Kogarah City Council
18 May 2016
EXTRAORDINARY COUNCIL MEETING
Council will hold its next Extraordinary Council Meeting in the Georges River Council Council Chambers, Level 2, 2 Belgrave Street, Kogarah on Thursday, 19 May 2016, commencing at 6:00pm.
I enclose your Agenda for the Meeting.
Gail Connolly Interim General Manager
AGENDA:
WWW.GEORGESRIVER.NSW.GOV.AU A. Acknowledgments of Traditional CustodiansPAPER.
WEBSITE: B. Apologies/Leaves of Absence BUSINESS RIVER
COUNCIL C. Disclosures of Interest GEORGES RIVER THE
D. Administrator Minute VISIT GEORGES
THE PLEASE D1. Newly formed GeorgesOF River Council and Recognition of former Councillors ...... 1 COPY DOCUMENT
I. Reports from PRINTEDOfficers A OFFICIAL IS THE THIS I1. ScheduleFOR of Council Meeting Dates and Venues ...... 5 I2. Delegations to the Interim General Manager ...... 6 I3. Council Seal ...... 23 I4. Power of Attorney ...... 24 I5. Georges River Independent Hearing and Assessment Panel (IHAP) ...... 26 I6. Appointment of Delegates and Representatives - External Organisations and Advisory Committees ...... 45 I7. Code of Meeting Practice ...... 48 I8. Payment of Expenses and the Provision of Facilities for Mayor and Councillors Policy ...... 78 ADMINISTRATOR MINUTE Page 1 EXTRAORDINARY COUNCIL MEETING 19 May 2016
Item D1: Newly formed Georges River Council and Recognition of former Councillors Author: John Rayner - Administrator
Recommendation: a) That the Minute be received and noted. b) That the dedication and contributions of Councillors and staff of the former City of Hurstville and City of Kogarah Councils be recorded and acknowledged. c) That the service of the Councillors of the former City of Hurstville and City of Kogarah Councils in the 2012 to 2016 Term be suitably recognised.
Background
Tonight we are here to hold the first meeting of the newly formed Georges River Council.
I feel privileged and honoured to be part of this exciting new era of local government. It is an historic occasion and represents an extremely significant changeWWW.GEORGESRIVER.NSW.GOV.AU in local government. PAPER.
As you may already know, The Georges River CouncilWEBSITE: was established by Proclamation on BUSINESS Thursday, 12 May 2016. The local government areasRIVER of the City of Hurstville and the City of Kogarah were amalgamated to form this entity. COUNCIL GEORGES RIVER The merger brings together two vibrant communitiesTHE that are intertwined with similarities and underpinned by a strong sense of communityVISIT spirit. Hurstville City encompasses an area of 23 square kilometres with a populationGEORGES of 86, 484 while Kogarah City has an area of 20 THE PLEASE square kilometres and a populationOF of 61,422.
COPY Combined, we have one of SDOCUMENTydney’s eight regional centres which is experiencing dynamic PRINTED growth, along with a Agreat OFFICIAL sporting legacy, community history, and cultural diversity. Our IS region has an array ofTHE magnificent parks, waterways and living areas complemented by a THIS harmonious population.FOR
We live in a wonderful and bountiful region with all the necessary ingredients that will enable us to become a leading NSW Council, and a City which provides opportunities for investment, jobs growth, and economic development, coupled with a lifestyle that improves community wellbeing into the future.
Tonight’s Extraordinary Meeting provides an open and transparent platform for decisions to be made to undertake Council’s functions and provide strategic direction for the establishment of new policies, procedures and practices. This will give the community confidence that good governance is in place and that their interests are represented.
The decisions Council takes will be made with consideration to the vision of the new entity and importantly will develop trust and confidence within the community.
Extraordinary Council Meeting Page 1 ADMINISTRATOR MINUTE Page 2 EXTRAORDINARY COUNCIL MEETING 19 May 2016 Item D1 (cont.) 1) Acknowledgement of former Hurstville and Kogarah City Councils; Mayors, Councillors and staff
I would like to take this opportunity to publicly acknowledge the service to the community and contributions made by former Hurstville and Kogarah City Councils; Mayors, Councillors and staff. Your hard work and dedication is most appreciated and you have provided residents and ratepayers with excellent services and facilities.
While the transition to Georges River Council will present many challenges, the solid foundation that already exists renders these challenges as exciting new opportunities.
This meeting provides an opportunity to record and recognise the contribution of the former Councillors of both the City of Kogarah and the City of Hurstville. As elected representatives Councillors freely give of their time to serve and represent their community, I admire their dedication and commitment.
To the Councillors of the former Hurstville and Kogarah City Councils thank you for your hard work. You have provided residents and ratepayers with outstanding services and facilities along with prudent financial management over many years. Your efforts are very much appreciated.
I will now formally acknowledge the contribution of the formerWWW.GEORGESRIVER.NSW.GOV.AU Councillors who served the City of Hurstville and the City of Kogarah from SeptemberPAPER. 2012 to May 2016.
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BUSINESS Kogarah HurstvilleRIVER Mayor – Stephen Agius Mayor – Vince Badalati COUNCIL Mayor : 2013 - 2014 and 2015 - 2016 GEORGESMayor 17 September 2001- 14 April 2004, RIVER Councillor: 2008 - 2016 THE 14 September 2005 – 9 September 2009, 10 VISIT September 2015- 12 May 2016 GEORGES Emeritus Mayor 2012 THE PLEASE OF Councillor: elected councillor September
COPY 2004, 2008, 2012 Deputy Mayor – Annie TangDOCUMENT Deputy Mayor – Dominic Sin PRINTED Deputy Mayor: -2005A –OFFICIAL 2006, 2008 – 2009, September 2015 – 12 May 2016 IS 2009 – 2010, 2010 – THE2011, 2013 - 2014, Councillor: 14 September 2012- 2015 THIS 2014-2015, 2015-2016FOR Councillor: 1999 - 2016 Emeritus Mayor – Nickolas Varvaris Emeritus Mayor – Philip Sansom 2011 Mayor: 2005 – 2006, 2008 - 2009, 2009 – onwards 2010, 2010 – 2011, 2011 – 2012, 2012 - 2013 Mayor – 27 September 1999 -4 September Deputy Mayor: 2004 – 2005, 2006 - 2007 2000, 10 September 2009 – 12 September Councillor: 1999 - 2016 2011 Deputy Mayor - 2005/6, 2008/9 Councillor – Elected September 1991, September 2004, 2008, 2012- 12 May 2016 Councillor – Michael Platt Councillor – Colin Drane Mayor: 2004 - 2005, 2014 - 2015 Councillor: 14 September 2012- 12 May Deputy Mayor: 1996 - 1997, 2012 - 2013 2016 Councillor: 1991 - 2016 Councillor –Nick Katris Councillor –Nancy Liu Mayor: 2007 – 2008 Deputy Mayor : September 2013 –
Extraordinary Council Meeting Page 2 ADMINISTRATOR MINUTE Page 3 EXTRAORDINARY COUNCIL MEETING 19 May 2016 Item D1 (cont.) Councillor: 1995 - 2016 September 2014 Councillor: Elected September 2008, 14 September 2012
Councillor – Kathryn Landsberry Councillor –Brent Thomas Deputy Mayor: 2007 - 2008 Councillor March 2014- 12 May 2016 Councillor: 2004 - 2016 Councillor – Jacinta Petroni Councillor –Justin Mining Deputy Mayor: 2011 - 2012 Councillor 14 September 2012- 12 May 2016 Councillor: 2008 - 2016 Councillor –Lachlan McLean Councillor –Con Hindi Councillor: 2008 - 2016 Mayor – 11 September 2014 -9 September 2015 Deputy Mayor – September 2009- September 2012 Elected councillor September 2004, 2008, 2012
Councillor- Nathaniel Smith Councillor – Christina Wu Councillor: 2012 - 2016 14 September 2012- 12 May 2016
WWW.GEORGESRIVER.NSW.GOV.AU Councillor – Nicholas Aroney CouncillorPAPER. – Michelle Stevens Councillor: 2012 - 2016 DeputyWEBSITE: Mayor September 2014 - September BUSINESS 2015RIVER Councillor 14 September 2012-12 May 2016 COUNCIL GEORGES RIVER Councillor –George Katsabaris THE Councillor – Rita Kastanias Councillor: 2012 - 2016 VISIT Councillor 14 September 2012- 12 May 2016 GEORGES
Councillor – Sam StratikopoulosTHE PLEASE Councillor: 2012 - 2016 OF
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PRINTED Arrangements are beingA OFFICIAL made to suitably recognise the service of those former Councillors. IS THE THIS 2) From nowFOR to September 2017
In establishing Georges River Council, the NSW Government has communicated the following expectations:
By September 2017 Georges River Council will be substantially implemented; Administrators and interim General Managers will make decisions with future success in mind; There will be a balanced focus on business as usual, establishing the new Council, delivering benefits of reform and engaging communities. The next local government election will be held on 9 September 2017. There will be fifteen (15) Councillors elected from five (5 )Wards and this elected Council will hold office until September 2020.
Extraordinary Council Meeting Page 3 ADMINISTRATOR MINUTE Page 4 EXTRAORDINARY COUNCIL MEETING 19 May 2016 Item D1 (cont.) It is my aim to work with Council staff, the community and former Councillors over the coming months to build a strong platform from which the elected Council can further develop good governance and enhance the quality of projects and services provided to residents. By moving forward with establishing policies, procedures and practices this will give the community confidence that good governance is in place along with consideration of a number of Council reports tonight. Council is required to report to the NSW Government on a monthly basis on its progress in establishing the new Council. The first report will be made on 31 May 2016. It is important also that current performance levels can be measured against the organisation’s performance in the future. With the absence of elected representatives for the next 17 months it is important that residents and ratepayers feel they can take their requests and concerns to me and the Council. I want to ensure the community feels engaged with the new Council and I will be available to meet with residents to discuss matters you wish to raise with me. The opportunity to speak at Council meetings will continue to be available from the first regular Council meeting in June 2016. Also the Premier has announced that Councillors who have served on merged Councils will have the opportunity to participate on newly established local committees aimed at successfully implementation of the new Council. An approach will soon be made to former Councillors to ascertain their interest in making the new Council a success.
Once again in closing, I would like to express how deeply WWW.GEORGESRIVER.NSW.GOV.AUhonoured I am to be appointed to serve the community as Administrator of Georges RiverPAPER. Council and I look forward to working with you. WEBSITE:
BUSINESS RIVER
Attachments/Annexures COUNCIL GEORGES RIVER THE Nil. VISIT
GEORGES THE PLEASE End of Report OF
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Extraordinary Council Meeting Page 4 Page 5 EXTRAORDINARY COUNCIL MEETING 19 May 2016
Item I1: Schedule of Council Meeting Dates and Venues Author: Sina Camilleri - Governance Officer Reason for report: To consider a proposed schedule of dates and venues for Council meetings for the remainder of 2016. Recommendation:
That the proposed schedule of dates and venues for Council meetings listed in the report be approved.
Background
1. The Georges River Council meetings are proposed to be held at 6.00pm on the first Monday of each month, and on the second Monday of the month when the first Monday is a public holiday. The details of the location for the meeting will be provided on the Meeting Notice which is published with the Agenda, 3 working days prior to the meeting date.
2. The Council Meeting Agenda will be published on the Georges River Council website in pdf format and will be duplicated to previous Council websites, namely Kogarah WWW.GEORGESRIVER.NSW.GOV.AU
City Council and Hurstville City Council for thePAPER. time being.
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3. The proposed dates and venues for CouncilBUSINESS meetings for the remainder of 2016 are: RIVER
Peakhurst Ward - Monday, COUNCIL 6 June 2016 – 6.00pm - Club Rivers – 32-34 GEORGES RIVER Littleton Street, Riverwood THE
Hurstville Ward - Monday,VISIT 4 July 2016 – 6.00pm – Hurstville Civic Centre – MacMahon Street, HurstvilleGEORGES THE PLEASE Mortdale Ward OF - Monday, 1 August 2016 – 6.00pm - Mortdale Community
Centre – 2B-2CCOPY Boundary Road, Mortdale Blakehurst WardDOCUMENT - Monday, 5 September 2016 – 6.00pm – Zippo’s Restaurant and Bar, PRINTED12 Merriman Street, Kyle Bay A OFFICIAL IS KogarahTHE Bay Ward – Monday, 10 October 2016 – 6.00pm - Kogarah Civic THIS CentreFOR – 2 Belgrave Street, Kogarah TBC - Monday, 7 November 2016 - 6.00pm - Venue TBA TBC - Monday, 5 December 2016 - 6.00pm - Venue TBA
Operational Plan Budget
4. Within budget allocation.
Attachments/Annexures
Nil.
End of Report
Extraordinary Council Meeting Page 1 Page 6 EXTRAORDINARY COUNCIL MEETING 19 May 2016
Item I2: Delegations to the Interim General Manager Author: Cathryn Bush - Manager Governance Reason for report: To delegate to the Interim General Manager functions of the Council pursuant to s377 of the Local Government Act 1993. Recommendation:
That the delegations to the Interim General Manager pursuant to s377 of the Local Government Act 1993 attached to the report be approved.
Background
1. Subsequent to the amalgamation of the former Hurstville and Kogarah City Councils it is necessary to consider the delegation of functions of the Council to the Interim General Manager.
2. Section 377 (1) of the Act provides Council with the general power via a Council resolution to delegate to the General Manager or any other person or body (not including another employee of the council) any of the functions of the council, other than the following: WWW.GEORGESRIVER.NSW.GOV.AU
PAPER.
(a) the appointment of a general manager;WEBSITE:
BUSINESS (b) the making of a rate; RIVER COUNCIL GEORGES RIVER (c) a determination underTHE section 549 as to the levying of a rate;
VISIT (d) the making GEORGESof a charge; THE PLEASE OF (e) the fixing of a fee; COPY DOCUMENT
(f) PRINTEDthe borrowing of money; A OFFICIAL IS THE THIS (g) FOR the voting of money for expenditure on its works, services or operations;
(h) the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment);
(i) the acceptance of tenders which are required under this Act to be invited by the council;
(j) the adoption of an operational plan under section 405;
(k) the adoption of a financial statement included in an annual financial report;
(l) a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6;
Extraordinary Council Meeting Page 1 Page 7 EXTRAORDINARY COUNCIL MEETING 19 May 2016 Item I2 (cont.) (m) the fixing of an amount or rate for the carrying out by the council of work on private land;
(n) the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work;
(o) the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979 ;
(p) the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194;
(q) a decision under section 356 to contribute money or otherwise grant financial assistance to persons;
(r) a decision under section 234 to grant leave of absence to the holder of a civic office;
WWW.GEORGESRIVER.NSW.GOV.AU (s) the making of an application, orPAPER. the giving of a notice, to the Governor
or Minister; WEBSITE: BUSINESS RIVER (t) this power of delegation; COUNCIL GEORGES RIVER (u) any function under THEthis or any other Act that is expressly required to be exercised by resolutionVISIT of the council. GEORGES
THE PLEASE 3. Part (2) of Section 377OF provides Council with the ability via Council resolution to
sub-delegate to the COPYGeneral Manager or any other person or body (not including another employee of DOCUMENTthe council) any function delegated to the council by the PRINTED Department ChiefA OFFICIAL Executive except as provided by the instrument of delegation to the IS Council. THE THIS FOR 4. Section 378 of the Local Government Act provides the General Manager with the ability to sub-delegate a function delegated to the General Manager by the Council to any person or body (including another employee of the Council), other than this power of delegation.
5. A review of the delegations of the General Managers of the former Hurstville and Kogarah City Councils has been undertaken and proposed delegations to the Interim General Manager are attached. These proposed delegations are consistent with both Sections 377 and 378 of the Act.
Operational Plan Budget
6. No budget impact for this report.
Extraordinary Council Meeting Page 2 Page 8 EXTRAORDINARY COUNCIL MEETING 19 May 2016 Item I2 (cont.)
Attachments/Annexures
1 Delegations for the Interim General Manager 14 Pages Annexure
End of Report
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Extraordinary Council Meeting Page 3 Annexure 1 - Delegations for the Interim General Manager Page 9 DELEGATIONS FOR THE (INTERIM) GENERAL MANAGER
Pursuant to Section 377 of the Local Government Act 1993 Georges River Council delegates the following powers and responsibilities to the position of (Interim) General Manager.
