Banyule City Council Aboriginal and Torres Strait Islander Advisory Committee

BANYULE CITY COUNCIL – ABORIGINAL AND TORRES STRAIT ISLANDER ADVISORY COMMITTEE

TERMS OF REFERENCE

Part One – Roles and Objectives

Name: Banyule Aboriginal and Torres Strait Islander Advisory Committee (BATSIAC)

Aim: The aim of BATSIAC is to provide Council with advice on Aboriginal and Torres Strait Islander issues and on the implementation of Council’s Inclusion, Access and Equity Framework (IAEF) and Aboriginal and Torres Strait Islander Plan.

Key Objective:

The priority of the committee is to assist with the implementation of the Aboriginal and Torres Strait Islander Plan 2014-2017.

Additional Objectives:

 Provide feedback and advice to Council on its policies, plans and services that impact Aboriginal and Torres Strait Islander communities  Consider and provide advice on key Government initiatives, programs and reviews  Advocate on behalf of Aboriginal and Torres Strait Islander communities  Consider funding and other opportunities as they may arise  Assist Council to promote Aboriginal and Torres Strait Islander histories and cultures within the Banyule municipality and beyond  Provide advice to Council with its communication, engagement and consultation with Aboriginal and Torres Strait Islander communities

1 Part Two – Membership

Membership:

The BATSIAC membership will consist of up to 15 community members and will be made up of:

 Councillor(s) and officers (additional to the 15 community members)  Aboriginal and Torres Strait Islander Residents  Representatives from community Organisations, agencies and service providers who have a focus on provision of services to Aboriginal and Torres Strait Islander communities in Banyule  A representative from the Wurundjeri Tribe Lands and Compensation Heritage Council Incorporated – (as a consultant)  A representative from Reconciliation Banyule

All BATSIAC positions are voluntary positions.

Council will aim to ensure that members of the Committee reflect the diversity of the Banyule community including age, gender and role within the community.

Selection process:

The selection committee will include the Manager Health, Ageing and Community Planning and the Community and Social Planning Team. The committee will assess the nominations against the selection criteria and recommend appointments to Council.

Role of members (criteria):

Advisory Committee members will be able to demonstrate:

 Knowledge and understanding of the needs and issues affecting Aboriginal and Torres Strait Islander communities  An interest and involvement in local and/or broader Aboriginal and Torres Strait Islander community affairs, advocacy and networks  An interest and understanding of Local Government services and programs from an Aboriginal and Torres Strait Islander community perspective  The ability to contribute to the strategic development of Aboriginal and Torres Strait Islander policy at local government level  Direct links to the local Aboriginal and Torres Strait Islander community and/or organisations  Experience and/or understanding of the role of an advisory committee

2 Terms of Appointment:

 Appointments will be for a two year term  Expressions of Interest for membership will be advertised for a minimum of 14 days  Council will appoint a Councillor to Chair the meetings  Members completing a two year term may re-apply for a further two year term  The membership of the Committee will be reviewed as part of the on-going review and implementation of the IAEF and associated plans.  The operations of the Committee will be evaluated annually to ensure it continues to be effective and relevant.  Members are free to resign from BATSIAC at any time. Previous nominations may be considered to fill the vacancy. An Expression of Interest (EOI) process will be undertaken if there are no previous nominations that meet the criteria.

Meeting Frequency and Duration:

 The BATSIAC will meet quarterly for a duration of 2 hours  It is expected that each member attend a minimum of 60% of all meetings

Role of Councillor:

 To act as Chairperson of the BATSIAC  To be the link between Council and the BATSIAC  To table issues and concerns to Council on behalf of the BATSIAC  To nominate another Councillor to attend meetings in his/her absence

Executive Support:

 The Community and Social Planning Unit of Council will provide Executive support to BATSIAC.

Monitoring and reporting:

 The minutes of BATSIAC meetings will be circulated to members via email for confirmation, and then placed on Council’s website for viewing.  All Committee minutes will be presented to Council for noting.  Recommendations and requests arising from BATSIAC meetings will be presented to Council for consideration. Where this occurs, the request will require the majority support of the committee members present. Responses to recommendations will be determined based on Council’s legislative role, stated commitments in Council’s Policies and Plans and budgetary processes.

3 Evaluation and Review:

An annual evaluation of BATSIAC will be carried out to identify successes, challenges and areas for improvement for the committee.

The BATSIAC Terms of Reference and membership will be reviewed and evaluated on a bi - annual basis or as required for any significant changes.

Reimbursement of expenses:

Individual members of the Committee will be reimbursed for transport related costs they have incurred in participating in meetings and related activities.

The consultant from Wurundjeri Tribe Lands and Compensation Heritage Council Incorporated will be paid a consulting fee.

Supports to participate in the meetings

Council will provide reasonable supports to participate in the meetings, such as note taker and equipment, which will be negotiated with the members as needed.

4 Part Three – Accountability and Extent of Authority

3.1 Recommendations to Council

BATSIAC members have an advisory role and do not hold any authority to make decisions or commitments on behalf of Council.

Where the committee wishes to make recommendations to Council, a consensus of all members present will be sought.

In the absence of such consensus, and provided there is a quorum of at least half of the members (apart from Councillor(s)/Chair and officer(s)) present at the meeting, the recommendation will be put to a vote with the majority recommendation being endorsed as the committee's. The consultant from the Wurundjeri Tribe Lands and Compensation Heritage Council Incorporated can exercise a vote. Council officers can never take part in the vote. In the event of a tie, the Chair may exercise a casting vote.

It is up to the supporting officer to follow up on the Committee’s recommendation, including deciding on the most appropriate means to report back on it to Council or internal departments.

The Committee does not have an operational role and may not direct Council staff in the performance of their duties.

3.2 Assembly of Councillors

The BATSIAC is considered an Assembly of Councillors as defined under section S80A Local Government Act 1989 An assembly of Councillor form records  the names of all Councillors and members of Council staff attending;  the matters considered;  any conflict of interest disclosures made by a Councillor  Whether a Councillor who has disclosed a conflict of interest leaves the assembly as required by the Local Government Act .

The written record of an Assembly of Councillors as soon as practicable must be: a) reported at an ordinary meeting of the Council; and b) incorporated in the minutes of that Council meeting

3.3 Conflicts of Interest

Conflicts of Interest as defined by the Local Government Act S80A (3) Councillors: If a Councillor attending an Assembly of Councillors knows that a matter being considered by the Assembly is a matter, that if considered and decided by Council, the Councillor would have to disclose a conflict of interest, the Councillor must disclose to the Assembly that he or she has a conflict of interest and leave the Assembly whilst the matter is being considered.

5 Staff: A staff member should declare a conflict of interest if providing advice on the matter to Council.

3.4 Conduct of Committee members

Members will: • act honestly and treat others with respect. Failure to do so will be dealt with by the Chair as appropriate.  Exercise reasonable care and diligence.  Not make improper use of their position or make improper use of information acquired because of their position.

Where there is a requirement for confidentiality, this is to be noted in the minutes if the matter arises during a meeting, or made clear to members if arising in communication outside of a meeting (e.g. provision of a draft policy ahead of a meeting, for discussion and feedback at the meeting), and addressed accordingly.

Members of the Committee are not authorised to speak to the media or make public statements on behalf of the Committee (and much less Council), unless the member is a Councillor. In that case, any engagement with the media will be in accordance with Council’s standard media and communications policy.

Members are authorised to disclose general information such as objectives of the Committee, membership procedures, list of activities and information in regard to any issues that have already been previously dealt with and approved in the Committee's discussions.