the performance review process: Sections 5.38, 5.39A and 5.39B of the Local Government Act and Regulation 18FA of Local Government (Administration) Regulations 1996.
POLICY
The minimum standard for recruitment and selection will be met if: S2.1 Performance criteria is specific, relevant, measurable, achievable and time-based.
S2.2 The performance criteria and the performance process are recorded in a written document, negotiated with and agreed upon by the CEO and council.
S2.3 The CEO is informed about how their performance will be assessed and managed and the results of their performance assessment.
S2.4 The collection of evidence regarding performance outcomes is thorough and comprehensive.
S2.5 Assessment is made free from bias and based on the CEO’s achievements against documented performance criteria, and decisions and actions are impartial and transparent.
S2.6 The council has endorsed the performance review assessment by absolute majority.
Application of the Policy 1. That a suitably qualified and experience HR consultant be contracted to co-ordinate the CEO Performance Review process. 2. That the performance of the CEO be reviewed upon the anniversary of the contract each year using the agreed performance criteria. 3. That part of the ordinary Council meeting prior to a review be closed to enable all councillors to have input into the review of the CEO's performance. 4. That the performance review be carried out by Council and the HR consultant in a closed meeting with the CEO. 5. That a record of the process and outcomes is prepared by the CEO and provided to all Council members on a confidential basis.
MINUTE NO: 18195 Policy Adopted: 12 June 1997 MINUTE NO: 364375 Policy Amended: 16 November 2011 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018 MINUTES NO: 20210306 Policy Amended:17 March 2021
Shire of Carnamah Policy Manual – updated March 2021 Page 163 of 200 POLICY 9.13 STATUTORY AUTHORISATIONS
9.13 STATUTORY AUTHORISATIONS
POLICY
To comply with provisions of the Local Government Act 1995 and Building Act 2011, with relation to statutory appointments.
LOCAL GOVERNMENT ACT 1995
Part 3 - Divsion 3, Subdivision 2 - Certain Provisions about Land s3.24 The powers given to a local government by this subdivision can only be exercised on behalf of the local government by a person expressly authorised by it to exercise these powers. The powers concerned deal with: 1. Schedule 3.1 Powers under notices to owners/occupiers requiring them to do certain things on their land eg: to make safe a tree on the land that endangers any person or thing on adjoining land. 2. Schedule 3.1.Particular things local governments can do on private land that is not Local Government property eg: taking gravel for road works.
That the CEO, Deputy CEO and Manager of Works and Services be authorised to exercise powers on behalf of the local government under section 3.24..
Part 3 - Division 3, Subdivision 3 - Powers of Entry
This subdivision requires persons to be authorised to exercise powers of entry, where entry is required to perform a function under the Act, other than under a local law. That the CEO, Deputy CEO and Manager of Works and Services be authorised to exercise powers of entry to land under this subdivision.
Part 3 - Division 3, Subdivision 4 - Impounding abandoned vehicle wrecks and goods involved in certain contraventions s3.39(1) An employee authorised by a local government may remove and impound any goods involved in a contravention that can lead to impounding.
That the CEO, Deputy CEO and Manager of Works and Services, and Environmental Health Officer / Building Surveyor be authorised to remove and impound goods under section 3.39 of the Act.
Part 9 - Division 2, Subdivision 1 - Enforcement and Legal Proceedings s9.10(1) A local government may, in writing, appoint authorised persons for particular (enforcement) functions.
The particular functions are:
S9.11(1) requires a person to be authorised to demand a person suspected of committing an offence to provide their name, placed of residence and date of birth. s9.13(1) requires a person to be authorised to give notices where a vehicle offence is alleged to have been committed.
Shire of Carnamah Policy Manual – updated September 2021 Page 164 of 200 That the CEO be authorised to exercise powers under Part 9, Division 2, Subdivision 1 of the Act.
Part 9 - Division 2, Subdivision 2 - Infringement Notices s9.16 An authorised person can issue an infringement notice for an alleged offence against a regulation or local law. s9.17 An infringement notice is to invite payment of the modified penalty to an authorised person within 28 days. Such person/s cannot be the one who issued the infringement notice. s9.19 An authorised person may extend the time of payment of a modified penalty. Such person/s cannot be the one who issued the infringement notice. s9.20 An authorised person may withdraw an infringement notice. Such person/s cannot be the one who issued the infringement notice. S9.23 A person who is authorised to give infringement notices under section 9.16 is not eligible to be an authorised person for the purposes of section 9.17, 9.19 or 9.20.
BUILDING ACT 2011
A local government may, by instrument in writing, designate a person employed by the local government under the Local Government Act 1995, as an authorised person for the purposes of this Act in relation to buildings and incidental structures located, or proposed to be located, in the district of the local government.
That the Chief Executive Officer, Deputy CEO, Environmental Health Officer / Building Surveyor be authorised to exercise powers under the Building Act 2011.
MINUTE NO: 18195 Policy Adopted: 12 June 1997 MINUTE NO: 364375 Policy Amended: 16 November 2011 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 165 of 200 POLICY 9.14 GRATUITOUS PAYMENTS TO EMPLOYEES
9.14 GRATUITOUS PAYMENTS TO EMPLOYEES
PREAMBLE
In accordance with the Local Government Act 1995, a local government is to prepare a policy in relation to employees whose employment with the local government is finishing, setting out - a. The circumstances in which the local government will pay an employee an amount in addition to any amount to which the employee is entitled under a contract of employment or award relating to the employee; and b. The manner of assessment of the additional amount, and cause local public notice to be given in relation to the policy (section 5.50(1)).
Having done all that, a local government can pay more than the policy notified, but local public notice is to be given in relation to the payment made (section 5.50(2)).
POLICY
SEVERANCE POLICY
1. The purpose of this policy is to set down the maximum severance payable to terminating employees for the purpose of section 5.50(1) of the Local Government Act 1995 (the Act). Note however these severance payments may be exceeded in accordance with clause 7 at the discretion of Council.
2. A terminating employee is entitled to severance pay and benefits in accordance with - a. Any federal or state award or industrial agreement applicable to that employee; b. Any applicable provisions within the employee's contract of employment; c. Any applicable award or order made by a federal or state industrial tribunal arising from the circumstances of that employee being specifically brought before that tribunal, subject to any right of appeal; d. Where Council so agrees, any recommendation made by a federal or state Industrial Commissioner arising from the circumstances of that employee being specifically brought before that Commissioner.
3. Where a dismissed employee has taken or is proposing to take litigation for alleged unfair dismissal, Council may decide to settle to avoid expensive litigation.
Matters to be taken into consideration by Council as to whether it will seek a settlement and if so, the extent of any financial offers may include: • the strength of the respective cases in any litigation; • the cost of legal advocacy and support; • the cost of witnesses; • the cost of travel and accommodation in running the case; • the cost of having staff tied up in the preparation and hearing of the case; and • the disruption to operations.
4. Redundancy Redundancy benefits shall be made pursuant to Council's Redundancy Policy (attached). This does not preclude Council from agreeing to a higher severance benefit where clauses 2 or 3 above apply.