1.1 Public Notice of Meetings
1.1.1 To give notice to the public of Council and Committee Meetings and to prepare the business paper and agenda for those meetings in accordance with Section 9 of the Local Government Act 1993.
1.2 Access to Council Documents
1.2.1 To determine informal Government Information (Public Access) [GIPA] applications for access to information under GIPA Act 2009 and GIPA Regulations 2009.
1.2.2 To determine informal and formal Government Information (Public Access) [GIPA] applications for access to information under GIPA Act 2009 and GIPA Regulations 2009. WWW.GEORGESRIVER.NSW.GOV.AU 1.2.3 To undertake the role of “Right to InformationPAPER. Officer” to assist in the application of access to information under GIPA WEBSITE:Act 2009 and GIPA Regulations 2009. BUSINESS RIVER 1.2.4 To undertake the role of ‘Internal Reviewer’ under Section 84 of GIPA Act 2009. COUNCIL GEORGES RIVER 1.2.5 To review and update council’sTHE Publication Guide under s20 of the Government Information (Public Access)VISIT [GIPA] Act 2009 as required. GEORGES
THE PLEASE 1.2.6 To determine OFapplications for access to documents under the Privacy and Personal
InformationCOPY Protection Act 1998 & the Health Records and Information Privacy Act 2002 (withDOCUMENT concurrence of Council under s377, s378 & s381 of the Local PRINTED GovernmentA OFFICIAL Act). IS THE THIS 1.2.7 ToFOR undertake the role of “Privacy Contact Officer” to assist in the application of the Privacy and Personal Information Protection Act 1998 and Health Records and Information Privacy Act 2002 (with concurrence of Council under s377, s378 & s381 of the Local Government Act).
1.2.8 To monitor the Council’s Privacy Management Plan under the Privacy and Personal Information Protection Act 1998 & the Health Records and Information Privacy Act 2002 and to notify the Privacy Commissioner of any amendments to that plan (with concurrence of Council under s377, s378 & s381 of the Local Government Act).
1.2.9 To assist in the application of the Privacy and Personal Information Protection Act 1998 & Health Records and Information Privacy Act 2002 (with concurrence of Council under s377, s378 & s381 of the Local Government Act). Annexure 1 - Delegations for the Interim General Manager Page 10
1.2.10 To review determination of access to documents under the Privacy and Personal Information Protection Act 1998 & Health Records and Information Privacy Act 2002 (with concurrence of Council under s377, s378 & s381 of the Local Government Act).
1.2.11 To assist in the application of the Protected Disclosures Act 1994 (with concurrence of Council under s377, s378 & s381 of the Local Government Act).
1.2.12 To undertake the role of “Disclosure Officer” to assist in the application of the Protected Disclosures Act 1994 (with concurrence of Council under s377, s378 & s381 of the Local Government Act).
1.2.13 To undertake the role of “Disclosure Co-ordinator” to assist in the application of the Protected Disclosures Act 1994 (with concurrence of Council under s377, s378 & s381 of the Local Government Act).
1.3 Records Management
1.3.1 To retain, preserve and destroy records under Section 739A of the Local Government Act 1993 and in accordance withWWW.GEORGESRIVER.NSW.GOV.AU the State Records Act 1998 and its standards. PAPER. WEBSITE:
BUSINESS 1.4 Public Land Management RIVER
COUNCIL 1.4.1 To prepare Local EnvironmentalGEORGES Plans for the purpose of reclassifying public land RIVER Under Section 28 of the LocalTHE Government Act 1993.
VISIT 1.4.2 To arrange public GEORGEShearings for the re-classification of public land under Section THE PLEASE 29 of the LocalOF Government Act 1993.
COPY 1.4.3 To give publicDOCUMENT notice of a proposed resolutions to classify public land under SectionPRINTED 34 of the Local Government Act 1993. A OFFICIAL IS THE THIS 1.4.4 ToFOR prepare Draft Plans of Management under Section 36 of the Local Government Act 1993.
1.4.5. To give notice of a Draft Plan of Management under Section 38 and 39 of the Local Government Act 1993.
1.4.6 To make Plans of Management available to the public under Section 43 of the Local Government Act 1993.
1.4.7 To lease or licence community land for a term not exceeding 1 year under Section 46 of the Local Government Act 1993.
1.4.8 To call for tenders to lease community land under Section 46A of the Local Government Act 1993. Annexure 1 - Delegations for the Interim General Manager Page 11
1.4.9 To deal with leases under Section 47 and 47A of the Local Government Act 1993.
1.4.10 To dedicate community land for public road under Section 47F of the Local Government Act 1993. 1.4.11 To appoint a Chairperson to preside at a public meeting under Section 47G of the Local Government Act 1993.
1.4.12 To keep a land register under Section 53 of the Local Government Act 1993.
1.4.13 To issue certificates of classification of public land under Section 54 of the Local Government Act 1993.
1.4.14 To arrange public hearings to categorise or re-categorise community land under Section 40A of the Local Government Act 1993.
1.5 Tenders
1.5.1 To invite tenders under Section 55 of the Local Government Act 1993.
1.5.2 To act as an appropriate person, within theWWW.GEORGESRIVER.NSW.GOV.AU meaning of clause 164 of the Local Government (General) Regulation 2005,PAPER. to receive or deal with tenders submitted to Council. WEBSITE: BUSINESS RIVER
1.5.3 To open tenders under clauseCOUNCIL 175 of the Local Government (General) Regulation 2005. GEORGES RIVER THE 1.6 Emergency Issues VISIT GEORGES
THE PLEASE 1.6.1 To comply withOF directions under Section 62 of the Local Government Act 1993.
COPY DOCUMENT 1.7 Private Land PRINTED A OFFICIAL IS 1.7.1 To carryTHE out works on private land under Section 67 of the Local Government Act THIS 1993.FOR
1.8 Approvals
1.8.1 To determine an application for approval of an activity specified in the Table set out in section 68 of the Local Government Act 1993 (NSW).
1.8.2 To reject unclear or illegible applications for approval pursuant to section 85 of the Local Government Act 1993.
1.8.3 To review a determination made under delegated authority in respect of an application for approval of a section 68 Activity, pursuant to Section 100 of the Local Government Act 1993 (NSW). Annexure 1 - Delegations for the Interim General Manager Page 12 1.8.4 To determine an application to amend, extend or renew an approval of a section 68 Activity pursuant to sections 106 and 107 of the Local Government Act 1993 (NSW).
1.8.5 To revoke or modify an approval of a Section 68 Activity, pursuant to Section 108 of the Local Government Act 1993.
1.9 Orders
1.9.1 To exercise Council's functions under part 2 of Chapter 7 of the Local Government Act 1993 (NSW) including (but not limited to) the giving of an Order pursuant to Section 124 of that Act.
1.9.2 To give combined orders under Section 143 of the Local Government Act 1993.
1.9.3 To give orders to occupiers of land under Section 148 of the Local Government Act 1993.
1.10 Local Policies
1.10.1 To prepare draft local approvals policy underWWW.GEORGESRIVER.NSW.GOV.AU Section 158 of the Local Government Act 1993. PAPER. WEBSITE:
BUSINESS 1.10.2 To prepare draft local policy for ordersRIVER under Section 159 of the Local Government Act 1993. COUNCIL GEORGES RIVER 1.10.3 To exhibit a draft local policyTHE under Section 160 of the Local Government Act 1993. VISIT GEORGES
THE PLEASE 1.10.4 To give publicOF notice of a local policy under Section 166 of the Local
GovernmentCOPY Act 1993. DOCUMENT
1.10.5 To makePRINTED available the local policy under Section 167 of the Local Government A OFFICIAL IS Act 1993.THE THIS FOR 1.11 Inspection and Investigation
1.11.1 To act as an investigation authority and council investigation officer within the meaning of the Environmental Planning and Assessment Act 1979.
1.11.2 To act as an authorised person within the meaning of the Local Government Act 1993.
1.11.3 To act as an authorised officer, enforcement officer and appropriate regulatory authoritywithin the meaning of the Protection of the Environment Operations Act 1997. Annexure 1 - Delegations for the Interim General Manager Page 13 1.11.4 To act as an authorised officer within the meaning of the Swimming Pool Act 1992.
1.11.5 To enter land for purposes of inspection or investigation where authorised under the provision of any Act or Regulation.
1.11.6 To enter land for purposes of inspection or investigation where authorised under the provisions of the Impounding Act 1993 and the Companion Animals Act 1997.
1.11.7 To enter any premises or land for purposes of inspection or investigation pursuant to Section 119D of the Environmental Planning and Assessment Act 1979.
1.11.8 To enter any premises or land for purposes of inspection or investigation pursuant to Sections 191 and 192 of the Local Government Act 1993.
1.11.9 To give notice of entry where required under any Act or Regulation.
1.11.10 To give notice of entry where required under the provisions of the Impounding Act 1993 and the Companion Animals Act 1997.
WWW.GEORGESRIVER.NSW.GOV.AU 1.11.11 To give owner or occupier of premisesPAPER. written notice of Council’s intention to enter premises pursuant to the provisionsWEBSITE: of the Environmental Planning & BUSINESS Assessment Act 1979, Local GovernmentRIVER Act 1993, Swimming Pools Act 1992 and any other legislation by which an authorised officer or person authorised by COUNCIL Council has the power to enterGEORGES premises. RIVER THE
1.11.12 To recover the cost of enteringVISIT or inspection where authorised by any Act or Regulation. GEORGES THE PLEASE OF
1.12 Governance COPY DOCUMENT
1.12.1 To reviewPRINTED ward boundaries under Section 211 of the Local Government Act 1993. A OFFICIAL IS THE THIS 1.12.2 ToFOR pay Councillors an annual fee under s248 of the Local Government Act 1993.
1.12.3 To pay the Mayor an annual fee under s249 of the Local Government Act 1993.
1.12.4 To give notice of a proposed policy concerning expenses and facilities under Section 253 of the Local Government Act 1993.
1.12.5 To prepare and implement an Equal Employment Opportunity Plan under Section 345 of the Local Government Act 1993.
1.12.6 To advertise staff positions under Section 348 of the Local Government Act 1993.
1.12.7 To appoint staff under Sections 349, 350 and 351 of the Local Government Act 1993. Annexure 1 - Delegations for the Interim General Manager Page 14
1.12.8 To arrange adequate insurance against liability under Section 382 of the Local Government Act 1993.
1.12.9 To prepare draft operational plan under Section 403 of the Local Government Act 1993.
1.12.10 To give public notice of a draft operational plan under Section 405 of the Local Government Act 1993.
1.12.11 To keep accounting records under Section 412 of the Local Government Act 1993.
1.12.12 To prepare financial reports under Section 413 of the Local Government Act 1993.
1.12.13 To give public notice of the presentation of the financial reports under Section 418 of the Local Government Act 1993.
1.12.14 To prepare the Annual Report under Section 428 of the Local Government Act 1993.
1.12.15 To prepare a Code of Conduct for CouncillorsWWW.GEORGESRIVER.NSW.GOV.AU and members of staff under Section 440 of the Local Government Act 1993.PAPER. WEBSITE:
BUSINESS 1.12.16 To record disclosures of interest inRIVER Council or Committee Meetings under Section 453 of the Local Government Act 1993. COUNCIL GEORGES RIVER 1.12.17 To keep the common sealTHE under Clause 400 of the Local Government (General) Regulation 2005. VISIT GEORGES
THE PLEASE 1.12.18 To maintain aOF register of Pecuniary Interest Returns under s449 and s450A of the
Local GovernmentCOPY Act 1993. DOCUMENT
1.12.19 To assistPRINTED in the application of Children and Young Persons (Care and Protection) A OFFICIAL IS Act 1998.THE THIS FOR 1.12.20 To assist in the application of the Commonwealth Disability Discrimination Act (DDA) (1992).
1.12.21 To assist in the application of the NSW Anti-Discrimination Act 2011.
1.12.22 To assist in the application of the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011.
1.13 Finance
1.13.1 To categorise land for the purpose of ordinary rates under Section 514 of the Local Government Act 1993. Annexure 1 - Delegations for the Interim General Manager Page 15 1.13.2 To give notice of declaration of category of land under Section 520 of the Local Government Act 1993.
1.13.3 To determine applications for change of category under Section 525 of the Local Government Act 1993.
1.13.4 To make adjustment to rates following changing category under Section 527 of the Local Government act 1993.
1.13.5 To aggregate certain parcels subject to a charge under Section 531B of the Local Government Act 1993.
1.13.6 To give public notice of a charge under Section 532 of the Local Government Act 1993.
1.13.7 To determine exemption from rates under Sections 555 and 556 of the Local Government Act 1993.
1.13.8 To write off accrued interest on rates or charges under Section 567 of the Local Government Act 1993. WWW.GEORGESRIVER.NSW.GOV.AU 1.13.9 To determine rebates for pensioners underPAPER. Section 575 of the Local Government Act 1993. WEBSITE: BUSINESS RIVER
1.13.10 To determine the postponementCOUNCIL of rates under Section 591 of the Local Government Act 1993. GEORGES RIVER THE 1.13.11 To keep a record of ratesVISIT and charges under Section 602 of the Local Government GEORGES
Act 1993. THE PLEASE OF
1.13.12 To issue certificatesCOPY under Section 603 of the Local Government Act 1993. DOCUMENT
PRINTED 1.13.13 To giveA OFFICIAL public notice of fees under Section 610(F) of the Local Government Act IS 1993.THE THIS FOR 1.13.14 To enter into overdraft or loan to an amount not exceeding prior Council approval under s621, s622 and s624 of Local Government Act.
1.13.15 To invest funds under Section 625 of the Local Government Act 1993.
1.13.16 To prepare budget review statements and revision of estimates under Clause 203 of the Local Government (General) Regulation 2005.
1.13.17 To appoint the responsible accounting officer for keeping Council's accounting records under Clause 207 of Local Government General Regulations 2005. Annexure 1 - Delegations for the Interim General Manager Page 16 1.13.18 To assist in the application of GST compliance in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) and related legislation.
1.13.19 To assist in the application of GST compliance in accordance with A New Tax system (Goods and Services Tax Administration) Act 1999 (Commonwealth) and related legislation.
1.13.20 To assist in the application of GST compliance in accordance with A New Tax system (Goods and Services Tax Imposition - Excise) Act 1999 (Commonwealth) and related legislation.
1.13.21 To assist in the application of GST compliance in accordance with A New Tax system (Goods and Services Tax Imposition - General) Act 1999 (Commonwealth) and related legislation.
1.13.22 To assist in the application of GST compliance in accordance with A New Tax system (Goods and Services Tax Transition) Act 1999 (Commonwealth) and related legislation.
1.13.23 To assist in the application of GST complianceWWW.GEORGESRIVER.NSW.GOV.AU in accordance with Taxation Administration Act 1953 (Commonwealth)PAPER. and related legislation. WEBSITE:
BUSINESS 1.13.24 To assist in the application of FringeRIVER Benefits Tax (FBT) compliance in accordance with legislation requirements. COUNCIL GEORGES RIVER Finance – Specific Authorisation THE
VISIT 1.13.25 To authorise procurementGEORGES where Council has approved a budget allocation - THE PLEASE unlimited. OF
COPY 1.13.26 To authoriseDOCUMENT signing of cheques on behalf of Council where Council has approved a budgetPRINTED allocation - unlimited. A OFFICIAL IS THE THIS 1.13.27 ToFOR authorise use of Credit card expenditure where Council has approved a budget to a maximum sum of $10,000.
1.13.28 To authorise petty cash reimbursements to a maximum sum of $200.
1.13.29 To manage and authorise the settlement of insurance claims (regardless of type) - unlimited.
1.14 Enforcement
1.14.1 To be an authorised person or officer for the serving of a penalty infringement notice/notice/order or direction on a person or business who has committed an offence under any Act for which Council has been given authority to serve the penalty infringement notice/notice/order or direction. Annexure 1 - Delegations for the Interim General Manager Page 17 1.14.2 To be an authorised person under Section 680 of the Local Government Act 1993 to demand the name of an offender.