Shire of Carnamah Policy Manual – updated September 2021 Page 166 of 200 Redundancy benefits are –
a. A maximum period of notice possible but in any event no less than 4 weeks or payment in lieu of notice to a maximum of 4 weeks; b. Payment of 2 weeks pay; c. Plus 2 weeks pay for each completed year of service with the local government; d. The maximum payable under (b) and (c) shall be 26 weeks pay; e. Where an employee has been employed with the local government for a minimum of 5 years, pro rata long service leave shall be provided if the employee is not otherwise entitled to pro rata long service leave under the Local Government Long Service Leave Regulations; f. All other pro rata entitlements payable under the appropriate award or agreement to a terminating employee; g. Where the circumstances of a retrenched employee are such that it will be extremely difficult for that employee to find another job, Council may exercise its discretion to provide additional benefits to such employees. In this event details of the total redundancy package for such an employee shall be published in accordance with section 5.50(2) of the Act.
5. Council may decide to settle in a situation where an employee, due to illness or impairment is unable to perform his/her job and there has been mutual agreement that employment must end.
Matters to be taken into consideration by Council in determining the extent of any financial offers may include:
• the length of service; • the conscientiousness of the employee over the past employment; • the value of the employee's service having regard to position(s) held and the regard given by Council to the employee's contribution; • the length of time to retirement; • the personal circumstances of the employee including family responsibility, future employment prospects and alternative sources of income; and • possible exposure to litigation if the employee was dismissed having regard to obligations of Council under the State Equal Opportunity Act, the Commonwealth Disability Discrimination Act and the Commonwealth Workplace Relations Act.
6. The term "weeks pay" means the normal weekly salary or wage payable to the employee including any penalty rates normally paid but excluding overtime or intermittent payments. The term also includes salary or wages specifically sacrificed to additional non-award benefits but does not include the value of any non-award benefit normally provided for the employee's position (such as a vehicle in the case of a senior position, the normal superannuation provided to all employees etc).
7. Nothing in this policy prevents Council from determining that in special circumstances, terminating employees may be paid additional monies or provided additional benefits where justified. If Council so determines, details of the severance pay and benefits shall be published in accordance with section 5.50(2) of the Act.
Shire of Carnamah Policy Manual – updated March 2021 Page 167 of 200 REDUNDANCY POLICY
1 Background The need for a proforma redundancy policy arises because of changes and challenges faced by local government: a. "Hilmer", the National Competition Policy, accountability for delivery, cost efficient services demanded by electors, competitive tendering and contracting-out. b. New trends in WA Local Government requiring a re-evaluation of existing structures and services, and ways and means of reacting to demands from the State government and the electors. c. The possibility of future amalgamations of local governments, splits of existing large local governments and changes in boundaries.
2 Commission TCR Standard The Commission's standard award minimum is the so-called "TCR" standard arising from the Full Bench Termination, Change and Redundancy Decisions. Some organisations have recently chosen to apply higher benefits which have been included in some enterprise agreements. Nevertheless the appropriate award provisions will continue to apply and this policy is to be read in conjunction with those Award provisions - see clause 47 of the Local Government Officers' (WA) Award 2021 and clause 6B of the Municipal Employees' (WA) Award.2021.
3 Consultation a. The local government will consult employees likely to be affected by any proposed change as to the need for and/or reason for the change and no definite decision will be made until this process has been followed. b. Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with their union or unions. c. The discussion shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of paragraph (b) hereof, and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned. d. For the purposes of the discussion the employer shall as soon as practicable provide in writing to the employees concerned and their union(s), all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information, the disclosure of which would be inimical to the employer's interests.
(Note: Paragraphs (b), (c) and (d) have been taken directly from the awards and reflect the TCR requirements as to discussion prior to termination).
4. Transfers within the organisation a. Wherever possible and practical, appropriate employees should be offered a transfer to other positions within the enterprise and also offered the necessary and reasonable training to effect a successful transition. b. Where an employee is transferred to other duties for the purpose of avoiding retrenchment and those duties attract a lesser rate of pay than the incumbent's previous position, the local government will make up the difference between the two rates of pay for a period of twelve months (or 2 years in the case of employees covered by clause 6 below). After this time, the lesser rate will apply.
Shire of Carnamah Policy Manual – updated March 2021 Page 168 of 200
5. Severance Benefits
Where a position has been made redundant and a suitable transfer has not been possible, an employee may be retrenched on the following basis;
a. A maximum period of notice possible but in any event no less than 4 weeks or payment in lieu of notice to a maximum of 4 weeks; b. Payment of 2 weeks pay; c. Plus 2 weeks pay for each completed year of service with the local government; d. The maximum payable under (b) and (c) shall be 26 weeks pay provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date; e. Where an employee has been employed with the local government for a minimum of 5 years, pro rata long service leave shall be provided if the employee is not otherwise entitled to pro rata long service leave under the Local Government Long Service Leave Regulations; f. All other pro rata entitlements payable under the appropriate award or agreement to a terminating employee will be paid; g. During the notice period the employee shall be allowed reasonable time off from the job without loss of pay to attend employment interviews or other similar activities to assist the employee to find employment. h. Where the circumstances of a retrenched employee are such that it will be extremely difficult for that employee to find another job, Council may exercise its discretion to provide additional benefits to such employees. In this event, details of the total redundancy package for such an employee shall be published in accordance with section 5.50(2) of the Local Government Act. i. The term "weeks pay" means the normal weekly salary or wage payable to the employee including any penalty rates normally paid but excluding overtime or intermittent payments. The term also includes salary or wages specifically sacrificed for additional non-award benefits but does not include the value of any non-award benefit normally provided for the employee's position (such as a vehicle in the case of a senior position, the normal superannuation contribution provided to all employees etc).
6. Local Government Boundary Changes, Amalgamations and Break-ups
a. Where a restructuring of local government boundaries (such as a break-up of a local government or an amalgamation of local governments) results in a surplus of employees, Schedule 2.1 clause 11(4) of the Local Government Act provides for two years guaranteed employment except where employer and employee are able to agree to a mutually acceptable severance package. b. Clauses 3 and 4 above will apply. If a transfer is arranged, the "no reduction" provision in clause 4(b) will apply for two years. c. Where a transfer is not possible, retrenchment will be offered on the basis of clause 5 above. Additional benefits may be offered in accordance with clause 5(h) in an endeavour to reach a mutually acceptable severance package. d. If agreement on a severance package is not possible, the employee will be offered work for two years on conditions no less favourable than the existing contract of employment. e. At any time during the two years additional employment the local government and employee may re-open negotiations in an endeavour to reach agreement on a mutually acceptable severance package. f. Where an employee remains in employment for two years pursuant to schedule 2.1 of the Local Government Act and is then made redundant, there will be no entitlement to the redundancy benefits provided in clause 5. Redundancy benefits in accordance with the appropriate award will still apply.
7. Counselling
Shire of Carnamah Policy Manual – updated March 2021 Page 169 of 200 a. Counselling by a professional counselling service shall be available for any employee who has been or is to be retrenched. b. In appropriate circumstances an outplacement service may also be offered. In this event no payment in lieu of such service will be made.
8. Alternative Work a. Should the local government have made suitable arrangements for alternative employment and the employee is not consequently unduly prejudiced, the additional benefits over and above the appropriate award arising from this Policy shall not apply. b. In addition the local government may make application to the Commission to have the award severance pay prescription varied in the case of such an employee according to the particular circumstances.
9. Exclusions a. Benefits provided under this policy which go beyond the appropriate award shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty. b. This policy does not apply in the case of casual or temporary employees who were engaged for a specific time period or for a specific reason or specific task, project or programme. c. This policy also does not apply to an employee engaged on a fixed term contract where the term of the contract expires.