1.14.3 To remove persons committing an offence from community land under Section 681 of the Local Government Act 1993.
1.14.4 To lay any information in respect of any proceedings for any offence pursuant to Section 684 of the Local Government Act 1993.
1.14.5 To appear in the Local Court under Section 687 of the Local Government Act 1993.
1.14.6 To be authorised pursuant to section 687 of the Local Government Act 1993 (NSW): (a) to represent Council as though they are the party concerned in Local Court proceedings; and to institute and carry on any Local Court proceedings which Council is authorised to institute and carry on.
1.14.7 To authorise the commencement of proceedings for an offence against the Local Government Act or other Acts in either the Local Court or the Land and Environment Court of NSW.
WWW.GEORGESRIVER.NSW.GOV.AU 1.14.8 To conduct and/or instruct on authorisedPAPER. proceedings for an offence against the Local Government Act or other Acts WEBSITE:in either the Local Court or the Land and BUSINESS Environment Court of NSW. RIVER
COUNCIL 1.14.9 To conduct and/or instruct proceedingsGEORGES for the recovery of rates or charges under RIVER Section 712 of the Local GovernmentTHE Act 1993.
VISIT 1.14.10 To commence proceedingsGEORGES to restrain a breach of the Local Government Act or THE PLEASE other Acts in theOF Land and Environment Court of NSW.
COPY 1.14.11 To conduct DOCUMENTand/or instruct proceedings to restrain a breach of the Local GovernmentPRINTED Act or other Acts in the Land and Environment Court of NSW. A OFFICIAL IS THE THIS 1.14.12 ToFOR confiscate recreational equipment under section 681A of the Local Government Act 1993.
1.14.13 To authorise the erection of notices under Section 632 and 633 of the Local Government Act 1993.
1.14.14 To erect notices regulating free parking areas under Section 650 of the Local Government Act 1993.
1.15 Environmental Planning & Assessment Act 1979
1.15.1 To exercise the powers of an authorised officer under Sections 118A, 118B, 118BA, 118C, 118D, 118E, 118F, 118G, 118H & 118I (Powers of entry, inspection and investigation) under the provisions of the Environmental Planning & Assessment Act 1979. Annexure 1 - Delegations for the Interim General Manager Page 18
1.16 Impounding Act 1993
1.16.1 To exercise the powers given to Council as an impounding officer under the provisions of the Impounding Act 1993.
Swimming Pool Act 1992
1.16.2 To act as an inspector within the meaning of the Swimming Pools Act 1992 (NSW).
1.16.3 To issue a direction pursuant to section 23 of the Swimming Pools Act 1992 (NSW).
1.16.4 To determine an application for exemptions from the barrier requirements for swimming pools pursuant to section 22 of the Swimming Pools Act 1992 (NSW).
1.17 Road Transport (General) Act 2005
1.17.1 To exercise the powers of an authorised officer under Section 136, 137, 138 and 140 (Direction to stop and move vehicle orWWW.GEORGESRIVER.NSW.GOV.AU combination) of the Road Transport (General) Act 2005. PAPER. WEBSITE:
BUSINESS 1.17.2 To exercise the powers of an authorisedRIVER officer under Section 171 and 173 (Production of Drivers Licence / identity of driver) of the Road Transport COUNCIL (General) Act 2005. GEORGES RIVER THE
1.17.3 To be an authorised personVISIT for the serving of an Order under Section 124 of the Local GovernmentGEORGES Act 1993, or under any other Act or Regulation. THE PLEASE OF
1.20 Public Roads COPY DOCUMENT
1.20.1 To bePRINTED an authorised officer under the Roads Act 1993. A OFFICIAL IS THE THIS 1.21 CompanionFOR Animals Act 1998
1.21.1 To exercise the powers of a local authority, Council and an authorised officer under the provisions of the Companion Animals Act 1998.
1.21.2 To exercise the powers of an authorised officer under Sections 32, 52, 58G(1), 58G(1A), 58G(2)(a), 62, 69A, 69B, 69C, 69E, 69F, 69G of the Companion Animals Act 1998. Annexure 1 - Delegations for the Interim General Manager Page 19
1.22 Development and Planning
1.22.1 To make an Environmental Planning Instrument under Section 24 of the Environmental Planning and Assessment Amendment Act 2008.
1.22.2 To make an Environmental Planning Instrument under Section 24 of the Environmental Planning and Assessment Act 1979.
1.22.3 To determine an application for development consent under Part 4 of the Environmental Planning and Assessment Act 1979 (NSW), pursuant to section 80 of that Act.
1.22.4 To determine an application for a review of a determination of a development application, pursuant to section 82A of the Environmental Planning & Assessment Act 1979.
1.22.5 To determine an application for a review of a determination of an application to modify a development application, pursuant to section 96AB of the Environmental Planning & Assessment Act 1979.
WWW.GEORGESRIVER.NSW.GOV.AU 1.22.6 Determine an application for a complyingPAPER. development certificate pursuant to section 85A (6) of the EnvironmentalWEBSITE: Planning & Assessment Act 1979 (NSW). BUSINESS RIVER 1.22.7 To determine an application to increase the lapsing period for a development COUNCIL consent pursuant to section 95AGEORGES of the Environmental Planning and Assessment RIVER Act 1979. THE
VISIT 1.22.8 To determine an applicationGEORGES to modify a development consent pursuant to section THE PLEASE 96 & 96AA ofOF the Environmental Planning & Assessment Act 1979 (NSW).
COPY 1.22.9 To reach agreement,DOCUMENT on behalf of the Council, during a conciliation conference with thePRINTED Applicant in a Class 1 merit review appeal, pursuant to section 34(3) of A OFFICIAL IS the LandTHE and Environment Court Act 1979 (NSW). THIS FOR 1.22.10 To give consent, on behalf of the Council, to a Commissioner disposing of a Class 1 merit review appeal during a conciliation conference, pursuant to section 34(4)(b) of the Land and Environment Court Act 1979 (NSW).
1.22.11 To determine an application for a construction certificate, compliance certificate, occupation certificate and subdivision certificate, in accordance with Part 4A of the Environmental Planning & Assessment Act 1979 (NSW).
1.22.12 To give an order under Section 121B of the Environmental Planning and Assessment Act 1979. Annexure 1 - Delegations for the Interim General Manager Page 20 1.22.13 To exercise Council’s functions under part 6 Division 2A (Orders) of the Environmental Planning & Assessment Act 1979 (NSW), including (but not limited to) the giving of an Order pursuant to section 121B of that Act.
1.22.14 To issue a certificate as to outstanding orders or notices pursuant to section 121ZP of the Environmental Planning & Assessment Act 1979 (NSW) or section 735A of the Local Government Act 1993 (NSW).
1.22.15 To issue planning certificates under Section 149 of the Environmental Planning and Assessment Act 1979.
1.22.16 To determine an application for a building certificate pursuant to sections 149A to 149D of the Environmental Planning & Assessment Act 1979 (NSW).
1.22.17 To reject development applications which are illegible or unclear under Regulation 51 of the Environmental Planning and Assessment Regulation 2000.
1.22.18 To approve the modification of construction certificates under clause 148 of the Environmental Planning and Assessment Regulation 2000.
1.22.19 To determine certain Development ApplicationsWWW.GEORGESRIVER.NSW.GOV.AU in accordance with the Independent Hearing and Assessment PAPER.Panel Charter and Independent Hearing and Assessment Panel Guidelines. WEBSITE: BUSINESS RIVER
COUNCIL 1.23 Protection of the Environment OperationsGEORGES Act 1997 RIVER THE
1.23.1 To exercise the powersVISIT given to Council as an appropriate regulatory authority and an authorised officerGEORGES under the provisions of the Protection of the Environment THE PLEASE Operations ActOF 1997.
COPY 1.23.2 To appoint authorisedDOCUMENT officers for the purposes of the Protection of the EnvironmentPRINTED Operations Act 1997. A OFFICIAL IS THE THIS 1.23.3 ToFOR determine an application for a filming proposal pursuant to Section 115 of the Local Government Act 1993.
1.23.4 To make application, or instruct the Council’s lawyers, to make an application to the Local Court or the Land & Environment Court for an order directing that a provider of water, electricity or gas to a brothel cease to provide those services, pursuant to section 121ZS of the Environmental Planning & Assessment Act 1979 (NSW).
1.23.5 To make application, or instruct Council’s lawyers to make application to the Land & Environment Court for a brothel closure order pursuant to section 17 of the Restricted Premises Act 1943 (NSW).
1.23.6 To exercise the Council's functions under the Liquor Act 2007 (NSW). Annexure 1 - Delegations for the Interim General Manager Page 21
1.23.7 To determine whether an objection made under Section 4.6 of Kogarah Local Environmental Plan 2012 to a development standard, is well founded and consistent with the aims of that Policy.
1.23.8 To accept payment of security, by way of either a deposit or bank guarantee, by an applicant pursuant to a condition of development consent imposed pursuant to section 80A(6) of the Environmental Planning & Assessment Act 1979 (NSW).
1.23.9 To authorise the drawing of any monies paid as security, by way of either a deposit or bank guarantee, by an applicant pursuant to a condition of development consent imposed pursuant to section 80A(6) of the Environmental Planning & Assessment Act 1979 (NSW).
1.23.10 To authorise the release of any payment of security, by way of either a deposit or bank guarantee, by an applicant pursuant to a condition of development consent imposed pursuant to section 80A(6) of the Environmental Planning & Assessment Act 1979 (NSW).
1.23.11 To exercise the Council’s functions under the Community Land Development Act 1989 (NSW) including the issue of certificatesWWW.GEORGESRIVER.NSW.GOV.AU required to accompany plans lodged for registration of a communityPAPER. title or precinct subdivision, and approval of community management schemes andWEBSITE: neighbourhood management schemes. BUSINESS RIVER 1.23.12 To commence, carry on or discontinue legal proceedings in any Court of COUNCIL competent jurisdiction on behalfGEORGES of Council (including the filing of Court RIVER Attendance Notices). THE
VISIT 1.23.13 To nominate and instructGEORGES legal service providers to act for, or advise, Council in THE PLEASE respect of anyOF matter, including proceedings for and against the Council and the
giving of instructionsCOPY to the Council’s legal service provider during the course of proceedings.DOCUMENT
PRINTED A OFFICIAL IS 1.23.13 To determineTHE an application for consent to: (a) erect a structure, or carry out work THIS in,FOR on or over a public road; (b) dig up or disturb the surface of a public road; (c) remove or interfere with a structure, work or tree on a public road; (d) pump water into a public road from any land adjoining a public road; (e) connect a road (whether public or private) to a classified road, pursuant to section 138 and 139 of the Roads Act 1993 (NSW).
1.23.14 To exercise the Council’s functions under the Heritage Act 1977 (NSW), including the making of an interim heritage order where the Minister has authorised the Council to make such an order, and the revocation of that order.
1.23.15 To authorise a refund in respect of fees paid by an applicant in respect of a development application, construction certificate or section 96 modification in accordance with the Environment Planning & Assessment Regulation 2000. Annexure 1 - Delegations for the Interim General Manager Page 22 1.23.16 To invite and accept quotations for a proposed contract in accordance with Council's Procurement Policy.
1.23.17 To authorise a refund in respect of fees paid by an applicant in respect of an application for a Section 68 Activity approval which is withdrawn, pursuant to section 88(3) of the Local Government Act 1993.
1.23.18 To issue a certificate as to outstanding orders or notices pursuant to section 121ZP of the Environmental Planning & Assessment Act 1979 (NSW) or section 735A of the Local Government Act 1993 (NSW).
1.23.19 To determine an application for the issue of a strata certificate within the meaning of the Strata Schemes (Freehold Development) Act 1973 and Strata Schemes (Leasehold Development) Act 1986.
1.23.20 To appoint authorised officers for the purposes of the Protection of the Environment Operations Act 1997.
1.23.21 To exercise the following functions of the Council under the Protection of the Environment Act 1997 (NSW): (a) give a clean up direction, either in writing or orally; (b) give a prevention notice; (c) giveWWW.GEORGESRIVER.NSW.GOV.AU a compliance cost notice; (d) revoke a smoke abatement notice given by an authorisedPAPER. officer; (e) give a notice requiring the production of information and records;WEBSITE: and (f) give, revoke or vary a noise BUSINESS control notice. RIVER
COUNCIL 1.24 Public Health Act 2010 GEORGES RIVER THE
1.24.1 To exercise the powersVISIT given to Council as a local government authority and an authorised officer GEORGESunder the provisions of the Public Health Act 2010. THE PLEASE OF
1.25 Food Act 2003 COPY DOCUMENT
1.25.1 To exercisePRINTED the powers given to Council as an enforcement agency and an A OFFICIAL IS authorisedTHE officer under the provisions of the Food Act 2003. THIS FOR 1.26 General Authority
1.26.1 To exercise the powers of the Council under any Act or Regulation, where the delegation would not be prohibited under Section 377 of the Local Government Act 1993, subject to the following exceptions: Nil. Page23 EXTRAORDINARY COUNCIL MEETING 19 May 2016
Item I3: Council Seal Author: Evan Hutchings - Director Governance and Corporate Services Reason for report: To adopt a new Council Seal as a consequence of the proclamation of Georges River Council on 12 May 2016. Recommendation:
That the Georges River Council Common Seal as shown in the Attachment to the report be adopted in accordance with Clause 400 of the Local Government (General) Regulation 2005.
Background
1. Clause 400 of the Local Government (General) Regulation 2005 requires that “The Seal of a council must be kept by the Mayor or General Manager, as Council determines.”
2. Following the proclamation of the Georges River Council on 12 May 2016, Council is required to adopt a new Common Seal.
3. A confidential copy of a proposed design for the Common Seal is attached. WWW.GEORGESRIVER.NSW.GOV.AU
PAPER.
4. The design replicates the font of the Georges WEBSITE:River Council logo and the leaf pattern
reflects the native tree, Ficus rubiginosa,BUSINESS also known as the Port Jackson fig which is native to the Georges River region. RIVER COUNCIL GEORGES RIVER Operational Plan Budget THE
VISIT 5. Governance Operating BudgetGEORGES 2015/16 – Stationery/Purchase of a Common Seal Stamp - $90. THE PLEASE OF
COPY DOCUMENT Attachments/Annexures PRINTED A OFFICIAL IS THE 1 Georges RiverTHIS Council Seal - Confidential 1 Page Attachment FOR
End of Report
Extraordinary Council Meeting Page 1 Page 24 EXTRAORDINARY COUNCIL MEETING 19 May 2016
Item I4: Power of Attorney Author: Evan Hutchings - Director Governance and Corporate Services Reason for report: To grant Power of Attorney to Gail Connolly as Interim General Manager of Georges River Council. Recommendation: a) That pursuant to Sections 8 and 9 of the Powers of Attorney Act 2003 a limited Power of Attorney be granted to Gail Connolly as Interim General Manager of Georges River Council in accordance with the draft instrument attached to this report. b) That the Administrator be authorised to affix the Common Seal of Council to the Power of Attorney instrument under Clause 400 (4) of the Local Government (General) Regulation 2005.
Background
1. Council is a Corporation with a Common Seal of Council as its formal means to execute documents requiring the affixing of a seal such as Real Property Act forms and Deeds.
WWW.GEORGESRIVER.NSW.GOV.AU 2. Clause 400 of the Local Government (General)PAPER. Regulation 2005 governs the safekeeping and use of the Common Seal of Council.WEBSITE: BUSINESS RIVER 3. A report on the adoption of the Seal of Georges River Council was listed for COUNCIL consideration earlier at this meeting.GEORGES RIVER THE 4. Execution under the Common SealVISIT of Council is not the only means under which Council can lawfully executeGEORGES documents. THE PLEASE OF
5. The Registrar General,COPY and the law generally, gives the same validity to documents exercised under PowerDOCUMENT of Attorney. PRINTED A OFFICIAL IS 6. Should CouncilTHE wish to grant Power of Attorney to the Interim General Manager the THIS execution ofFOR the document regarding the Power of Attorney (attached) will need to be under Common Seal of Council. It is necessary that for this execution the Administrator be authorised to affix the Common Seal of Council.