MINUTE NO: 18195 Policy Adopted: 12 June 1997 MINUTE NO: 364375 Policy Amended: 16 November 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 170 of 200 POLICY 9.15 EMPLOYEE CODE OF CONDUCT
9.15 EMPLOYEE CODE OF CONDUCT
PREAMBLE This Code of Conduct provides staff in local government with consistent guidelines for an acceptable standard of professional conduct. The Code addresses in a concise manner the broader issue of ethical responsibility and encourages greater transparency and accountability in individual local governments.
The Code is complementary to principles adopted in the Local Government Act 1995 and regulations which incorporates four fundamental aims to result in:- 1. better decision-making by local governments; 2. greater community participation in the decisions and affairs of local governments; 3. greater accountability of local governments to their communities; and 4. more efficient and effective local government.
The Code provides a guide and a basis of expectations for staff. It encourages a commitment to ethical and professional behaviour and outlines principles in which individual and collective Local Government responsibilities may be based.
STATUTORY ENVIRONMENT This Code of Conduct observes statutory requirements of the Local Government Act 1995 (s5.51A) and Local Government (Administration) Regulations 1996 (Part 4A).
1. CONFLICT AND DISCLOSURE OF INTEREST
1.1. Conflict of Interest a. Staff members will ensure that there is no actual (or perceived) conflict of interest between their personal interests and the impartial fulfilment of their professional duties. b. Staff will not engage in private work with or for any person or body with an interest in a proposed or current contract with the Local Government, without first making disclosure to the Chief Executive Officer. In this respect, it does not matter whether advantage is in fact obtained, as any appearance that private dealings could conflict with performance of duties must be scrupulously avoided. c. Staff members will lodge written notice with the Chief Executive Officer describing an intention to undertake a dealing in land within the local government area or which may otherwise be in conflict with the Council’s functions (other than purchasing the principal place of residence). d. Staff members who exercise a recruitment or other discretionary function will make disclosure before dealing with relatives or close friends and will disqualify themselves from dealing with those persons. e. Staff will refrain from partisan political activities which could cast doubt on their neutrality and impartiality in acting in their professional capacity.
An individual’s rights to maintain their own political convictions are not impinged upon by this clause. It is recognised that such convictions cannot be a basis for discrimination and this is supported by anti-discriminatory legislation.
1.2. Financial Interest
Definition: In this clause, and in accordance with Regulation 19AA of the Local Government (Administration) Regulations 1996 –
Shire of Carnamah Policy Manual – updated September 2021 Page 171 of 200 “interest” means an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest and includes an interest arising from kinship, friendship or membership of an association.
a. A person who is an employee and who has an interest in any matter to be discussed at a council or committee meeting attended by the person is required to disclose the nature of the interest – i. in a written notice given to the CEO before the meeting; or ii. at the meeting immediately before the matter is discussed. b. A person who is an employee and who has given, or will give, advice in respect of any matter to be discussed at a council or committee meeting not attended by the person is required to disclose the nature of any interest the person has in the matter- i. in a written notice given to the CEO before the meeting; or ii. at the time the advice is given. c. A requirement described under items (a) and (b) exclude an interest referred to in section 5.60 of the Local Government Act 1995. d. A person is excused from a requirement made under items (a) or (b) to disclose the nature of an interest if - i. the person’s failure to disclose occurs because the person did not know he or she had an interest in the matter; or ii. the person’s failure to disclose occurs because the person did not know the matter in which he or she had an interest would be discussed at the meeting and the person discloses the nature of the interest as soon as possible after becoming aware of the discussion of a matter of that kind. e. If a person who is an employee makes a disclosure in a written notice given to the CEO before a meeting to comply with requirements of items (a) or (b), then- i. before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and ii. immediately before a matter to which the disclosure relates is discussed at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present. f. If - i. to comply with a requirement made under item (a), the nature of a person’s interest in a matter is disclosed at a meeting; or ii. a disclosure is made as described in item (d)(ii) at a meeting; or iii. to comply with a requirement made under item (e)(ii), a notice disclosing the nature of a person’s interest in a matter is brought to the attention of the persons present at a meeting;
the nature of the interest is to be recorded in the minutes of the meeting.
2. PERSONAL BENEFIT
2.1 Use of Confidential Information Staff will not use confidential information to obtain information to gain improper advantage for themselves or for any other person or body, in ways which are inconsistent with their obligation to act impartially, or to improperly cause harm or detriment to any person or organisation.
2.2 Intellectual Property The title to Intellectual Property in all duties relating to contracts of employment will be assigned to the Local Government upon its creation unless otherwise agreed by separate contract.
2.3 Improper or Undue Influence Staff will not take advantage of their position to improperly influence Council Members or other staff in the performance of their duties or functions, in order to gain undue or improper (direct or indirect)
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2.4 Gifts
Definitions: In this clause, and in accordance with Regulation 19AA of the Local Government (Administration) Regulations 1996 – “activity involving a local government discretion” means an activity – a. that cannot be undertaken without an authorisation from the local government; or b. by way of a commercial dealing with the local government.
“Gift” has the meaning given to that term in section 5.57 except that it does not include – a. a gift from a relative as defined in section 5.74(1); or b. a gift that must be disclosed under Regulation 30B of the Local Government (Elections) Regulations 1997; or c. a gift form a statutory authority, government instrumentality or non-profit association for professional training; or d. a gift from WALGA, ALGA, Local Government Professionals Australia or Local Government Professionals Australia WA.
“Prohibited gift”, in relation to a person who is an employee, means – a. a gift worth $300 or more; or b. a gift that is one or 2 or more gifts given to the employee by the same person within a period of 6 months that are in total worth $300 or more.
a. A person who is an employee is to refrain from accepting a prohibited gift from an associated person who – i. is undertaking or seeking to undertake an activity involving a local government discretion; or ii. it is reasonable to believe is intending to undertake an activity involving a local government discretion.
b. This clause does not apply to gifts received from a relative (as defined in section 5.74(1) of the Local Government Act) or an electoral gift (to which other disclosure provisions apply). c. This clause does not prevent the acceptance of a gift on behalf of the local government in the course of performing professional or ceremonial duties in circumstances where the gift is presented in whole to the CEO, and used or retained exclusively of the benefit of the local government.
3. CONDUCT OF STAFF 3.1 Personal Behaviour a) Staff will: i. act, and be seen to act, properly and in accordance with the requirements of the law and the terms of this Code; ii. perform their duties impartially and in the best interests of the local government uninfluenced by fear or favour; iii. act in good faith (i.e. honestly, for the proper purpose, and without exceeding their powers) in the interests of the Local Government and the community; iv. make no allegations which are improper or derogatory (unless true and in public interest) and refrain from any form of conduct, in the performance of their official or
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always act in accordance with their obligation of fidelity to the local government.
3.2 Honesty and Integrity Staff will: a. observe the highest standards of honesty and integrity, and avoid conduct which might suggest any departure from these standards; b. bring to the notice of the Chief Executive Officer any suspected breaches of the Code of Conduct or suspected unethical, fraudulent, dishonest, illegal or corrupt behaviour on the part of any other employee (the Chief Executive Officer will conduct a fair and equitable investigation); c. be frank and honest in their official dealing with each other, with Council Members, and with the broader community.
3.3 Performance of Duties a. While on duty, staff shall give their whole time and attention to the local government’s business and ensure that their work is carried out efficiently, economically and effectively, and that their standard of work reflects favourably both on them and on the Local Government.
3.4 Compliance with Lawful Orders a. Staff will comply with any lawful order given by any person having authority to make or give such an order, with any doubts as to the propriety of any such order being taken up with the superior of the person who gave the order and, if resolution cannot be achieved, with the Chief Executive Officer. b. Staff will give effect to the lawful policies of the Local Government, whether or not they agree with or approve of them.
3.5 Administrative and Management Practices Staff will ensure compliance with proper and reasonable administrative practices and conduct, and professional and responsible management practices.
3.6 Corporate Obligations a. Standard of Dress Staff are expected to comply with neat and responsible dress standards at all times. Accordingly: i. Staff will dress in a manner appropriate to their position, in particular when attending meetings or representing the Local Government in an official capacity. ii. Management reserves the right to adopt policies relating to corporate dress and to raise the issue of dress with individual staff.
b. Communication and Public Relations All aspects of communication by staff (including verbal, written or personal), involving Local Government’s activities should reflect the status and objectives of that Local Government. Communications should be accurate, polite and professional.
3.7 Finances Staff are expected to use the Local Government’s finances responsibly and ethically, and in terms of relevant policies and procedures.
3.8 Records Staff are expected to ensure that documents and records are properly kept for the purposes of the State Records Act and any other written law.
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4.1 Use of Local Government Resources Staff will: a. be scrupulously honest in their use of Local Government’s resources and shall not misuse them or permit their misuse (or the appearance of misuse) by any other person or body; b. use local government resources entrusted to them effectively and economically in the course of their duties; and c. not use local government resources (including the services of other staff) for private purposes (other than when supplied as part of a contract of employment), unless properly authorised to do so, and appropriate payments are made (as determined by the Chief Executive Officer).
4.2 Travelling and Sustenance Expenses Staff will only claim or accept pre-approved travelling and sustenance expenses arising out of travel-related matters which have a direct bearing on the services, policies or business of the Local Government in accordance with Local Government policy and the provisions of the Local Government Act.
4.3 Access to Information Staff will ensure that Council Members are given access to all information necessary for them to properly perform their functions and comply with their responsibilities as members.
MINUTE NO: 18195 Policy Adopted: 12 June 1997 MINUTE NO: 364556 Policy Reviewed: 15 June 2011 MINUTE NO: 20180606 Policy Reviewed: 06 June 2018 MINUTE NO: 20200414 Policy Reviewed and Amended: 22 April 2020 MINUTE NO: 20210309 Policy Reviewed and Amended: 17 March 2021
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9.16 INJURY MANAGEMENT
PREAMBLE WorkCover WA have made it a requirement for Self Insurers to have an Injury Management and Rehabilitation Policy and have produced an Injury Management and Rehabilitation Policy Manual.
A Workplace Injury Management Coordinator has been appointed.
POLICY It is a policy of the employer:
a. To make provision for the injury management and rehabilitation of all workers who have sustained a compensable work related illness, injury or disability. b. To treat all workers with dignity and respect c. To guarantee that all information is treated with sensitivity and confidentiality. d. To return the injured worker to the fullest capacity for gainful employment of which they are capable.
With this in mind the ‘Key Principles of Injury Management ‘, as identified by WorkCover, will be adopted. They are: 1. Recognition that employers and injured workers are the primary stakeholders within the workers’ compensation system. 2. Maintenance in or a safe return to work is the expected outcome. 3. Medical practitioners and employers play a central decision making role I the return to work of injured workers. 4. The focus of all services should be workplace based. 5. The injury management process should be transparent, cost efficient and effective. 6. Early intervention and pro-active injury management is critical in achieving return to work goals. 7. When vocational rehabilitation is required, all parties are involved in a process that is transparent and requires joint decision-making.
To assist in the timely and effective injury management of employees, the employer has appointed an employee to the role of workplace injury management coordinator as part of their duties, to implement and monitor the injury management and rehabilitation procedures. This appointment is in the knowledge the Municipal WorkCare Scheme employs a dedicated injury management professional to assist and guide this individual. Further to this, the Schemes claims team leader, appointed to the employer, is available to discuss any issues related to the management of the worker’s claim.
MINUTE NO: 30440 Policy Adopted: 19 June 2002 MINUTE NO: 364375 Policy Reviewed: 16 November 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
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9.17 STAFF EMPLOYMENT CONDITIONS
Performance Base of Salary:
The following Rating ranges are to be used when assessing staff performance:
1. Does not meet expectations 2. Meets expectations. 3. Exceeds expectations 4. Unable to rate.
The calculation of the Performance Based system for salary purposes will be: 22% over award payment for outside employees other than those on fixed term contracts.
Should an employee not agree to be employed under a performance-based system then they will remain on the existing contract of employment and will be subject to the full bench of the Australian Industrial Commission’s wage fixing principals.
Bonus Payment on Performance Review:
The annual bonus payment will be $420.00
Employees who are employed on a permanent part time basis or for portion of a year will only receive the bonus for the time worked on a pro-rata basis.
Employees must be employed at the end of the year review to qualify for the Performance Base Bonus.
Administration staff commencing employment after the 15th September 2010 not to be entitled to the over-award payment.
Administration staff commencing employment after the 15th September 2010 not be entitled to a nineteen day month.
Morning/Afternoon Tea:
Inside employees morning and afternoon teas to be provided free of charge. Outside employees to receive a similar allowance in the form of cool drinks and beer on the completion of major works and services.
Christmas Party: A combined staff and Councillor and families Christmas party will be held on a nominated day and time in December of every year. The format of the function will be left in the hands of the Administration staff.
Nine Day Fortnight/Nineteen Day Month: The Outside staff retain a nine-day fortnight.
10 Hour day when working west of Turkey Flat Road: To improve productivity when major construction works are being undertaken west of Turkey Flat Road, a 10 hour day be worked.
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Annual Leave: The outside staff’s Annual Leave to be taken in one block or at the discretion of the Manager of Works and Services.
MINUTE NO: 30584 Policy Adopted: 18 December 2002 MINUTE NO: 364393 Policy Amended: 14 December 2011 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
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9.18 STAFF HOUSING SUBSIDY
Council employees who rent a Council owned or leased property will be entitled to a rental subsidy of 75% of the weekly rental as set by council on an annual basis.
Council will offer an annual housing subsidy to all employees that either own or rent property that is not under Council control.
Note: This subsidy is calculated having regard to costs incurred by the owner/occupier being: • the Shire property rate average • the Shire refuse collection charge • the Water Corporation water service charge average
The subsidy allowance to be reviewed annually during budget deliberations.
The rental subsidies only applies to those employees who do not have a contract of employment with the Council
Employees who are boarding shall be entitled to a maximum subsidy following the completion of a Statutory Declaration by the employee indicating the lodging component of their board.
The rental subsidy only applies to property situated within the Shire of Carnamah, unless Council has resolved otherwise.
Part-time employees entitlement to the rental subsidy shall be determined on a pro rata basis to hours worked.
Council Rates and Charges are to be paid, either in full or by instalment, by the due date in order to receive subsidy.
MINUTE NO: 30576 Policy Adopted: 18 December 2002 MINUTE NO: 364375 Policy Amended: 16 November 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
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9.19 INSIDE STAFF UNIFORMS
BACKGROUND: Unlike the outside crew, there is not a requirement from Occupational Health and Safety regulations for uniforms to be provided to inside staff.
Staff attend various courses, meetings and functions throughout the year and as ambassadors for the Shire of Carnamah, wearing uniforms would create a more professional image.