7. The Grant of the Power of Attorney is personal, that is it will name Gail Connolly as the recipient of the grant and it is capable of revocation at any time by the Council.
Operational Plan Budget
8. No budget impact for this report. Attachments/Annexures
1 Draft Power of Attorney Instrument 1 Page Attachment
End of Report Extraordinary Council Meeting Page 1 Annexure 1 - Draft Power of Attorney Instrument Page 25
POWER OF ATTORNEY
THE COUNCIL OF GEORGES RIVER (hereafter called the “Council”) hereby nominates, constitutes and appoints GAIL CONNOLLY, Interim General Manager of the Council, as and to be its true and lawful attorney for it to do all such acts of every description that may be necessary or expedient to transfer property both real and personal of the Council and to the Council, to grant, release, accept, surrender or vary any lease or licence for the use of any land or other property and to enter into, vary or release restrictive covenants, and to accept indemnities on behalf of the Council involving land owned by the Council or any other land provided however:
(a) the transaction has already been approved by resolution of the Council; or
(b) the transactions is a matter within the delegations given to the Interim General Manager of the Council by the Council under Section 377 of the Local Government Act 1993; or
(c) the transaction is required under a condition of consent issued by the Council pursuant of the Environmental Planning and Assessment Act 1979
WWW.GEORGESRIVER.NSW.GOV.AU IN WITNESS HEREOF the common seal of the Council PAPER.has hereunto been affixed. WEBSITE:
BUSINESS RIVER
COUNCIL GEORGES RIVER THE COMMON SEAL OF THE )THE VISIT
COUNCIL OF GEORGES RIVERGEORGES )
was hereunto affixed thisTHE PLEASE ) day of OF 2016 ) COPY in accordance with a resolutionDOCUMENT made ) on the 19th day of May 2016 ) PRINTED A OFFICIAL IS THE THIS ______FOR Administrator
Extraordinary Council Meeting Page 2 Page 26 EXTRAORDINARY COUNCIL MEETING 19 May 2016
Item I5: Georges River Independent Hearing and Assessment Panel (IHAP) Author: Angelina Aversa-Morassut - Executive Planner (LL) Reason for report: To establish an Independent Hearing and Assessment Panel for the Georges River Council. Recommendation: a) That an Independent Hearing and Assessment Panel (IHAP) be established for the Georges River Council. b) That the Charter and Guidelines for the Georges River Council IHAP annexed to the report be adopted. c) That the Interim General Manager, in consultation with the Administrator appoint the four (4) Independent Hearing and Assessment Panel (IHAP) members and to seek expressions of interest for the pool of five (5) community representatives. d) That the former Kogarah City Council Policy – Determination of Development Applications be amended to include reference to the new Georges River Council, Hurstville Local Environmental Plans, Development Control Plans and the operation of the Independent Hearing and Assessment Panel, as outlined in the body of the report, WWW.GEORGESRIVER.NSW.GOV.AU and that the amended Policy be adopted. PAPER.
WEBSITE:
BUSINESS Background RIVER
COUNCIL 1. The purpose of this report is to: GEORGES RIVER THE Outline the role and functionVISIT of Independent Hearing and Assessment Panels (IHAP) in local governmentGEORGES decision making and a proposal to establish an THE PLEASE IHAP for the GeorgesOF River Council;
Outline the proposedCOPY delegations of the Georges River IHAP; DOCUMENT Outline the proposed constitution and operation of the Georges River IHAP PRINTED meetings;A OFFICIAL IS THE DetailTHIS how the applicant and interested residents are involved in the IHAP process;FOR and Outline the proposed framework for determining which applications get referred to the Georges River IHAP for consideration and determination.
What is an Independent Hearing and Assessment Panel (IHAP)?
2. An Independent Hearing and Assessment Panel (IHAP) is generally made up of an independent panel of professionals who assist Council in the consideration and determination of development applications.
3. Panel members can include professionals such as Lawyers, Urban Designers, Town Planners and other professionals in similar or related fields. IHAPs may also include community representatives.
Extraordinary Council Meeting Page 1 Page 27 EXTRAORDINARY COUNCIL MEETING 19 May 2016 Item I5 (cont.) 4. The establishment of IHAPs are generally accepted as ‘industry best practice’ and provide transparency, integrity, confidence and efficiency in the development assessment process.
5. IHAPs have been utilised for a number of years and have been tried and successfully implemented in a number of NSW Councils including Sutherland, Mosman, Waverley, Warringah, Manly and Liverpool.
6. The established benefits of IHAPs include:
raising community confidence in the planning system; increasing transparency and probity in assessment and determination of significant applications; taking the ‘politics’ out of development application processing; freeing up Councillors to focus on strategic and policy issues; providing an informal setting for applicants and submitters to engage in a reasonable debate and discussion; achieving good urban design outcomes in accordance with Council’s adopted planning instruments and policies; providing another level of independent assessment, in addition to the Council Officers’ assessment of a proposal; and WWW.GEORGESRIVER.NSW.GOV.AU decreasing the likelihood of legal action PAPER.and/or strengthening Council’s case where a matter proceeds to the NSW LandWEBSITE: and Environment Court. BUSINESS RIVER
7. The role and function of IHAPs canCOUNCIL vary depending on the delegations granted by the Council. Panels can operate in an independentGEORGES ‘review and advisory’ capacity, RIVER making recommendations to CouncilTHE for adoption or, they can independently ‘review VISIT
and determine’ applicationsGEORGES by being granted the full delegation of the Council under
Section 377 of the LocalTHE Government PLEASE Act 1993 (NSW). OF
COPY 8. Whilst the first optionDOCUMENT facilitates transparency and an opportunity for ‘technical review’, the advisory role is likely to add an additional ‘layer’ to an already complex PRINTED A OFFICIAL decision makingIS process, potentially resulting in further delays to processing times, THE additionalTHIS ‘red tape’ and is likely to increase costs to applicants. FOR 9. Recent literature indicates that maximum transparency and efficiency in development application processing times has been achieved when IHAPs are granted the full delegations of the Council. This system allows for increased transparency and technical review but can also contribute to a reduction in DA processing times when compared to applications which must be referred to Council for determination.
What decision making framework is proposed for the Georges River IHAP?
10. The Georges River IHAP is proposed to be established with the full delegated authority of the Council pursuant to Section 377 of the Local Government Act, 1993 (NSW). This means that the Panel will provide an independent review of development applications referred to it for consideration and will be able to determine applications without any further referral to Council.
Extraordinary Council Meeting Page 2 Page 28 EXTRAORDINARY COUNCIL MEETING 19 May 2016 Item I5 (cont.) Who are the proposed members of Georges River IHAP and how are meetings run?
11. The proposed Charter of the Georges River IHAP attached to this report outlines matters such as the functions of the IHAP, membership, appointment of members, requirements for a quorum, term of membership, voting rights and other administrative matters such as obligations of members. In summary, the Georges River IHAP is proposed to have:
four (4) members – a lawyer, urban designer, town planner and a ‘pool’ of five (5) community representatives – one from each Ward of the LGA; a two (2) year service period (with option to extend for a further 2 years); the lawyer as the Chairperson; a minimum of three (3) IHAP members to form a quorum; the chairperson as the ‘casting vote’ if votes are tied; and meetings open to the public (although the IHAP will have discretion to close part of the meeting in order to protect commercial information or to deliberate after public representations have been made by the applicant and interested residents).
How are the applicant and interested residents involved in the IHAP process?
WWW.GEORGESRIVER.NSW.GOV.AU 12. The proposed Guidelines of the Georges RiverPAPER. IHAP attached to this report outline the procedural matters involved prior to, during andWEBSITE: post an IHAP meeting. The BUSINESS Guidelines also outline how site inspectionsRIVER by Panel members and interested parties
are proposed to be undertaken. In summary:COUNCIL GEORGES RIVER interested residents or the applicantTHE must register to speak within the allocated VISIT
timeframes if they wishGEORGES to address the IHAP;
residents who haveTHE made PLEASE a written submission (as part of the development application notificationOF process) have a right to address the IHAP. Others have COPY to provide 24 hoursDOCUMENT written notice to address the IHAP; site inspections must be undertaken by the IHAP as a ‘collective panel’. Site PRINTED A OFFICIAL inspectionsIS are to be used by Panel members to acquaint themselves with the THE relevantTHIS site issues; FOR agendas for meetings are to be publicly available five (5) business days before the IHAP meeting; speakers have specified time limits for addressing the IHAP; minutes are to be made publicly available following the IHAP; and the Determination Notice must be provided to the applicant and interested parties which have made written submissions.
What applications are referred to the Georges River IHAP for determination?
13. The proposed Determination of Development Applications Policy attached to this report outlines the framework for deciding which applications are to be determined by Council staff and those which must be referred to the IHAP for determination.
Extraordinary Council Meeting Page 3 Page 29 EXTRAORDINARY COUNCIL MEETING 19 May 2016 Item I5 (cont.) 14. In summary, applications which must be referred to the Georges River IHAP include:
Any Planning Proposals received by Council; or Any matter where the applicant or owner is the Council or a member of staff; or A clause 4.6 variation is submitted for consideration for an LEP Development Standard of 10% or greater, or The proposal involves variations to more than one of the three primary development controls in any applicable Development Control Plan (FSR, height and setbacks) of 10% or greater, or Where objections have been received that are considered valid and that cannot be resolved through the imposition of appropriate conditions, or there is a significant level of community objection, or The application involves the demolition of a heritage item, contributory item within a Heritage Conservation Area or invokes the heritage incentives provisions within the LEP; or Development applications accompanied by planning agreements; or Any application which the Director of Planning and Environmental Services (or equivalent) considers should be considered and determined by the IHAP.
Recommendation: WWW.GEORGESRIVER.NSW.GOV.AU Based on the issues and matters discussed in this reportPAPER. it is recommended: WEBSITE:
BUSINESS a) That an Independent Hearing and AssessmentRIVER Panel (IHAP) be established for
the Georges River Council, effectiveCOUNCIL immediately. GEORGES RIVER b) That the Charter and GuidelinesTHE for the Georges River Council IHAP annexed
to this report be adopted. VISIT GEORGES
c) That the Interim GeneralTHE PLEASE Manager, in consultation with the Administrator appoint the four (4)OF Independent Hearing and Assessment Panel (IHAP)
COPY members and seekDOCUMENT expressions of interest for the pool of five (5) community representatives. PRINTED A OFFICIAL d) That theIS former Kogarah Council Policy – Determination of Development THE THIS ApplicationsFOR be amended to include reference to the new Georges River Council, Hurstville Local Environmental Plans, Development Control Plans and the operation of the Independent Hearing and Assessment Panel, as outlined in the body of the report, and that the amended Policy be adopted.
Operational Plan Budget
15. Within budget allocation. Attachments/Annexures
1 Proposed IHAP Charter 2016 6 Pages Annexure 2 Proposed IHAP Guidelines 4 Pages Annexure 3 Proposed Policy for the Determination of Development 6 Pages Annexure Applications for Georges River Council 2016
End of Report Extraordinary Council Meeting Page 4 Annexure 1 - Proposed IHAP Charter 2016 Page 30
Charter of the Georges River Council Independent Hearing and Assessment Panel 2016
1 Functions of the Georges River Council Independent Hearing and Assessment Panel
The functions of the Georges River Council Independent Hearing and Assessment Panel (IHAP) are to:
(a) determine development applications and modification of consent applications that are within the delegations of those functions to the IHAP from the Council;
(b) provide an independent and open forum for interested persons and the community to make submissions relevant to the applications before IHAP;
(d) provide increased transparency for the determination of significant development applications made to the Council; and WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. (e) achieve good urban design and development outcomes consistent with the relevant WEBSITE: legislation and planning controls. BUSINESS RIVER
2 Constitution of IHAP COUNCIL GEORGES RIVER THE 2.1 Members VISIT
GEORGES
The IHAP is a body constituted THEfor PLEASE the purpose of delegation of functions by the Council under Section 377 of the LocalOF Government Act and consists of the following members: COPY DOCUMENT (a) a lawyer who is currently admitted to practice law in New South Wales as Barrister or PRINTED A OFFICIAL Solicitor; or ISnon-lawyers but professionals with exceptional levels of experience such THE THIS as retired LandFOR and Environment Court Commissioners; and (b) a professional expert with a university degree in urban design; and
(c) a professional expert with a university degree in urban planning or other related field; and
(d) a pool of five (5) community representatives – one from each Ward of the Local Government Area.
2.2 Appointment
Members of the IHAP will be appointed by the General Manager by a Memorandum of Understanding signed by each member and the General Manager.
2.3 Term Annexure 1 - Proposed IHAP Charter 2016 Page 31
The term of the members of IHAP appointed by the General Manager will be for a period of two (2) years with an option to extend the term for a further 2 years, at the discretion of the General Manager.
2.4 Remuneration
A member or an alternate member is entitled to be paid such remuneration as the General Manager will from time to time determine in respect of the member.
2.5 Chairperson
The Chairperson of the IHAP will be the lawyer member. Should the lawyer not be present / available for a meeting the members attending will elect a Chairperson. WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. 2.6 Alternates WEBSITE:
BUSINESS The General Manager may, from time to time, appointRIVER a person to be the alternate to a member, and may revoke any such appointment.COUNCIL While acting in place of a member, the GEORGES RIVER alternate member has all the functions of theTHE member and is taken to be a member.
VISIT 2.7 Vacancies GEORGES THE PLEASE The office of a member becomesOF vacant if the member: COPY DOCUMENT (a) dies, or PRINTED A OFFICIAL IS THE (b) completes a termTHIS of office and is not re-appointed, or FOR (c) resigns the office in writing addressed to the General Manager, or
(d) is removed by the General Manager from office for any or no reason and without notice.
2.8 Filling of Vacancies
If the office of a member becomes vacant, a person may, subject to this charter, be appointed to fill the vacancy.
2.9 Meetings of IHAP
(a) A meeting of IHAP will generally consist of four (4) members, i.e. the lawyer, the urban designer, the environmental planner and one (1) community representative. Annexure 1 - Proposed IHAP Charter 2016 Page 32
(b) The Chairperson may request that one or more additional community representatives from the pool of community members, be available to attend meetings for controversial or significant items.
(c) Each additional community representative, at the discretion of the General Manager, will be an additional member of the IHAP with full voting rights. Each member attending a meeting will have one vote.
2.10 Quorum
A minimum of three (3) IHAP members will form a quorum for a meeting.
2.11 Meeting and Other Processes WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. (a) Proceedings of the IHAP will be open to the public. However, the IHAP may close WEBSITE:
part of a public meeting to the public whereBUSINESS the IHAP is of the opinion that such RIVER action is strictly necessary in order to protect commercial information of a COUNCIL confidential nature. In addition, for theGEORGES purpose of enabling the IHAP to convene in RIVER private for the express purpose of THEdeciding upon its findings, conclusions and decisions, deliberations and decisionsVISIT of the IHAP will be conducted and made in GEORGES closed session followingTHE the PLEASE conclusion of the IHAP hearing submissions on behalf of OF the applicant and any other interested parties. COPY DOCUMENT (b) Where, at any public meeting, there are a large number of objectors with a common PRINTED A OFFICIAL interest, the IHAPIS may, in its absolute discretion, hear a representative of those THE THIS persons withFOR a view to discharging its responsibilities in a timely manner.
(c) The IHAP may, in its absolute discretion, but otherwise fairly and consistently, impose time limits on oral presentations by persons other than members of the Panel with a view to discharging its responsibilities in a timely manner.
(d) Each member of the IHAP, unless otherwise disentitled to vote, is entitled to one vote. However, the person presiding at a meeting of the IHAP has, in the event of an equality of votes, a second or casting vote.
(e) The meetings and other process of the IHAP will be undertaken in accordance with any guideline issued by the General Manager from time to time. Where there are no such guidelines, or where some matter is not covered by the guidelines, regard will be had to the statutory provisions otherwise relevantly applicable to the conduct of NSW local Council meetings to the extent to which they are deemed by the Chairperson to Annexure 1 - Proposed IHAP Charter 2016 Page 33
be appropriate to the conduct of meetings of the IHAP as well as the ordinary law of meetings to the extent to which that law is not inconsistent with the foregoing.
(f) At its absolute discretion, the Panel may make onsite inspections of properties the subject of applications and/or submissions.
(g) The Director of Planning and Environmental Services or equivalent is available to the Panel for inspections and meetings to answer questions and clarify issues.
(h) An officer of the Council as appointed by the General Manager will act as secretary to the IHAP and may be present at any meeting of the IHAP. In addition, the General Manager may, if in the opinion of the General Manager it is necessary or advisable to do so, provide other administrative support to the IHAP whether by way of the provision of staff or otherwise. WWW.GEORGESRIVER.NSW.GOV.AU
PAPER.
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2.12 Determinations/Decisions VISIT GEORGES
THE PLEASE Determinations and any relevantOF decision of the IHAP will be made by a majority of votes of members present at a meetingCOPY and voting. If votes are tied the Chairperson, or person presiding at the meeting willDOCUMENT have the casting vote. PRINTED A OFFICIAL IS 3 Obligations of MembersTHE THIS FOR 3.1 All IHAP member/s are required to comply with the following conditions of engagement detailed below. These conditions are based on Council’s assessment of minimum requirements needed to deliver an appropriate standard of service.
(a) IHAP member/s must perform their obligations under this agreement faithfully and diligently and must, at all times, act in accordance with Council’s Code of Conduct and the requirements of the IHAP Charter. If IHAP member/s do not comply with the Code of Conduct or the IHAP Charter, the General Manager may terminate the IHAP member’s appointment without notice.
(b) Except as required to properly perform their duties, IHAP member/s must not disclose any confidential information (as advised by Council) obtained in connection with the IHAP functions. Annexure 1 - Proposed IHAP Charter 2016 Page 34
(c) IHAP member/s will not make verbal or written statements of any description to any newspaper, television station or radio network or to any person associated with such organisations, in connection with any work undertaken in connection with the IHAP functions.
(d) IHAP member/s may communicate with senior staff of Georges River Council, or other staff nominated by the General Manager.
(e) IHAP member/s must attend all meetings reasonably required by the General Manager.
(f) IHAP member/s will have read and be familiar with the documents provided by Council prior to attending a IHAP meeting.
(g) The relationship between the Council and the IHAPWWW.GEORGESRIVER.NSW.GOV.AU member/s is that of a client and independent contractor, and nothing will bePAPER. taken as constituting the IHAP member/s or any of their employees as an employeeWEBSITE: or servant of the Council. BUSINESS RIVER
3.2 Nothing causes the IHAP membersCOUNCIL or any of their employees or agents: GEORGES RIVER (a) To be the legal representative, THEagent, joint venturer or partner of the Council; or VISIT (b) To have authority to assumeGEORGES or create any obligations of any kind or to make any THE PLEASE representations or warrantiesOF on behalf of the Council or to bind the Council in any
COPY respect (unless exercisingDOCUMENT its delegations in the determination of development applications). PRINTED A OFFICIAL IS THE 4 Matters thatTHIS must be referred to the IHAP FOR Any Planning Proposals received by Council; or Any matter where the applicant or owner is the Council or a member of staff; or A clause 4.6 variation is submitted for consideration for an LEP Development Standard of 10% or greater, or The proposal involves variations to more than one of the three primary development controls in any applicable Development Control Plan (FSR, height and setbacks) of 10% or greater, or Where objections have been received that are considered valid and that cannot be resolved through the imposition of appropriate conditions, or there is a significant level of community objection, or The application involves the demolition of a heritage item, contributory item within a Heritage Conservation Area or invokes the heritage incentives provisions within the LEP; or Development applications accompanied by planning agreements; or Annexure 1 - Proposed IHAP Charter 2016 Page 35
Any application which the Director Planning and Environmental Services (or equivalent) considers should be considered and determined by the IHAP.
WWW.GEORGESRIVER.NSW.GOV.AU
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COUNCIL GEORGES RIVER THE
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Guidelines of the Georges River Council Independent Hearing and Assessment Panel 2016
These Guidelines are issued pursuant to the Charter of the Georges River Council Independent Hearing and Assessment Panel (the “Panel”).
Before the public meeting
1. Any resident, objector, applicant or supporter wishing to address the Panel at any meeting of the Panel or as part of the Panel’s site inspection must register with the Council via email by 12 noon on the day before the meeting of their intention to do so. WWW.GEORGESRIVER.NSW.GOV.AU 2. Unless the Panel otherwise permits, any such personPAPER. must have already lodged a written submission on the subject developmentWEBSITE: application OR must, no later than 24 BUSINESS hours prior to the meeting, provide a writtenRIVER summary (no longer than one A4 page) of the matters upon which the personCOUNCIL wishes to address the Panel. Documents, plans, GEORGES RIVER etc, which have not been submittedTHE as outlined above will not be received or considered by the Panel at the meeting.VISIT GEORGES
THE PLEASE Site inspections OF
COPY 3. Site inspections are toDOCUMENT be held ordinarily in respect of each matter that is to come before any meetingPRINTED of the Panel or when otherwise considered necessary by the Panel. A OFFICIAL IS Site inspectionsTHE will not take place except as a Panel, and will, so far as practicable, THIS be held on FORthe same day as the meeting of the Panel at which the particular matter is to be considered.
4. Council staff with appropriate and relevant expertise will accompany the Panel on site inspections.
5. Site inspections are not to be used for lobbying, but as means of procuring probative material for the purpose of good administrative decision making. Site inspections are for the Panel to acquaint itself with the site and relevant issues and conversations will not be entered into except in clarification through the Chairperson.
6. Adjoining and/or affected properties will be visited by the Panel if the objector has first registered their interest for an inspection or if the Panel otherwise agrees to do so Annexure 2 - Proposed IHAP Guidelines Page 37
at its discretion. It is not a requirement for the Panel to visit an objector’s property to complete its assessment.
The public meeting
7. The Public Meeting of the Panel will meet on a monthly basis.
8. Agendas for meetings are to be publicly available 5 business days preceding the meeting.
9. Speakers at the public hearing of the Panel will be WWW.GEORGESRIVER.NSW.GOV.AUheard in the following order: PAPER. (a) Any objectors or other persons who wish toWEBSITE: make submissions or representations; BUSINESS RIVER
(b) The applicant or the applicant’s COUNCILrepresentative; GEORGES RIVER unless, through the Chairperson, anyTHE Panel Member wishes to clarify any matter with VISIT
the speaker or Council Officer.GEORGES
THE PLEASE 10. Unless the Panel otherwiseOF permits, no resident, objector, applicant or supporter who
COPY addresses the Panel atDOCUMENT any meeting of the Panel may speak for more than 3 minutes in
respect of any PRINTEDone matter before any particular meeting. The Chairperson is to A OFFICIAL exercise discretionIS and allow for an extension of time, subject to the general THE THIS agreement FORof the Panel, as required to ensure all issues are properly considered. As it is acknowledged that this discretion may be exercised more frequently at Site Inspections, it is not required to obtain general agreement of the Panel in this instance.
11. Following the address from residents, objectors, applicants and supporters as above for all matters scheduled for that meeting, the Panel will move to a closed session to deliberate for the express purpose of deciding upon its findings, conclusions and decisions. There is no further opportunity for debate from the members or the applicant and/or their representatives.
12. Should the Panel resolve to request additional information or seek amendment of the application, the Panel may defer the application, providing a written request to the applicant with the reasons for deferral, a copy of which will be made available on the Georges River Council website the following day. In these cases, objectors will be Annexure 2 - Proposed IHAP Guidelines Page 38
invited to a subsequent Panel meeting upon receipt of amended/additional plans and documentation from the applicant.
13. Determinations and any relevant decision of the Panel will be by a majority of votes of members present at a meeting and entitled to vote. If votes are tied the Chairperson will have the casting vote. Voting (including the names and vote of each Panel member when the vote is not unanimous) is to be recorded for the public record.
14. In the event that the IHAP determines an application contrary to the officer’s recommendation the IHAP will publish its reasons for that decision.
After the public hearing
15. Minutes of the Panel are to be made publicly availableWWW.GEORGESRIVER.NSW.GOV.AU following the meeting. PAPER.
16. The Decision Notice will be provided to the applicant.WEBSITE: Those parties which have made BUSINESS written submissions will be made aware ofRIVER the decision in writing.
COUNCIL GEORGES RIVER THE
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PRINTED A OFFICIAL IS THE THIS FOR Annexure 3 - Proposed Policy for the Determination of Development Applications for Georges River Council 2016 Page 39 Policy/Code Title: Determination of Development Applications Policy
Policy/Code Number: P2016.001
Directorate: Former Planning and Environmental Services Former Planning and Development Directorate
Department: Planning and Development Directorate
Strategic Direction/s: An Innovative and Efficient Council
Strategic Goal/s: Deliver timely services, based on the community’s needs.
Responsible Officer: Team Leader DevelopmentWWW.GEORGESRIVER.NSW.GOV.AU Assessment Executive PlannerPAPER. WEBSITE:
BUSINESS RIVER
Relevant Legislation: EnvironmentalCOUNCIL Planning and Assessment Act 1979 EnvironmentalGEORGES Planning and Assessment Regulation RIVER 2000THE LocalVISIT Government Act 1993 GEORGES
THE PLEASE Adoption / Amendment /OF Revision / Date: COPY 19 May 2016 DOCUMENT
PRINTED A OFFICIAL IS THE Resolution Number:THIS <
Amendment History: NA
Review Year: 2017
Note: Policy details may change prior to review date due to legislative changes etc, therefore this document is uncontrolled when printed. Annexure 3 - Proposed Policy for the Determination of Development Applications for Georges River Council 2016 Page 40
Policy Statement
1. Introduction
Under the provisions of the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulations 2000, Council is the “Consent Authority” for the determination of development applications lodged with Georges River Council within the Georges River Local Government Area.
2. Abbreviations
DCP – Development Control Plan LEP – Local Environmental Plan Administrator - the appointed Administrator of the Georges River Council FSR – Floor space ratio EPA Act – Environmental Planning and Assessment Act 1979 EPA Regulation – Environmental Planning and Assessment Regulations 2000 IHAP – Independent Hearing and Assessment Panel LG Act – Local Government Act 1993
3. Purpose WWW.GEORGESRIVER.NSW.GOV.AU PAPER. The purpose of this policy is to provide residents,WEBSITE: professionals, developers and BUSINESS Council staff with a clear and transparent frameworkRIVER for the determination of all development applications requiring CouncilCOUNCIL approval within the Georges River Local Government Area. GEORGES RIVER THE
VISIT
4. Objectives GEORGES
THE PLEASE To establish a decisionOF making framework for development applications COPY determined by theDOCUMENT Georges River Council that is clearly articulated and easily understood. PRINTED A OFFICIAL IS To facilitateTHE the efficient processing of development applications in a THIS consistentFOR and timely manner.
5. Application / Scope
This policy applies to all development applications lodged with the Georges River Council requiring approval under the Environmental Planning and Assessment Act, 1979 (NSW) and Environmental Planning and Assessment Regulation, 2000 (NSW).
This policy applies to all development applications, modifications to development applications and reviews of determination. It does not apply to complying developments. It is applicable to both private and public land. Annexure 3 - Proposed Policy for the Determination of Development Applications for Georges River Council 2016 Page 41 6. Decision making hierarchy
The framework for determining development applications by the Georges River Council is based on the principle that the approach should be proportionate to the scale and impact (risk) of the decision.
6.1 Officer Determination
A development application can be approved by the assessing officer (except Student Planner or Consultant Planner) where:
the development application complies with the FSR, height and setback controls contained in the Kogarah Local Environmental Plan, Hurstville Local Environmental Plan, Kogarah Development Control Plan (KDCP) and Hurstville Development Control Plans (as relevant); and
No objections have been received or remain unresolved.
Where a development application satisfies the above criteria and is within a Heritage Conservation Area or is a Heritage item, it can only be determined (approved) by the assessing officer if the application is being supported by Council’s Heritage Consultant, where a referral was required. WWW.GEORGESRIVER.NSW.GOV.AU PAPER. An application can only be refused by the assessingWEBSITE: officer where there is inadequate BUSINESS information to properly assess an application. RIVER
COUNCIL 6.2 Manager DeterminationGEORGES RIVER THE
VISIT
Where an application has beenGEORGES assessed by a Student Planner or Consultant Planner employed by Georges RiverTHE Council PLEASE and otherwise satisfies the above criteria for determination by the Officer,OF the application will be determined by the Manager COPY Planning and Development/ManagerDOCUMENT Development Assessment.
PRINTED A OFFICIAL The Manager ofIS Planning and Development/Manager Development Assessment can THE refuse an applicationTHIS following an officer’s merit based assessment of compliance with Council’sFOR LEP/DCP objectives controls, where the officer has recommended the application for refusal based on significant variations to major controls and significant adverse impacts.
6.3 Director Determination
The Director of Planning and Environmental Services (or equivalent) can determine Development Applications where the application does not comply with point 6.1 above and:
The application involves a minor variation (<10%) to one or all of the three major LEP/DCP controls; or The application involves a major variation (>10%) to only one (1) of the three major LEP/DCP Controls, or Annexure 3 - Proposed Policy for the Determination of Development Applications for Georges River Council 2016 Page 42 Where objections have been received that upon review are not considered valid or can be appropriately addressed through the imposition of conditions of consent.
The Director of Planning and Environmental Services (or equivalent) can refuse any application lodged with Council.
The Director may, at his/her discretion refer any application to the Independent Hearing and Assessment Panel for review and determination in accordance with point 6.4 below.
6.4 Independent Hearing and Assessment Panel
An application will be referred to the Independent Hearing and Assessment Panel for review and determination in the following instances;
Any Planning Proposals received by Council; or Any matter where the applicant or owner is the Council or a member of staff; or A clause 4.6 variation is submitted for consideration for an LEP Development Standard of 10% or greater, or WWW.GEORGESRIVER.NSW.GOV.AU The proposal involves variations to more thanPAPER. one of the three primary development controls in any applicable DevelopmentWEBSITE: Control Plan (FSR, BUSINESS height and setbacks) of 10% or greater,RIVER or
Where objections have been receivedCOUNCIL that are considered valid and that cannot GEORGES be resolved through the impositionRIVER of appropriate conditions, or there is a significant level of communityTHE objection, or VISIT The application involvesGEORGES the demolition of a heritage item, contributory item within a Heritage ConservationTHE PLEASE Area or invokes the heritage incentives provisions within theOF LEP; or COPY Development applicationsDOCUMENT accompanied by planning agreements; or
Any applicationPRINTED which the Director of Planning and Environmental Services A OFFICIAL (or equivalent)IS considers should be considered and determined by the IHAP. THE THIS FOR In any of the above instances a detailed assessment report and recommendation will be prepared and authorised by the Director of Planning and Environmental Services (or equivalent). The report and any attachments will be submitted to the Independent Hearing and Assessment for consideration and determination.
The notification of the applicant and submitters of the relevant applications will be dealt with in accordance with the Georges River IHAP Charter and Guidelines 2016.
7. Community Consultation / Public Exhibition
Not Applicable. Annexure 3 - Proposed Policy for the Determination of Development Applications for Georges River Council 2016 Page 43
8. Relevant Legislation
Environmental Planning and Assessment Act 1979; Environmental Planning and Assessment Regulation 2000; and Local Government Act 1993.
9. Related and Associated Council Policy and Procedures
Nil.
10. Responsible Officer / Policy Owner
The Manager Planning and Development/Manager Development Assessment is the responsible officer. The functions the Manager Planning and Development/Manager Development Assessment will perform in relation to this policy are:
Provide a point of contact about the meaning and application of the policy; Update the policy when necessary to ensure it is current; Implement communications, education and monitoring strategies; Ensure the policy is included on Council’s policyWWW.GEORGESRIVER.NSW.GOV.AU register and record PAPER. management system; and WEBSITE: Investigate breaches of, and enforce complianceBUSINESS with the policy. RIVER
COUNCIL 11. Responsibilities GEORGES RIVER THE The Manager Planning and Development/ManagerVISIT Development Assessment is GEORGES responsible for the implementation,THE PLEASE application and review of the policy for the organisation. OF
COPY DOCUMENT 12. Approval PRINTED A OFFICIAL IS The AdministratorTHE of the Georges River Council has the authority to approve this THIS policy. FOR
This policy takes effect immediately upon approval by the Administrator.