Initiatives to abridge the current ‘outside’/’inside’ attitude are being addressed and it is felt that standardising staff in uniforms would be one step towards reducing this alienation.
Policy 2.10, Item 3.6 Corporate Obligations (a) Standard of Dress states: Staff are expected to comply with neat and responsible dress standards at all times. Management reserves the right to raise the issue of dress with individual staff.
This is open to interpretation for each individual to determine their own dress standard which differs from person to person.
POLICY Each fulltime officer will be entitled to $350 for the first year of employment and $250 per year thereafter. Part time employee’s entitlement to be calculated on pro rata percentage of the hours worked compared to a full time employee.
If during the course of the year the officer resigns or leaves, that officer shall re-pay the cost of uniforms purchased by Council during that year.
That inside staff will be expected to wear uniforms at all times.
MINUTE NO: 30550 Policy Adopted: 20 November 2002 MINUTE NO: 364674 Policy Amended: 19 June 2013 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Amended: 20 June 2018
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9.20 ADMINISTERING / SUPPLY OF ASPIRIN
POLICY • The Shire of Carnamah shall include aspirin in all first aid kits supplied. • Staff that hold a First Aid qualification are authorised to administer aspirin if required or deemed necessary. • In all instances when aspirin is administered the details of the situation are to be recorded and a report is to be given to the Chief Executive Officer.
MINUTE NO: 313563 Policy Adopted: 21 June 2006 MINUTE NO: 364375 Policy Reviewed: 16 November 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
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9.21 INFLUENZA VACCINATION FOR STAFF
POLICY Council understands that influenza infection causes down time and increased costs associated with reduced work capacity, absenteeism and work morale. As a matter of policy, Council may supply staff members with one influenza vaccination per annum. Influenza vaccinations will be supplied on a voluntary basis at the request of the employee.
MINUTE NO: 313564 Policy Adopted: 21 June 2006 MINUTE NO: 364375 Policy Amended: 16 November 2011 MINUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
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9.22 STAFF PRESENTATIONS ON RESIGNATION
That the Council presents a gift to staff upon termination up to the value set out in table 1.1 and also provide light refreshments and drinks up to the value set out in table 1.2 where appropriate, but subject to:
• Every effort be made to combine two or more staff members’ functions, where possible, for cost effectiveness.
It is a policy that Council will make a contribution towards the purchase of a gift and/or function for any employee voluntarily leaving the employ of Council in accordance with the following tables:
Table 1.1 Gift Years of Service Council Contribution 0<2 years Nil Each subsequent year $50 per year
Table 1.2 Function Years of Service Council Contribution 0<2 years Nil 2<5 years $200 5<10 years $300 10<15 years $450 >15 years $500
MINUTE NO: 341282 Policy Adopted: 13 May 2009 MINUTE NO: 367375 Policy Reviewed: 16 November 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
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9.23 ACTING CHIEF EXECUTIVE OFFICER
Section 5.36 (2)(a) of the Local Government Act 1995 (the Act) states that: (1) A local government is to employ — (a) a person to be the CEO of the local government; and (b) such other persons as the council believes are necessary to enable the functions of the local government and the functions of the council to be performed. (2) A person is not to be employed in the position of CEO unless the council — (a) believes that the person is suitably qualified for the position; and (b) is satisfied* with the provisions of the proposed employment contract. * Absolute majority required. (3) A person is not to be employed by a local government in any other position unless the CEO — (a) believes that the person is suitably qualified for the position; and (b) is satisfied with the proposed arrangements relating to the person’s employment. (4) Unless subsection (5A) applies, if the position of CEO of a local government becomes vacant, it is to be advertised by the local government in the manner prescribed, and the advertisement is to contain such information with respect to the position as is prescribed. (5A) Subsection (4) does not require a position to be advertised if it is proposed that the position be filled by a person in a prescribed class. (5) For the avoidance of doubt, subsection (4) does not impose a requirement to advertise a position before the renewal of a contract referred to in section 5.39. The objective of this policy is to provide for the appointment of the Shire’s current Deputy Chief Executive Officer to perform the role of Acting Chief Executive Officer during approved absences of 5 consecutive working days or more of the Chief Executive Officer.
In accordance with the requirements of the Local Government Act 1995, section 5.36(2)(a), Council has determined that the person appointed as the permanent incumbent to the position of Deputy Chief Executive Officer is suitably qualified to perform the role of Acting Chief Executive Officer or in emergency situations.
The Shire’s incumbent Deputy Chief Executive Officer is Ian Walsh, Deputy Chief Executive Officer. Appointment to the role of Acting Chief Executive Officer shall be made in writing by the Chief Executive Officer for a defined period that does not exceed 3 months. A Council resolution is required for periods exceeding 3 months.
MINUTE NO: 341304 Policy Adopted: 17 June 2009 MINUTE NO: 364375 Policy Reviewed: 16 November 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018 MINUTE NO: 20200414 Policy Reviewed and Adopted: 22 April 2020
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9.24 PROTECTIVE CLOTHING
PREAMBLE Occupational Health & Safety legislation plus Council's Duty of Care place an onus on Council to provide adequate protection from hazards for its employees. The provision of protective clothing is seen as a vital part of these requirements. In addition, having all outside staff in a uniform style of clothing helps to engender a team spirit and promotes the Shire as a professional organisation.
POLICY As part of Council's commitment to the health, safety and welfare of its employees, all outside staff will be issued with the items of protective clothing as listed below.
1. Shorts and trousers shall be blue; shirts and overalls to be a standard authorised high visibility colour, such an allocation is conditional on it being worn at all times during working hours; it being not permitted to be worn during non-working hours. 2. One pair of Safety boots will be supplied by Council to the value of $160.00, employees to pay anything over that amount. 3. That Council provide protective clothing to each employee on the outside work force on an annual basis and in accordance with Clothing Summer and Winter Uniform Issue up to an estimated value of $450.00. 4. One pair of sunglasses per annum be supplied by Council to each member of the outside workforce up to the value of $60. Irrespective of if they are prescription sunglasses or not.
MINUTE NO: 15432/15519 Policy Adopted: 16 August 1995 MINUTE NO: 364375 Policy Amended: 16 November 2011 MINUTE NO: 20180606 Policy Amended: 20 June 2018 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018 MINUTE NO: 20201107 Policy Reviewed: 18 November 2020
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9.25 STUDY EXPENSES
PURPOSE
To encourage higher education attainment by employees, relative to their duties, in order to achieve greater efficiency in Council operations and enhance promotional opportunities of the employees.
POLICY
The Chief Executive Officer may approve the reimbursement of the costs of enrolment / registration expenses in respect to staff undertaking further studies.
The following eligibility criteria applies:
i. Must be a permanent employee of the Shire who has worked a minimum of 12 months. ii. The course of study must be directly related to the employee’s normal duties. iii. The unit of study must be successfully completed by the employee to be eligible for Shire assistance. iv. Study to be generally undertaken in employees own time. The CEO may approve time off work to attend a course or for study leave.
Maximum reimbursement to be $1200 per annum per employee if not specifically included in the annual budget. If an employee requests more than this amount it is to be negotiated as part of the salary package and included in the annual budget.
MINUTE NO: 20180606 Policy Amended: 20 June 2018 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
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9.26 RECRUITMENT AND SELECTION
POLICY STATEMENT
This policy serves to provide a consistent guide and ensure recruitment standards are applied in a transparent and fair manner consistent with s5.40 of the Local Government Act 1995.
OBJECTIVE The Shire of Carnamah is committed to recruitment, selection, promotion, and other personnel decisions being fair, consistent and transparent, being compliant with section 5.40 of the Local Government Act 1995, and to ensuring that the associated processes will be based on merit and equity expressed in terms of the selection criteria established .This policy covers all positions other than those of Chief Executive Officer and positions designated by the Council as senior employees under the Local Government Act 1995.
The recruitment and selection processes for the Chief Executive Officer and senior employees’ positions will comply with the relevant sections of the Local Government Act 1995 and the Local Government (Administration) Regulations 1996.
Legislation Relating to this Policy - Local Government Act 1995 - Fair Work Act 2009 - Age Discrimination Act 2004 - EEO Act 1984 - Human Rights and Equal Opportunity Commission Act 1986 - Equal Opportunity for Women in the Workplace Act 1999
RESPONSIBILITIES All recruitment is to be authorised by the CEO. The immediate Manager/Supervisor is responsible for initiating and assisting with elements of the process such as: - Maintaining recruitment records; - Approving advertising and information package documents; - Convening an assessment panel and assess pool of candidates who have been shortlisted; - Conducting interviews and verbally communicating outcomes to interviewed applicants; - Where necessary, providing feedback to applicants; and - Coordinating commencement of successful applicants.
RECRUITMENT The Shire shall only commence the recruitment process after due consideration has been given to the present and future requirements of the Shire. A corporate approach is to be taken to employee recruitment and selection and the process will be conducted in accordance with this policy.
This may include investigating possible alternative staffing actions such as structural change and/or redistribution of duties to other positions. All appointments, promotions and transfers will be based on ability, knowledge; skills and fit with the Shire’s Core Values. This approach will ensure a uniform approach to recruitment throughout the organisation. Positions that are not within the current budget will require written authority from the CEO to commence the recruitment process.
Shire of Carnamah Policy Manual – updated March 2021 Page 187 of 200 CONFIDENTIALITY OF INFORMATION All employees involved in the recruitment and selection process shall be bound by strict standards of confidentiality.
DECLARATION OF INTEREST If at any point during the recruitment process a panel member realises they have an association with an applicant they must complete a Declaration of Interests form and notify other panel members. The CEO shall decide if they are to be replaced or that their knowledge of the applicant will not affect the panel member’s ability to be impartial during the process.
ACHIEVING EQUAL EMPLOYMENT IN THE WORKPLACE The Shire recognises its legal, moral, social and ethical obligations to actively promote and practice the principles of equal opportunity in all aspects of employment.
SELECTION & APPOINTMENT In filling vacant positions, the selection process shall follow the appropriate procedures in effect at the time. Officers participating in the selection decision must declare any associations they may have with applicants before shortlisting (or appointment, in the case of a single suitable applicant) commences. On occasion, a vacant position may be filled through other means without any requirement for the Shire to advertise outside of the organisation. In these situations, internal expressions of interest must be requested and remain open for a minimum of 1 week.
Candidate selection may be based on, but are not limited to, the following elements: - Assessment of the CV against the advertised position description; - Assessment of the statement addressing the selection criteria; - Interviews; - Testing of required skills; - Referee reports; - Pre-employment medical checks.
Depending on the role, it may be appropriate for additional assessments as deemed necessary to confirm the preferred applicant can perform the inherent requirements of the role for which they have applied.
SELECTION OF PREFERRED CANDIDATE After interviewing and assessing of candidates, the panel will make a recommendation as to the preferred candidates for the role. The Chairperson of the selection panel will complete a selection report on the merits of each candidate and the reasoning for the selection, to be presented to the CEO for confirmation and sign off. The preferred candidate, or candidates if there are more than one, shall be requested to provide a Pre-employment medical certificate to assess their physical capacity to perform the inherent requirements of the role.
Before offering the role to the preferred candidate, the pre-employment medical certificate stating the candidate is fit for the duties must be received, and the Shire must also obtain a copy of a National police clearance from the applicant. A letter of offer (written) shall then be created and sent to the preferred candidate. Written acceptance of the position must be received before commencement of the new employee.
PROBATION Except where otherwise provided in this policy, appointments of more than six months shall require a probation period of at least three months, unless otherwise authorised by the Chief Executive Officer. Where probation periods are to be applied, the employee may be given specific performance criteria that will be used to assess whether s/he has satisfied his/her probation requirement. Due to the shorter period of time, and relative lack of familiarity with the workings of
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EMPLOYMENT OF SPOUSES / FAMILY MEMBERS It is often the practice in smaller or remote areas for a spouse, partner or family member to be working for the same local government. This might occur because of one being appointed to a position with the local government and the need (and availability) of suitable persons to do the second job on offer.
The Shire will ensure there is a transparent process for the selection of a new employee in the circumstance when one of the applicants is a relative or partner of an existing employee. It is the intention of this policy to remove as far as possible any perception as to conflict of interest through a transparent process.
The Shire acknowledges the provisions of Sections 5.40 and 5.41 of the Local Government Act 1995, and requires the officer declare a Conflict of Interest and to remove himself/herself from the selection process should one of the applicants for a position with the shire be a spouse, partner or close relative. (Refer to the Local Government Act s5.40 and 5.41 Principles affecting employment by local governments & Functions of CEO).
VARIATION TO THIS POLICY This policy may be cancelled or varied from time to time to reflect changes in organisational policy, best practice in recruitment processes and compliance with the relevant legislation. All the organisation’s employees will be notified of any variation to this policy by the normal correspondence.
MINUTE NO: OCM20200706 Policy Adopted: 15 July 2020
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9.27 CEO RECRUITMENT AND SELECTION STANDARD
PREAMBLE
The Local Government Legislation Amendment Act 2019 includes a requirement for model standards covering the recruitment and selection of local government Chief Executive Officers (CEOs).
The model standards are prescribed in the Local Government (Administration) Amendment Regulations 2021.
A local government is required to appoint a Chief Executive Officer (CEO) in accordance with the provisions of the Local Government Act 1995. This includes the key legislation regarding the appointment process: Sections 5.36, 5.38, 5.39, 5.39A, 5.39B, 5.39C and 5.40 of the Local Government Act and Regulations 18A, 18B, 18E, 18F, 18FA, 18FB, 18FC and 19A of Local Government (Administration) Regulations 1996.
POLICY
The minimum standard for recruitment and selection will be met if: S1.1 The council has identified and agreed to the qualifications and selection criteria necessary to effectively undertake the role and duties of the CEO within that particular local government context.
S1.2 The council has approved, by absolute majority, the Job Description Form (JDF) which clearly outlines the qualifications, selection criteria and responsibilities of the position. The JDF is made available to all applicants.
S1.3 The local government has established a selection panel to conduct the recruitment and selection process. The panel must include at least one independent person who is not a current elected member, human resources consultant, or staff member of the local government. (See note 1.)
S1.4 The local government attracts applicants through a transparent, open and competitive process (this is not necessary for vacancies of less than one year). The local government must advertise a vacancy for the position of CEO in the manner prescribed.
S1.5 The local government has assessed the knowledge, experience, qualifications and skills of all applicants against the selection criteria.
S1.6 The local government has verified the recommended applicant’s work history, qualifications, referees and claims made in their job application.
S1.7 The appointment is merit-based, with the successful applicant assessed as clearly demonstrating how their knowledge, skills and experience meet the selection criteria.