13. Monitoring
The Manager Planning and Development/Manager Development Assessment will monitor the application of this policy from time to time in accordance with relevant changes to plans, policies and legislation.
14. Review Date
This policy is scheduled to be reviewed every twelve (12) months. The due date for the first review is 19 May 2017. However, this policy may be reviewed prior to this date if required. Annexure 3 - Proposed Policy for the Determination of Development Applications for Georges River Council 2016 Page 44
15. Record Keeping, Confidentiality and Privacy
All documents created in relation to this policy will be kept in accordance with the NSW State Records Act 1998 and Georges River Council Records Policies and associated records management practice.
Members of the public can access Council’s documents in accordance with Government Information Public Access (GIPA) Act 2009 and Privacy and Personal Information Protection Act (PPIPA) 1998.
16. Breaches and Sanctions
Relevant legislation applies where applicable.
WWW.GEORGESRIVER.NSW.GOV.AU
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PRINTED A OFFICIAL IS THE THIS FOR Page 45 EXTRAORDINARY COUNCIL MEETING 19 May 2016
Item I6: Appointment of Delegates and Representatives - External Organisations and Advisory Committees Author: Evan Hutchings - Director Governance and Corporate Services Reason for report: To appoint delegates and representatives to external organisations and advisory committees. Recommendation: a) That delegates be appointed to the following external organisations and advisory committees, as follows: Southern Sydney Regional Organisation of Councils (SSROC) - Administrator Southern Sydney Regional Organisation of Councils (SSROC) - Standing Committee 1 – Sustainability Program – Administrator Southern Sydney Regional Organisation of Councils (SSROC) - Standing Committee 2 – Program Delivery - Administrator Sydney East Joint Regional Planning Panel – Interim General Manager and second delegate and alternate to be advised Georges River Local Traffic Committee – Director Assets and Services Georges River Combined Councils CommitteeWWW.GEORGESRIVER.NSW.GOV.AU - Administrator Local Emergency Management OfficerPAPER. – Manager Engineering Services Regional Illegal Dumping Squad – ManagerWEBSITE: Environmental Services BUSINESS RIVER b) That the PIN Review Committee be dissolved. COUNCIL c) That the Interim General Manager prepareGEORGES a further report on the number and RIVER composition of the remaining advisoryTHE committees referred to in the report. VISIT
GEORGES Background THE PLEASE OF
COPY 1. Following the proclamationDOCUMENT of Georges River Council on 12 May 2016 Council is in a
position to appointPRINTED delegates to various external organisations and advisory A OFFICIAL committees. IS These external organisations and advisory committees, with previously THE applicableTHIS composition and meeting schedules (where available), are listed as follows: FOR i. Southern Sydney Regional Organisation of Councils (SSROC) - Quarterly on Thursday evenings Two delegates and two alternate delegates for each of the former Hurstville and Kogarah City Councils.
ii. Southern Sydney Regional Organisation of Councils (SSROC) - Standing Committee 1- – Sustainability Program - Quarterly on Thursday evenings One voting delegate (for each of the former Hurstville and Kogarah City Councils).
Extraordinary Council Meeting Page 1 Page 46 EXTRAORDINARY COUNCIL MEETING 19 May 2016 Item I6 (cont.)
iii. Southern Sydney Regional Organisation of Councils (SSROC) Standing Committee 2 – Delivery Program - Quarterly on Thursday evenings One voting delegate (for each of the former Hurstville and Kogarah City Councils).
iv. Sydney East Joint Regional Planning Panel Two Councillor delegates and one alternate Councillor delegate from each of the former Hurstville and Kogarah City Councils
v. Georges River Local Traffic Committee - 1st Tuesday of the month at 9:30am One representative of Council to be appointed.
vi. Georges River Combined Councils Committee One voting member from each former Council (Hurstville and Kogarah), two non-voting representatives from former Hurstville City Council and one non- voting representative from former Kogarah City Council.
vii. Kogarah Community Services Inc. WWW.GEORGESRIVER.NSW.GOV.AU Two Councillor representatives and anPAPER. alternate Councillor representative
(former Kogarah City Council). WEBSITE:
BUSINESS RIVER viii. Australia Day Botany Bay Regatta Committee COUNCIL One representative from CouncilGEORGES (former Kogarah City Council). RIVER THE
ix. Business Enterprise CentreVISIT One representative GEORGESfrom Council (former Kogarah City Council). THE PLEASE OF
x. Mortdale CommunityCOPY Services Inc. One CouncillorDOCUMENT representative and an alternate Councillor representative (formerPRINTED Kogarah City Council). A OFFICIAL IS THE THIS xi. AboriginalFOR Advisory Committee - Once per quarter Four non-Council members (former Hurstville City Council).
xii. Access Advisory Committee - Once per quarter Three non-Council members, Councillors, Council officers (former Hurstville City Council).
xiii. Community Safety Committee - Once per quarter Three non-Council members, Councillors, Council officers (former Hurstville City Council).
xiv. Multicultural Advisory Committee - Once per quarter Three non-Council members, Councillors, Council officers (former Hurstville City Council).
xv. Cooks River Alliance Committee One Council officer (former Hurstville City Council). Extraordinary Council Meeting Page 2 Page 47 EXTRAORDINARY COUNCIL MEETING 19 May 2016 Item I6 (cont.)
xvi. Local Emergency Management Officer One member per Council (currently Manager Engineering Services from former Hurstville City Council and Executive Manager Kogarah City Works from former Kogarah City Council).
xvii. PIN Review Committee (former Hurstville City Council) Six representatives consisting of three Council officers (Compliance, Traffic and admin support) appointed by the General Manager and three non-paid community representatives. Non-paid community representatives as follows: .One member nominated by the Member for Oatley .One member nominated by the Federal Member for Banks .One member nominated by the Mayor.
xviii. Regional Illegal Dumping Squad Manager Environmental Services of former Hurstville City Council has voting rights (and currently Deputy Chair) and Waste Project Officer of former Kogarah City Council.
2. It is proposed that delegates be immediately appointedWWW.GEORGESRIVER.NSW.GOV.AU to the following organisations and committees. PAPER.
WEBSITE:
BUSINESS Southern Sydney Regional OrganisationRIVER of Councils (SSROC) Southern Sydney Regional Organisation of Councils (SSROC) - Standing COUNCIL Committee 1 GEORGES RIVER Southern Sydney RegionalTHE Organisation of Councils (SSROC) - Standing Committee 2 VISIT GEORGES
Sydney East JointTHE Regional PLEASE Planning Panel Georges River LocalOF Traffic Committee
COPY Georges RiverDOCUMENT Combined Councils Committee Local Emergency Management Officer PRINTED A OFFICIAL RID Squad.IS THE THIS 3. It is also proposedFOR that the Interim General Manager prepare a further report on the number and composition of the remaining organisations and committees referred to in the report.
Operational Plan Budget
4. No budget impact for this report.
Attachments/Annexures
Nil.
End of Report
Extraordinary Council Meeting Page 3 Page 48 EXTRAORDINARY COUNCIL MEETING 19 May 2016
Item I7: Code of Meeting Practice Author: Anthony Gearon - Acting Manager Corporate Governance Reason for report: To consider adoption of the Code of Meeting Practice. Recommendation:
That the Georges River Council Code of Meeting Practice annexed to the report be adopted.
Background
1. The proclamation of the new Georges River Council on Thursday 12 May 2016, included a provision that “The code of meeting practice of the former Hurstville City Council is to be the code of meeting practice of the new council until it is amended or replaced in accordance with the Act.”
2. The Code of Meeting Practice has been drafted as required, with alterations made to reflect the new entity and the conduct of Ordinary meetings of the Council to be conducted on the first Monday of each month, commencing at 6:00pm.
3. All references in the Code, to the Council, Mayor or Councillors, should be taken as WWW.GEORGESRIVER.NSW.GOV.AU
referring to the Administrator. PAPER.
WEBSITE:
4. The Georges River Council Code of MeetingBUSINESS Practice (annexed) is now submitted for adoption by the Council. The code will beRIVER reviewed in the near future to ensure it reflects current best practice in the conductCOUNCIL of Council meetings and remains GEORGES RIVER contemporary. THE
VISIT Operational Plan Budget GEORGES THE PLEASE OF 5. Within budget allocation. COPY DOCUMENT
PRINTED A OFFICIAL Attachments/AnnexurIS es THE THIS 1 Code of MeetingFOR Practice 27 Pages Annexure
End of Report
Extraordinary Council Meeting Page 1 Annexure 1 - Code of Meeting Practice Page 49
WWW.GEORGESRIVER.NSW.GOV.AU
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COUNCIL GEORGES RIVER THE
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Code of MeetingGEORGES Practice
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Adopted: 19 May 2016 Annexure 1 - Code of Meeting Practice Page 50 Document Status and Version Control Ownership and Version Control
Document Name: Code of Meeting Practice Document Status: Prescribed in proclamation of Georges River Council Version: 1.0 Date: 16 May 2016 Author: Tony Gearon Document Owner: Authorised By: Council Resolution Distribution: Public, Administrator & Staff via the Internet Council Report Reference: Council Meeting Date: 19 May 2016 Document No: C16/056103 Cont. No 12/1695
Change History Version Release Date Author Reason for Change 1.0 19 May 2016 Tony Gearon Original adopted by HCC 15 Sept 2015. Now prescribed for use by proclamation of Georges River Council 2.0 WWW.GEORGESRIVER.NSW.GOV.AU
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Related Documents This document should be read in conjunction with: . Local Government Act, 1993 . Local Government (General) Regulation 2005 . Office of Local Government Practice Note 16, August 2009 . Office of Local Government Circular to Councils 10-10 .Bluett’s Local Government Handbook New South Wales (2012; 17th edition; D Clark) .Guide for Meetings and Organisations Volume 2: Guide for Meetings (2005; 8th edition; N E Renton) Annexure 1 - Code of Meeting Practice Page 51 Table of Contents
PART 1 - PRELIMINARY ...... 5 1 Citation ...... 5 2 Definitions ...... 5 3 Act and Regulation ...... 5 4 Notes to text ...... 5 PART 2 - CONVENING OF, AND ATTENDANCE AT, COUNCIL MEETINGS ...... 6 5 Frequency of meetings of the Council...... 6 6 Extraordinary Meetings ...... 6 7 Notice of meetings ...... 7 8 Quorum (S368) ...... 7 9 What happens when a quorum is not present (cl 233 Regs) ...... 7 10 Presence at Council meetings (includes Leave of Absence) ...... 8 PART 3 - PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS...... 8 11 Chairperson of Council meetings ...... 8 12 Chairperson to have precedence (cl 237 Regs) ...... 9 13 Chairperson's duty with respect to motions (cl 238 Regs) ...... 9 14 Confirmation of Minutes ...... 9 15 Order of business ...... 10 16 Business papers for Council meetings ...... 10 17 Giving notice of business (cl 241 Regs) ...... 11 WWW.GEORGESRIVER.NSW.GOV.AU
18 Business paper for extraordinary meetingPAPER. (cl 242 Regs) ...... 11 19 Official minutes (Mayoral Minute) ...... 12 WEBSITE:
20 Report of Director-General to be tabledBUSINESS at Council meeting (cl 244 Regs) 12 21 Notice of motion ...... RIVER 12 22 Motions to be seconded ...... COUNCIL 12 GEORGES RIVER 23 How subsequent amendmentsTHE may be moved ...... 13
24 Motions of Dissent (cl 248VISIT Regs) ...... 13 25 Petitions may be presentedGEORGES to the Council ...... 13 26 Questions may be putTHE PLEASE to Councillors and Council employees ...... 13 OF 27 Questions With Notice (QWN) ...... 14 COPY 28 Mode of addressDOCUMENT ...... 14
29 Limitation asPRINTED to number of speeches (cl 250 Regs) ...... 14 A OFFICIAL 30 Motions putIS without debate ...... 15 THE 31 VotingTHIS at Council meetings (cl 251 Regs) ...... 15 FOR 32 Decisions of the Council ...... 16 33 Rescinding or altering resolutions (S372) ...... 16 34 Rescission Motions – Council Meetings...... 16 35 Rescission Motion Format ...... 17 36 Motions of adjournment ...... 17 PART 4 - KEEPING ORDER AT MEETINGS ...... 18 37 Questions of order (cl 255 Regs) ...... 18 38 Acts of disorder ...... 18 39 How disorder at a meeting may be dealt with (cl 257 Regs) ...... 19 40 Power to remove persons from meeting after expulsion resolution (cl 258 Regs) ...... 19 PART 5 - COUNCIL COMMITTEES ...... 19 41 Committee of the Whole (Closed Session) ...... 19 42 Council may appoint committees and determine frequency of meetings ... 20 43 Functions of committees (cl 261 Regs) ...... 20 44 Notice of committee meetings to be given (cl 262 Regs) ...... 20 Annexure 1 - Code of Meeting Practice Page 52
45 Non-members entitled to attend committee meetings (cl 263 Regs) ...... 20 46 Procedure in committees (cl 265 Regs) ...... 21 47 Chairperson and deputy chairperson of committees ...... 21 48 Absence from committee meetings (cl 268 Regs) ...... 21 49 Reports of committees (cl 269 Regs) ...... 21 50 Disorder in committee meetings (cl 270 Regs) ...... 21 51 Committee may expel certain persons from its meetings (cl 271 Regs) .... 22 PART 6 - PECUNIARY INTERESTS ...... 22 52 Pecuniary interest ...... 22 PART 7 - PRESS AND PUBLIC ...... 23 53 Public notice of meetings ...... 23 54 Attendance at meetings of the Council ...... 23 55 Public Participation at Council / Committee Meetings ...... 24 56 Public access to correspondence and reports ...... 25 PART 8 - MISCELLANEOUS ...... 25 57 Urgent Minor Matters ...... 25 58 Information relating to proceedings at closed meetings not to be disclosed (S664) ...... 25 59 Inspection of the minutes of the Council or a committee...... 25 60 Recording of meeting of the Council or a committee prohibited ...... 26 61 Recording of meeting by the Council or a committee ...... 26 62 Certain circumstances do not invalidate Council decisions (S374) ...... 26 63 Referral of Planning and Development MattersWWW.GEORGESRIVER.NSW.GOV.AU to Council ...... 27 64 Amendment of Code ...... PAPER. 27 WEBSITE:
BUSINESS RIVER
COUNCIL GEORGES RIVER THE
VISIT
GEORGES
THE PLEASE OF
COPY DOCUMENT
PRINTED A OFFICIAL IS THE THIS FOR Annexure 1 - Code of Meeting Practice Page 53 PART 1 - PRELIMINARY 1 Citation This Code may be cited as the Georges River Council Code of Meeting Practice. Note: The Office of Local Government, Meetings Practice Note No 16 (August 2009) and Council’s Code of Conduct should be read in conjunction with this Code. 2 Definitions (1) In this Code: All references to the Mayor or Councillors, should be taken as referring to the Administrator.
amendment, in relation to an original motion, means a motion moving an amendment to that motion; chairperson, (a) in relation to a meeting of the Council - means the person presiding at the meeting as provided by clause 13 of this Code; and (b) in relation to a meeting of a committee - means the person presiding at the meeting as provided by clause 48 of this Code; committee means a committee appointed or elected by the Council in accordance with clause 43(1) or the Council when it has resolved itself into a committee of the
whole; WWW.GEORGESRIVER.NSW.GOV.AU leave of Council means with the approval ofPAPER. Council; WEBSITE:
procedural motion means a motion dealingBUSINESS with the conduct of a meeting e.g. - items brought forward (suspension of standingRIVER orders)
- moving items in a block COUNCIL GEORGES RIVER record means a document (includingTHE any written or printed material) or object
(including a sound recording,VISIT coded storage device, magnetic tape or disc, microfilm, photograph, film,GEORGES map, plan or model or a painting or other pictorial or graphic work) that is orTHE has PLEASE been made or received in the course of official duties by a Councillor or an employeeOF of the Council and, in particular, includes the minutes of COPY meetings of the CouncilDOCUMENT or of a committee of the Council;
the Act meansPRINTED the Local Government Act 1993; A OFFICIAL IS the Code meansTHE the Georges River Council Code of Meeting Practice; and THIS the RegulationFOR (Regs) means the Local Government (General) Regulation 2005. (2) Except as otherwise provided, expressions used in this Code, which are defined in the dictionary at the end of the Local Government Act (Act), have the meanings set out in the dictionary. 3 Act and Regulation (1) This Code is made pursuant to section 360 (2) of the Act. (2) It incorporates relevant provisions of the Regulation and the Act. (3) In the event of any inconsistency between the Code and the Act or the Regulation, the Act or the Regulation (as the case may be) prevails to the extent of the inconsistency. 4 Notes to text Notes in the text of this Code are explanatory notes and do not form part of this Code. They are provided to assist understanding. Annexure 1 - Code of Meeting Practice Page 54 References to the Act are shown as (SXXX) References to the Regulations are shown as (cl XXX Regs) PART 2 - CONVENING OF, AND ATTENDANCE AT, COUNCIL MEETINGS 5 Frequency of meetings of the Council (1) The Council is required to meet at least 10 times each year, each time in a different month. (S365) (2) The Council shall, by resolution, set the time, date and place of meetings of the Council. (3) Notwithstanding (2) above, the Mayor may, at his/her discretion, call meetings of the Council, notice of which shall be given in accordance with this Code. [The Notice is issued by the General Manager]. (4) That Council Meetings terminate at 11:00pm unless a Motion for a half-hour extension of time to 11:30pm and, if necessary, for a further half-hour to 12:00 midnight, be carried. (5) The meeting shall be adjourned at 12:00 midnight, until such day and time as shall be fixed by the Chairperson, the majority of Councillors present or the General Manager (cl 233 Regs). (6) Not less than 3 clear days’ notice of an adjourned meeting shall be given to WWW.GEORGESRIVER.NSW.GOV.AU
Members. PAPER.