S1.8 The appointment is made impartially and free from nepotism, bias or unlawful discrimination.
S1.9 The council has endorsed by absolute majority the final appointment.
S1.10 The council has approved the employment contract by absolute majority.
Shire of Carnamah Policy Manual – updated March 2021 Page 190 of 200 S1.11 The local government re-advertises the CEO position and undertakes a recruitment and selection process after each instance where a person has occupied the position for ten (10) consecutive years.
Notes 1. Examples of who the independent person could be include: • former elected members or staff members of the local government; • former or current elected members (such as a Mayor or Shire President) or staff members of another local government; • a prominent or highly regarded member of the community; or • a person with experience in the recruitment of CEOs and senior executives. 2. Council will undertake the recruitment and selection process in conjunction with a professional HR/IR Adviser (recruitment consultant).
Application of the Policy 1. Develop a profile of the preferred applicant (i.e. desired and essential skills, abilities, knowledge and qualifications). 2. Approve an agreed salary package in accordance with section 7A of the Salaries and Allowances Act 1975. 3. Review necessary documentation including the contract of employment and position description (JDF). 4. Approve a process to be used for the selection and appointment of the CEO. This includes the formal adoption of a process by resolution: 5. Advertise the position inviting applications from suitably qualified applicants. The advertisement is to contain the information set out in 18A(2) of the Local Government (Administration) Regulations 1996. 6. Applicants to be shortlisted. 7. Conduct interviews of the shortlisted applicants. 8. Select preferred applicant/s i.e. make a recommendation for council to offer the position to the 1st preferred applicant subject to contractual negotiations, within the designated salary package, including the preliminary performance criteria to be contained in the contract.
If the 1st preferred applicant is not accepted or declines the offer, a decision may be made on any 2nd or 3rd preferred applicant in line until an offer and acceptance is reached or until no preferred applicants are appointed (the applicant’s identity to remain confidential until such time a final appointment is made).
9. Approve the formal and final appointment. This must be a decision (resolution) by council which states that it: a. Believes the person is suitably qualified for the position of CEO; and b. Is satisfied with the provisions of the proposed CEO employment contract. An absolute majority decision is required for those matters regarding the CEO contract.
Standard of Conduct The appointment of the CEO is a confidential process. All persons involved in the CEO appointment process are required to maintain confidentiality from the commencement of the appointment process through to its conclusion.
Recordkeeping Records regarding the recruitment, selection and appointment process of a CEO are kept and maintained according to HR practices and requirements including those kept and maintained by the recruitment consultant and in accordance with the Shire’s Record Keeping Plan.
Shire of Carnamah Policy Manual – updated March 2021 Page 191 of 200 Privacy The privacy of the applicants during the recruitment, selection and appointment process is to be respected at all times.
MINUTE NO: OCM20210306 Policy Adopted: 17 March 2021
Shire of Carnamah Policy Manual – updated March 2021 Page 192 of 200 POLICY 9.28 CEO TERMINATION STANDARD
9.28 CEO TERMINATION STANDARD
PREAMBLE
The Local Government Legislation Amendment Act 2019 includes a requirement for model standards covering the termination of local government Chief Executive Officers (CEOs).
The model standards are prescribed in the Local Government (Administration) Amendment Regulations 2021.
A local government is required to terminate a Chief Executive Officer (CEO) in accordance with the provisions of the Local Government Act 1995. This includes the key legislation regarding the termination process: Sections 5.39A and 5.39B of the Local Government Act and Regulation 18FC of Local Government (Administration) Regulations 1996.
POLICY
The minimum standard for the termination of a CEO’s contract will be met if:
S3.1 Decisions are based on assessment of the CEO’s performance as measured against the documented performance criteria in the CEO’s contract.
S3.2 Performance issues have been identified as part a performance review (conducted within the preceding 12 months) and the CEO has been informed of the issues. The council has given the CEO a reasonable opportunity to improve and implement a plan to remedy the performance issues, but the CEO has not subsequently remedied these issues to the satisfaction of the local government.
S3.3 The principle of procedural fairness is applied. The CEO is informed of their rights, entitlements and responsibilities in the termination process. This includes the CEO being provided with notice of any allegations against them, given a reasonable opportunity to respond to those allegations or decisions affecting them, and their response is genuinely considered.
S3.4 Decisions are impartial and transparent.
S3.5 The council of the local government has endorsed the termination by absolute majority.
S3.6 The required notice of termination (which outlines the reasons for termination) is provided in writing.
MINUTE NO: 20210306 Policy Adopted: 17 March 2021
Shire of Carnamah Policy Manual – updated March 2021 Page 193 of 200
10. LEGISLATION POLICIES
POLICY 10.1 PUBLIC INTEREST DISCLOSURE - INTERNAL PROCEDURES
10.1 PUBLIC INTEREST DISCLOSURE - INTERNAL PROCEDURES
PREAMBLE
The Public Interest Disclosure Act 2003 commenced operation on 1 July 2003. The object of the Act is to:
• Facilitate the disclosure of public interest information • Provide protection for those who make disclosures; and • Provide protection for those who are the subject of a disclosure
This is achieved by:
• Protecting the person making the disclosure from legal or other action; • Providing for the confidentiality of the identity of the person making the disclosure and a person who is the subject of a disclosure; and • Providing remedies for acts of reprisal and victimization that occur substantially because the person has made a disclosure.
The Policy and internal procedures provide for the manner in which the Shire of Carnamah will comply with its obligations under the Public Disclosure Act 2003.
MINUTE NO: 314079 Policy Adopted: 16 June 2008 MINUTE NO: 364375 Policy Reviewed: 16 November 2011 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated September 2021 Page 194 of 200 POLICY 10.2 FREEDOM OF INFORMATION
10.2 FREEDOM OF INFORMATION
PREAMBLE The Freedom of Information Act 1992 (FOI) became effective in Western Australia on 1st November 1993.
POLICY It is this local government’s intention to provide access to requested documents wherever possible, in the ordinary course of daily work provided that in so doing, no harm is inflicted upon the rights or interests of private individuals or commercial organisations.
Where requested documents are of a sensitive nature the application will be dealt with under the provisions of the Freedom of Information Act taking into account all parties concerned.
It is our belief that this strategy will facilitate the provision of information to the public in a prompt and cost effective manner whilst still observing the need to preserve the confidentiality of classified information.
1. LODGING REQUESTS (Relates to Sections 11 and 12 of the FOI Act 1992)
Applications may be lodged at the Shire Offices or in person or mailed direct to the: FOI Officer Shire of Carnamah PO Box 80, CARNAMAH WA 6517
An application must be in writing and: • give an Australian address for correspondence; • give enough information to identify the documents to which you seek access; • if the application is to gain access to a document which does not contain personal information about yourself then an application fee will be applicable.
2. DOCUMENT DEFINITION A document includes any record or part of a record, and any copy or reproduction. It therefore covers files, computer printouts, maps, plans, photographs, tape recording, films, video tapes or electronically stored information.
3. EXEMPTIONS There are exemptions for some documents including protection of essential public interest, the personal or business affairs of others or the deliberative processes of government. Sometimes access to only part of a document will be provided if it contains information considered to be exempt.
4. COST A scale of fees and charges is set under the FOI Act Regulations. Apart from the application fee for non personal information all charges are discretionary.
Shire of Carnamah Policy Manual – updated September 2021 Page 195 of 200 APPEALS FOR REVIEW If you are not satisfied with the decision made in relation to your request you can lodge a complaint which must be made in writing to the Information Commissioner and you must supply an address to which notices may be sent to you.