(7) Notwithstanding (4) above, Council may soWEBSITE: determine to carry on business past BUSINESS midnight to finalise business rather than RIVERincurring costs to call an adjourned meeting and such action shall not invalidate any decisions made past midnight (S374). COUNCIL Note: The Council normally meets on the first MondayGEORGES of the month, with meetings customarily commencing RIVER at 6:00pm THE
VISIT 6 Extraordinary MeetingsGEORGES THE PLEASE (1) If the Mayor receivesOF a request in writing signed by at least two (2) Councillors, the Mayor must call an extraordinary meeting of the Council to be held as soon as COPY practicable but in anyDOCUMENT event within 14 working days after the receipt of the request. (S366). The Mayor may be one of the two (2) Councillors. PRINTED A OFFICIAL IS (2) For the purposeTHE of this Clause, a working day is a day that is not a Saturday, THIS Sunday orFOR public holiday. (3) That if the Mayor considers a matter to be so urgent that it cannot wait for submission to a night within the 14 day period where another scheduled meeting of the Council is being held, the Mayor may then call an extraordinary meeting of the Council to be held as soon as practicable, but in accordance with Clause 8 (Notice of meetings) so as to allow not less than 3 clear days’ notice of the meeting, unless it is an emergency where less than 3 clear days’ notice may be given (see cl 8[3]). (4) Further, meetings shall generally be called for 7:00pm on a weekday however they may be called at some other time should this be necessary and appropriate. Note: Extraordinary Council Meetings may be called by the Administrator as required.
Councillor Workshops, briefings and informal meetings (1) Councillor Workshops Annexure 1 - Code of Meeting Practice Page 55 a. will be held as and when determined by the Council within its regular meeting cycle or as determined by the Mayor or General Manager having regard to the amount of information to be provided to Councillors and of any urgent nature. b. normally commence at 7:00pm and shall conclude at 9:00pm unless those present by consensus allow the workshop to continue until all information on the agenda has been presented. (2) Councillor briefings are held as requested generally to inform Councillors of matters currently before consideration of the Council. (3) Informal meetings are held as requested to brief Councillors on matters that are not currently before the Council. Note: Council from time to time conducts workshops, briefings and informal meetings with Councillors on issues relevant to Council business. The sessions provide an informal environment to allow Councillors to receive information and ask questions about issues outside of the formal meeting process. At these meetings Council will not: a. formally consider any specific reports containing recommendations; or b. make a binding decision in relation to any matters discussed during the workshop, briefing or informal meetings. Councillor Workshops, Briefings and informal meetings are not open to the public but may involve members of the community by invitation where relevant. 7 Notice of meetings (1) The General Manager of a Council must send to each Councillor, at least 3 days before each meeting of the Council, a notice specifying the time and place at which and the date on which the meeting is to be held and the business proposed to be transacted at the meeting. (S367 [1]) WWW.GEORGESRIVER.NSW.GOV.AU PAPER. (2) The notice of meeting will be provided electronically to Councillors, who will have WEBSITE:
been provided the facilities to accessBUSINESS the notice, agenda and business papers (S367[3]). RIVER (3) Notice of less than 3 days’ may beCOUNCIL given of an extraordinary meeting called in an GEORGES RIVER emergency, but in no case shall noticeTHE of less than one day be given (S367 [2]). (4) For the purpose of this Clause,VISIT 3 days’ notice before a meeting of the Council includes a Saturday, SundayGEORGES and/or a Public Holiday. THE PLEASE (5) Notice must also be OFgiven of Council (cl 232 Regs) in a local newspaper indicating the time & place COPY of the meeting. Notice does not have to be by publication for DOCUMENT Extraordinary Council however, a Notice must be placed on Councils public notice PRINTED board, at leastA OFFICIAL1 day prior to the meeting being held. IS THE Note: The CouncilTHIS has delegated functions of the Council under S377 to the General Manager and in accordance FORwith that authority has the power to set a meeting date for meetings of the Council. 8 Quorum (S368) The quorum for a meeting of the Council is a majority of the Councillors of the Council who hold office for the time being and are not suspended from office. 9 What happens when a quorum is not present (cl 233 Regs) (1) A meeting of the Council must be adjourned if a quorum is not present: a. within half an hour after the time designated for the holding of the meeting; or b. at any time during the meeting. (2) In either case, the meeting must be adjourned to a time, date and place fixed: a. by the chairperson; or b. in his or her absence by the majority of the Councillors present; or c. failing that, by the General Manager. Annexure 1 - Code of Meeting Practice Page 56 (3) The General Manager must record in the Council's minutes the circumstances relating to the absence of a quorum (including the reasons for the absence of a quorum) at or arising during a meeting of the Council, together with the names of the Councillors present. (4) A meeting of the Council must be held or at least opened if a meeting notice has been given. The meeting cannot be abandoned or cancelled. Note: Meetings must commence on time or within half an hour after the time designated for the holding of the meeting. 10 Presence at Council meetings (includes Leave of Absence) (1) A Councillor cannot participate in a meeting of the Council unless personally present at the meeting. (cl 235 Regs) (2) The General Manager a. is entitled to attend, but not to vote at a meeting of the Council of which all the members are Councillors. b. is entitled to attend a meeting of any other Committee of the Council and may, if a member of the Committee, exercise a vote. c. may be excluded from a meeting of the Council or a Committee while the Council or Committee deals with a matter relating to the standard of performance of the General Manager or the terms of the employment of the General Manager. (3) A Councillor WWW.GEORGESRIVER.NSW.GOV.AU a. When submitting an application for leavePAPER. of absence from Council Meetings should, if practicable, identify (by date)WEBSITE: the meetings from which the Councillor BUSINESS intends to be absent. (cl 235A [1] Regs)RIVER b. who intends to attend a Council Meeting despite having been granted leave of COUNCIL absence should, if practicable,GEORGES give the General Manager at least 2 days’ RIVER notice of his or her intentionTHE to attend. (cl 235A [2] of Regs) (4) For attendance purposes, a VISIT Councillor shall not be deemed to be present at any GEORGES
Council meeting, unlessTHE theyPLEASE are within the Council Chamber. For the purposes of this requirement, the OFCouncil Chambers foyer or Councillors’ Suite is not regarded
as being in the CouncilCOPY Chamber. DOCUMENT (5) Councillors declaring an interest in a matter at a Council meeting and leaving the PRINTED A OFFICIAL Chamber shallIS not remain in either the public gallery or any part of the foyer within THE view of theTHIS meeting. FOR (6) A Councillor shall not be deemed to be present at any Committee meeting unless they are within the designated meeting room itself.
PART 3 - PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS 11 Chairperson of Council meetings (1) The Mayor or, at the request of or in the absence of the Mayor, the Deputy Mayor shall preside at meetings of the Council. (2) If the Mayor and the Deputy Mayor are absent, a Councillor shall be elected to chair the meeting by the Councillors present and following such election shall preside at the meeting of the Council. Note: (S369) Annexure 1 - Code of Meeting Practice Page 57 (3) If no chairperson is present at a meeting of the Council at the time designated for the holding of the meeting, the first business of the meeting must be the election of a chairperson to preside at the meeting. (4) The election must be conducted: a. by the General Manager or, in his or her absence, an employee of the Council designated by the General Manager to conduct the election; or b. if neither of them is present at the meeting or there is no General Manager or designated employee by the person who called the meeting or a person acting on his or her behalf. (5) If, at an election of a chairperson, 2 or more candidates receive the same number of votes and no other candidate receives a greater number of votes, the chairperson is to be the candidate whose name is chosen by lot. (6) For the purposes of subclause (3), the person conducting the election must: a. arrange for the names of the candidates who have equal numbers of votes to be written on similar slips, and b. then fold the slips so as to prevent the names from being seen, mix the slips and draw one of the slips at random. (7) The candidate whose name is on the drawn slip is the candidate who is to be the chairperson. Note: (cl 236 Regs) 12 Chairperson to have precedence (cl 237 Regs) WWW.GEORGESRIVER.NSW.GOV.AU
When the chairperson rises or speaks during a meetingPAPER. of the Council: (a) any Councillor then speaking or seeking to speak must immediately resume his or her seat, if standing; and WEBSITE: BUSINESS (b) every Councillor present must be silentRIVER to enable the chairperson to be heard
without interruption. COUNCIL GEORGES RIVER 13 Chairperson's duty withTHE respect to motions (cl 238 VISIT Regs) GEORGES (1) It is the duty of the chairpersonTHE PLEASE at a meeting of the Council to receive and put to the meeting any lawful motionOF that is brought before the meeting. COPY (2) The chairperson mustDOCUMENT rule out of order any motion that is unlawful or the
implementationPRINTED of which would be unlawful. A OFFICIAL IS (3) Any motion,THE amendment or other matter that the chairperson has ruled out of order THIS is taken toFOR have been rejected. 14 Confirmation of Minutes (1) The Council must ensure that full and accurate minutes are kept of proceedings of the Council. (2) The General Manager must ensure that the following matters are recorded in the Council’s minutes: a. details of each motion moved at a Council meeting and of any amendments moved to it, b. the names of the mover and seconder of the motion or amendment, c. whether the motion or amendment is passed or lost. d. the record of votes for and against matters relating to Planning (S375A). e. the names of any speakers from the public speaking for or against a report. Note: Section 375 (1) of the Act requires a Council to ensure that full and accurate minutes are kept of the proceedings of a meeting of the Council [other provisions of this Regulation and of the Act require particular matters to be recorded in a Council’s minutes]. (3) The accuracy of the minutes of every preceding meeting, including extraordinary Annexure 1 - Code of Meeting Practice Page 58 meetings, not previously confirmed must be dealt with at every meeting of the Council, in order that such minutes may be confirmed. (4) A motion or discussion with respect to such minutes shall not be in order except with regard to their accuracy as a true record of the proceedings. (5) Minutes may be confirmed at an extraordinary meeting of the Council. (6) The minutes must, when they have been confirmed at a subsequent meeting of the Council, be signed by the person presiding at that subsequent meeting. 15 Order of business (1) At a meeting of the Council (other than an extraordinary meeting, a meeting resolved by Council to be for a specific purpose or a meeting called by the Mayor in accordance with Clause 5 (3) of this Code) the general order of business shall be: 1. The National Anthem 2. Opening Prayer 3. Acknowledgement of traditional custodians 4. Apologies 5. Mayoral Minute 6. Matters of Privilege - Condolences - Other 7. Disclosures of Interest 8. Minutes of Previous Meetings (Council and Committees) 9. Council Reports WWW.GEORGESRIVER.NSW.GOV.AU 10. Notices of Motion PAPER. 11. Questions With Notice WEBSITE: BUSINESS 12. Closed Council session (CommitteeRIVER of the Whole) 13. Consideration of Closed Council session recommendations. COUNCIL (2) Matters of Privilege referred to in GEORGES (1) 6 above are to be confined to condolences, RIVER congratulations, presentations THE and matters ruled by the chairperson to be of extreme urgency and that a VISIT time limit of five (5) minutes be imposed on issues raised within privilege. GEORGES THE PLEASE (3) The Mayor may bringOF forward an item of business from the business paper where it COPY is established that aDOCUMENT member of the public with an interest in that item is present in the public gallery. PRINTED A OFFICIAL (4) The order IS of business fixed under subclause (1) may be altered if a motion to THE SuspendTHIS Standing Orders (order of business) to that effect is carried, following FOR which, Standing Orders (order of business) shall be resumed. (5) Notwithstanding Clause 30, only the mover of a motion referred to in subclause (4) may speak to the motion before it is put. (6) Council Meeting Reports referred to in (9) above may relate to any matter needing the Council's consideration that have not had the opportunity to be considered through a Committee process. The General Manager or Acting General Manager has the sole discretion for referring reports through this process. In addition, reports requiring consideration in Closed Session (Committee of the Whole) will be referred to under this item, but the item itself will appear under Committee of the Whole within the EBP. (7) Reports relating to development matters, including development application, development control plans and local environment plans which may not be determined under delegated authority or require a resolution of Council to be enacted will be considered as the first priority under “Council Reports”. Annexure 1 - Code of Meeting Practice Page 59 16 Business papers for Council meetings (1) The General Manager must ensure that the agenda for a meeting of the Council states: a. all matters to be dealt with arising out of the proceedings of former meetings of the Council, and b. if the mayor is the chairperson - any matter or topic that the chairperson proposes, at the time when the agenda is prepared, to put to the meeting, and c. subject to subclause (2), any business of which due notice has been given. (2) The General Manager must not include in the agenda for a meeting of the Council any business of which due notice has been given if, in the opinion of the General Manager, the business is (or the implementation of the business would be) unlawful. The General Manager must report (without giving details of the item of business) any such exclusion to the next meeting of the Council. (3) The General Manager must cause the agenda for a meeting of the Council or a committee of the Council to be prepared as soon as practicable before the meeting. (4) The General Manager must ensure that the details of any item of business to which section 9 (2A) of the Act applies are included in a business paper for the meeting concerned. (5) Nothing in this clause limits the powers of the chairperson under clause 20. Note: (cl 240 Regs)
17 Giving notice of business (cl 241WWW.GEORGESRIVER.NSW.GOV.AU Regs) (1) The Council must not transact business at a PAPER.meeting of the Council:
a. unless a Councillor has given notice ofWEBSITE: the business in writing delivered to the General Manager in sufficient timeBUSINESS for notice of the business to be given to the RIVER Council in accordance with Clause 8 of this Code and distributed with the appropriate business paperCOUNCIL or if the matter is determined as urgent in GEORGES RIVER accordance with subclauseTHE (3); and b. unless notice of business has been sent to the Councillors at least 3 days VISIT
before the meeting,GEORGES or, in the event of an extraordinary meeting called in an
emergency, at leastTHE PLEASE one day. OF (2) Subclause (1) does not apply to: COPY a. business whichDOCUMENT is already before, or directly relates to a matter that is already
before, PRINTEDthe Council; A OFFICIAL b. the electionIS of a chairperson to preside at the meeting as provided by Clause THE 12(3);THIS c. a matterFOR or topic put to the meeting by the Chairperson in accordance with Clause 20; d. is a motion for the adoption of recommendations of committees of the Council; e. reports from officers which in the opinion of the chairperson or the General Manager are urgent; and f. reports from officers placed on the business paper pursuant to a decision of a committee that additional information be provided to the Council in relation to a matter before the committee. (3) Despite subclause (1), business may be transacted at a meeting of the Council when due notice of the business has not been given to Councillors, but only if: a. a motion is passed to have the business transacted at the meeting; and b. the business proposed to be brought forward is ruled by the chairperson to be of great urgency. Such a motion can be moved without notice. (4) Despite clause 30, only the mover of a motion referred to in subclause (3) can speak to the motion before it is put. Annexure 1 - Code of Meeting Practice Page 60 18 Business paper for extraordinary meeting (cl 242 Regs) (1) The General Manager must ensure that the business paper for an extraordinary meeting of the Council deals only with the matters stated in the notice of the meeting. (2) Despite subclause (1), business may be transacted at an extraordinary meeting of the council even though due notice of the business has not been given to the Councillors if: a. a motion is passed to have the business transacted at the meeting; and b. the business proposed to be brought forward is ruled by the chairperson to be of great urgency. Such a motion can be moved without notice. c. Such a motion can be moved without notice but only after the business notified in the agenda for the meeting has been disposed of. (3) Despite clause 30, only the mover of a motion referred to in subclause (2) can speak to the motion before it is put. 19 Official minutes (Mayoral Minute) (1) If the Mayor (or the Deputy Mayor, if acting for the Mayor) is the chairperson at a meeting of a Council, the chairperson is, by minute signed by the chairperson, entitled to put to the meeting any matter or topic that is within the jurisdiction of the Council or of which the Council has official knowledge. (2) Such a minute, when put to the meeting, takes precedence over all business on the WWW.GEORGESRIVER.NSW.GOV.AU
Council's business paper for the meeting.PAPER. The chairperson (but only if the chairperson is the Mayor, or the Deputy Mayor, if acting for the Mayor) may move WEBSITE:
the adoption of the minute without the motionBUSINESS being seconded. RIVER (3) A recommendation made in a minute of the chairperson (being the Mayor, or Deputy COUNCIL Mayor, if acting for the Mayor) or inGEORGES a report made by a Council employee is, so far RIVER as adopted by the Council, a resolutionTHE of the Council.