You must also give particulars of the decision you want reviewed and attach a copy of the decision and reasons given to you by the Chief Executive Officer at the Shire of Carnamah.
The application can be made in a letter or you can obtain an application form from the Information Commissioner.
There is no charge for review by the Information Commissioner.
INFO NOTE
You can also contact the Information Commissioner by writing to: The Office of the Information Commissioner Albert Facey House 469 Wellington Street PERTH WA 6000 Telephone: 08 6551 7888 Country Callers: 1800 621 244 (toll free) Facsimile: 09 6551 7889 Email: [email protected]
INFORMATION STATEMENT
Government in Australia is controlled by:- • Federal Government (1st Tier) • State Government (2nd Tier) • Local Government (3rd Tier)
Local Government is commonly known as the grass roots of Government and has the greatest effect on a particular local area such as the districts under the banner of the Shire of Carnamah.
Public Effect of the Organisation’s Functions The Shire of Carnamah provides a wide range of services and facilities for its ratepayers, residents and visitors to the Shire. The Shire has a role in the management, improvement and development of the resources within its area so as to create a safe and pleasant environment for its community.
Shire News relating to the Shire. is published in Council’s ‘Carnamah Mat & Eneabba News’ which are on sale, posted to pre-paid recipients and available on the Shire of Carnamah Website for perusal. Council’s Shire News are monthly notices and designed to keep the public informed on the various issues/projects being undertaken by Council.
The Council The Council consists of 7 elected members who represent the whole of the Shire.
The Council meets on the third Wednesday of each month (excepting January) and encourages members of the public to be in attendance. A public question time segment is held at the commencement of each Ordinary and Special Meeting of Council to allow the public a forum in which they may raise questions regarding Agenda Items or other issues affecting the community.
Agendas for Ordinary Meetings of Council are available for public inspection at the Customer Service area and the Library from the Friday in the week prior to the Council meeting day. Minutes
Shire of Carnamah Policy Manual – updated March 2021 Page 196 of 200 are also posted on the Shire’s website – www.carnamah.wa.gov.au
It addition to its Ordinary Meetings, Council also holds an Electors Meeting during each financial year and includes the presentation of the Annual Report.
Council Meetings are held in Eneabba which offer the residents the opportunity of being briefed on issues affecting the Council as well as providing an opportunity for those in attendance to raise issues with their elected member representatives.
Committees of Council: The Council can (and does) establish Committees in accordance with Section 5.8 of the Local Government Act 1995 to assist it achieve its objectives. Prior to any Committee being considered, Council must in the first instance, ensure its justification for establishing (or maintaining) a Committee complies with Council’s Policy.
All Committees must conduct their meetings in accordance with Council’s Standing Orders.
A “Management” Committee has delegated authority from Council to undertake certain actions as set out in its instrument of Appointment. An “Advisory” Committee has no delegated authority and therefore makes recommendations to Council for consideration.
The Term of Office for Committees established by Council is generally two years with the expiry date being tied to Local Government Elections.
In addition to Committees established under the Act, the Council appoints Working Groups from time to time to consider specific issues or projects. Generally the membership of a Working Group consists of elected members and staff. Working Groups have no delegated authority and provide recommendations to Council.
Policies and Delegated Authority Council adopts Policies on a variety of issues to act as a guide for Officers of the Shire of Carnamah. In addition, the CEO has delegated authority from Council to make decisions on a number of specified administrative and policy matters. These delegations are listed in a Register and (along with Policies) are reviewed on an annual basis in keeping with the legislative requirement. These are both public documents.
The role of the Council is to set the strategic direction of the Shire which comprises: • Determining the type, range and scope of projects to be undertaken; • Developing strategic plans; budgets; financial controls; and performance objectives and indicators for its operations and; • Developing policies to be applied on the Council’s behalf by the CEO.
Council makes decisions which direct and/or determine its activities and functions. Decisions include the works and services to be undertaken, and the allocation of resources to achieve these objectives. Decisions are also made to determine applications from residents for various forms of development.
Documents Held by the Organisation The Shire of Carnamah has a variety of documents available for public inspection or purchase. In addition to Shire documents, a selection of community information brochures are also available from the Shire Offices.
Documents that are held and can be inspected free of charge at the Shire offices are: • Agendas and Minutes of Council Meetings • Annual Report
Shire of Carnamah Policy Manual – updated March 2021 Page 197 of 200 • Council’s Strategic Plan • Council’s adopted Budget.
Other documents which may be inspected at the Shire Offices include: • Council’s Policy Manual • Code of Conduct • Local Laws • Owners & Occupiers electoral rolls • And any other documents as set out in Section 5.94 of the Local Government Act 1995.
Documents and services available for sale will be charged as per the Schedule of Fees and Charges as adopted in the annual Budget.
Applications for access to Personal or Non Personal Information can be made to the Freedom of Information Officer located at the Administration offices, 33-37 Macpherson Street, Carnamah.
Access to documents can be granted by way of inspection or a copy of a document.
MINUTE NO: 341122 Policy Adopted: 20 August 2008 MINUTE NO: 364375 Policy Amended: 16 November 2011 MINIUTE NO: 20170413 Policy Amended: 19 April 2017 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 198 of 200 11. OCCUPATIONAL HEALTH AND SAFETY
POLICY 11.1 OCCUPATIONAL SAFETY & HEALTH
11.1 OCCUPATIONAL SAFETY & HEALTH
This policy outlines the Shire of Carnamah’s commitment to continuously improve the occupational safety and health standards within the workplace, to continuously improve the occupational safety and health management systems and to reduce hazards and subsequent incidents in the workplace.
The Shire of Carnamah is committed to managing occupational safety and health, including the development and implementation of an Occupational Safety and Health Management system that complies with or exceeds legislative requirements
The Policy of the Shire of Carnamah is to ensure that every employee works in an environment where every effort is made to prevent accidents, injury and disruption to employees’ health from foreseeable work hazards.
The employer acknowledges a duty of care to: • Provide and maintaining a safe working environment. • Providing adequate training, instruction and supervision to enable employees to perform their work safely and effectively. • Investigating all actual and potentially injurious occurrences in order to identify and control the cause to reduce the level of risk in the workplace • Comply with AS/NZS 4801-2001 Occupational Health and Safety Management Systems audit requirements. • Compliance with current Occupational Safety and Health Act 1984, and the Occupational Safety and Health Regulations 1996, relevant Australian Standards including AS/NZS ISO 31000, 2009 and relevant Approved Codes of Practice • Engage and consult stakeholders and representatives in matters regarding occupational safety and health in the workplace.
Employees have a duty of care to • Working with care for their own safety and that of other employees, contractors, volunteers and public who may be affected by their acts or omissions; • Reporting hazards, accidents, incidents and near misses to their Line Manager; • Co-operating positively in the fulfilment of the obligations placed on their employer; • Assisting in the reporting and investigation of any accidents with the objective of introducing and reviewing controls to prevent re-occurrence.
A safe and efficient place of work is our goal, and we must all be committed by working together to reach this outcome.
MINUTE NO: 30809 Policy Adopted: 20 August 2003 MINUTE NO: 364832 Policy Reviewed: 16 July 2014 MINUTE NO: 20180606 Policy Reviewed: 20 June 2018
Shire of Carnamah Policy Manual – updated March 2021 Page 199 of 200