Note: (cl 243 Regs) VISIT GEORGES
(4) The Mayor shall make THEevery PLEASE effort to make available a Mayoral Minute as early as possible prior to a meetingOF at which it is to be considered.
COPY 20 Report of DirectorDOCUMENT -General to be tabled at Council PRINTED A OFFICIAL meetingIS (cl 244 Regs) THE When a reportTHIS of the Director-General has been presented to a meeting of a Council in FOR accordance with section 433 of the Act, the Council must ensure that the report: a. is laid on the table at that meeting; and b. is subsequently available for the information of Councillors at all reasonable times. 21 Notice of motion (1) In the absence of a Councillor who has placed a notice of motion (cl 245 Regs) on the business paper for a meeting of the Council: a. any other Councillor may move the motion at the meeting; or b. the chairperson may defer the motion until the next meeting of the Council at which the motion can be considered. (2) Notices of Motion are to be submitted electronically and to be received by the Governance Officer by noon, seven (7) days prior to the Council meeting. (3) The General Manager (or relevant council officer) may add comments to the Notice of Motion to provide additional information or to clarify factual matters. Updated Annexure 1 - Code of Meeting Practice Page 61 versions of items amended after initial publication of the business paper are to be provided to the public gallery. Note: Under clause 240 (2) of the Local Government (General) Regulations, the General Manager still has the right to exclude a Notice of Motion, if in the opinion of the General Manager, the business is or the implementation of the business would be unlawful. 22 Motions to be seconded (1) A motion or an amendment cannot be debated unless or until it has been seconded. However, the mover of a motion may be allowed by the chairperson to speak to the motion before calling for the motion to be seconded. This clause is subject to clauses 20 (2) and 30 (5). (2) The seconder of a motion or of an amendment may reserve the right to speak later in the debate. 23 How subsequent amendments may be moved (1) If an amendment has been accepted or rejected, a further amendment can be moved to the motion in its original or amended form (as the case may be), and so on, but no more than one motion and one proposed amendment can be before the Council at any one time. (cl 247 Regs). (2) It is permissible to debate the motion and an amendment concurrently. (3) It is permissible during the debate on an amendment for a further amendment to be foreshadowed. However, any such foreshadowed amendment shall not be moved
and debated until the amendment is dealt with. WWW.GEORGESRIVER.NSW.GOV.AU PAPER.
24 Motions of Dissent (cl 248 Regs)WEBSITE: BUSINESS (1) A Councillor can, without notice, move toRIVER dissent from the ruling of the chairperson on a point of order. If that happens, the chairperson must suspend the business COUNCIL before the meeting until a decision GEORGESis made on the motion of dissent. RIVER (2) In the event of a motion of dissentTHE being moved, the chairperson may remain in the chair during consideration of suchVISIT motion by the Council and, if necessary, exercise his/her casting vote in accordanceGEORGES with Clause 32 (2) of this Code. THE PLEASE (3) If a motion of dissentOF is passed, the chairperson must proceed with the suspended COPY business as thoughDOCUMENT the ruling dissented from had not been given. If, as a result of the ruling, any motion or business has been discharged as out of order, the PRINTED chairperson Amust OFFICIAL restore the motion or business to the business paper and proceed IS with it in dueTHE course. THIS (4) Despite clauseFOR 30, only the mover of a motion of dissent and the chairperson can speak to the motion before it is put. The mover of the motion does not have a right of general reply. 25 Petitions may be presented to the Council (1) A Councillor may present a petition to the Council. (2) The Chairperson must not permit discussion on the petition, unless it relates to an item on the business paper. Petitions shall be referred to the General Manager for referral to an appropriate officer for report, or reply after appropriate action. 26 Questions may be put to Councillors and Council employees (1) A Councillor: a. may, through the chairperson, put a question to another Councillor; and b. may, through the chairperson and the General Manager, put a question to a Council employee. Annexure 1 - Code of Meeting Practice Page 62 (2) However, a Councillor or Council employee to whom a question is put is entitled to be given reasonable notice of the question and, in particular, sufficient notice to enable reference to be made to other persons or to documents. (3) The Councillor must put every such question directly, succinctly and without argument. (4) The chairperson must not permit discussion on any reply or refusal to reply to a question put to a Councillor or Council employee under this clause. Note: (cl 249 Regs) (5) Nothing in this clause affects questions being asked, with the leave of the chairperson, relevant to any matter under discussion at a meeting. 27 Questions With Notice (QWN) (1) Questions With Notice are to be submitted electronically and to be received by the Governance Officer by 12:00 noon, seven (7) days prior to the Council meeting. Updated versions of items amended after initial publication of the business paper are to be provided to the public gallery at the meeting and are available electronically to Councillors and to the public on-line (2) The relevant council officer will endeavour to provide a written response within the business paper at the time of publication, if time permits, or up to the evening prior to the Council meeting. If an answer cannot be provided in this manner or at the Council meeting the QWN would be taken on notice for a report to a subsequent meeting. WWW.GEORGESRIVER.NSW.GOV.AU Note: These questions are not subject to public addressPAPER. (3) Councillors should forward by email issuesWEBSITE: of operational concern raised by BUSINESS constituents to the responsible Director,RIVER or the relevant authorised contact officer to enable matters to be dealt with at the earliest opportunity rather than submitting COUNCIL them as Questions With Notice. GEORGES RIVER (4) Questions With Notice should beTHE restricted to matters of Council Business (Policy or Operational). Other issues shouldVISIT be addressed through other forums. Matters of GEORGES
concern or disciplinaryTHE matters PLEASE regarding Councillors or staff actions / behaviours will not be dealt withOF under Questions With Notice but rather through the General
Manager in accordanceCOPY with the Council's Code of Conduct. DOCUMENT (5) Where Questions without Notice are raised at a Council Meeting (Cl 27) that are PRINTED “taken on notice”,A OFFICIAL the question and its response are to be referred to the next IS Council meetingTHE in the form of a report. THIS FOR Note: Questions With Notice was implemented in accordance with Cl 241 of the Local Government (General) Regulations 2005, OLG Meeting Practice Note 16 (2009) and OLG Circular to Councils 10-10 28 Mode of address Councillors shall at all times address other Councillors by their official designation, as Mayor or Councillor, as the case may be; and with the exception of the chairperson, or any Councillor prevented by physical infirmity, shall stand when speaking. 29 Limitation as to number of speeches (cl 250 Regs) (1) A Councillor who, during a debate at a meeting of the Council, moves an original motion has the right of general reply to all observations that are made by another Councillor during the debate in relation to the motion and to any amendment to it, as well as the right to speak on any such amendment. (2) A Councillor, other than the mover of an original motion, has the right to speak once on the motion and once on each amendment to it. (3) A Councillor must not, without the consent of the Council, speak more than once on Annexure 1 - Code of Meeting Practice Page 63 a motion or an amendment, or for longer than 5 minutes at any one time. However, the chairperson may permit a Councillor who claims to have been misrepresented or misunderstood to speak more than once on a motion or an amendment and for longer than 5 minutes on that motion or amendment to enable the Councillor to make a statement limited to explaining the misrepresentation or misunderstanding. (4) Despite subclauses (1) and (2), if the mover of a motion or amendment has spoken in favour of it and no Councillor expresses an intention to speak against it or if at least 2 Councillors have spoken in favour of a motion or an amendment and at least 2 Councillors have spoken against the motion or amendment, any Councillor may move that the question be now put. (5) The chairperson must immediately put to the vote a motion under subclause (4) without the motion being seconded and without debate (6) If a motion that the question be now put is passed, the chairperson must, after the mover of the motion has exercised his or her right of reply under subclause (1), immediately put the question to the vote without further discussion. (7) If a motion that the question be now put is rejected, the chairperson must resume the debate on the original motion or amendment. 30 Motions put without debate Provided there is no objection from any Councillor present, any motion or recommendation before the Council may be put to the vote without discussion or debate.
31 Voting at Council meetings (cl 251WWW.GEORGESRIVER.NSW.GOV.AU Regs) PAPER. (1) Each Councillor is entitled to one vote. (S370) WEBSITE: (2) Voting at a Council meeting, including BUSINESSvoting at an election at such a meeting, is to RIVER be by open means (such as on the voices or by show of hands). However, the Council may resolve that the votingCOUNCIL in an election by Councillors for mayor or deputy GEORGES mayor is to be by secret ballot.RIVER THE
(3) The Chairperson has, in the eventVISIT of an equality of votes, a second or casting vote (S370) and that vote shallGEORGES be used at the absolute discretion of the Chairperson. THE PLEASE (4) A Councillor who is presentOF at a meeting of the Council but who fails to vote on a
motion or an amendmentCOPY put to the meeting is taken to have voted against the motion (S251[1]). DOCUMENT PRINTED Note: A failure to voteA countingOFFICIAL against a motion includes where a Councillor abstains from voting, whether IS formally selectingTHE “abstain” through Council’s electronic system or by stating they abstain. (OLG THIS Meeting PracticeFOR Note 16 [2009]) (5) If a Councillor who has voted against a motion put at a Council meeting so requests, the General Manager must ensure that the Councillor's dissenting vote is recorded in the Council's minutes. (6) The decision of the chairperson as to the result of a vote is final, unless: a. in the case where a vote has been declared on the voices, a Councillor immediately requests a show of hands; or b. the decision is immediately challenged and not fewer than 2 Councillors rise and demand a division. (7) When a division on a motion is demanded, the chairperson must ensure that the division takes place immediately. The General Manager must ensure that the names of those who vote for the motion and those who vote against it are respectively recorded in the Council's minutes. Note: Any division will be recorded through the use of the electronic voting system installed in the Council Chambers. Should the electronic system be unavailable, the former custom of standing will be utilised. (8) Where a tie in the voting occurs and the chairperson is entitled to a casting vote in Annexure 1 - Code of Meeting Practice Page 64 accordance with Clause 32 (3) of this Code but declines to exercise such casting vote, the vote is lost and a new proposal should then be moved. (9) That Council when determining all planning, development, or related applications, Council will give relevant planning reasons for it decisions, if they depart from the recommendations of the staff. (10) When Council is considering planning matters, that is all Development Application matters, and site specific Development Control Plans and Local Environmental Control Plans, the General Manager must ensure that the names of those who vote for the motion and those who vote against it are respectively recorded in the Council’s minutes (see also Clause 32[4] above).
32 Decisions of the Council A decision supported by a majority of the votes at a meeting of the Council at which a quorum is present is a decision of the Council. (S371) 33 Rescinding or altering resolutions (S372) (1) A resolution passed by the Council may not be altered or rescinded except by a motion to that effect of which notice has been duly given in accordance with clause 18. A motion to rescind or alter a resolution of the Council shall not be considered at the same meeting at which the resolution was passed. (2) If it is proposed to move a further motion in the event that a rescission motion is carried, the required notice must also be given ofWWW.GEORGESRIVER.NSW.GOV.AU the proposed further motion. PAPER.
(3) If a notice of motion to rescind or alter a resolutionWEBSITE: is given: a. at the meeting at which the resolutionBUSINESS is carried, the resolution must not be RIVER carried into effect until the motion of rescission or alteration has been dealt with; or COUNCIL GEORGES b. at any time after the meetingRIVER at which the resolution is carried, no further THE action to carry the resolution into effect may be taken after receipt of the notice VISIT
of motion until the motionGEORGES of rescission or alteration has been dealt with.
THE PLEASE (4) In the case of a motionOF of alteration, subclause (3) applies only to the extent that the resolution of Council would be affected by the motion of alteration, if it is carried. COPY (5) If a motion has beenDOCUMENT negatived by the Council, a motion having the same effect must not be consideredPRINTED unless notice of it has duly been given in accordance with A OFFICIAL IS clause 18. THE THIS (6) A notice ofFOR motion to alter or rescind a resolution, and a notice of motion which has the same effect as a motion which has been negatived by the Council, must be signed by at least 3 Councillors if less than 3 months has elapsed since the resolution was passed, or the motion was negatived, as the case may be. (7) If a motion to alter or rescind a resolution has been negatived, or if a motion which has the same effect as a previously negatived motion, is negatived, no similar motion may be brought forward within 3 months. This subclause may not be evaded by substituting a motion differently worded, but in principle the same. (8) A motion to which this clause applies may be moved on the report of a committee of the Council and any such report must be recorded in the minutes. (9) The provisions of this clause concerning negatived motions do not apply to motions of adjournment. (10) Notwithstanding the provisions of subclause (1), Council may, by resolution, provided that the majority of Councillors present agree, re-commit a matter for further consideration at the same meeting at which the matter has been resolved, to avoid the necessity to rescind the resolution. However re-committal will not be Annexure 1 - Code of Meeting Practice Page 65 allowed if the meeting lapses for want of a quorum or is adjourned to another day. Note: The purpose of sub-clause (10) is to permit the Council to re-visit a decision taken, where it is realised after the vote on the matter, which because there may have been confusion or misunderstandings during debate, the decision may be inconsistent with the wishes of a majority of Councillors. 34 Rescission Motions – Council Meetings (1) That the procedure in relation to the submission of rescission motions be that the Member/s submit the formal rescission motion with confirmed support (in writing) by three (3) Councillors no later than 12:00 noon on the third work day following the Council meeting. Failure to meet this timetable may see the original resolution actioned. Note: Confirmed support in writing may take the form of an email, letter or copy of the rescission duly signed by the Councillors, and may consist of a combination of any or all of these in support of a rescission. Verbal expressions of support will not be considered. (2) The General Manager will notify the relevant Directors, Manager Corporate Governance and the author of the report subject to the Rescission Motion as soon as verbal advice has been received that a Rescission Motion is to be lodged. The appropriate actioning officer will be responsible for ensuring that no further action is taken in respect to the matter pending the item being reconsidered at a future meeting of the Council. 35 Rescission Motion Format THAT the following resolution of the Council / Meeting of the [date] in relation to
[Item number and Title] be rescinded: WWW.GEORGESRIVER.NSW.GOV.AU
PAPER.
RESOLVED THAT … WEBSITE:
BUSINESS RIVER FURTHER THAT if the rescission motion is successful that it be superseded by the following. COUNCIL GEORGES RIVER THE THAT … VISIT
GEORGES
[The Report DetailTHE should PLEASE provide the reasons for the rescission.] OF
[Three CouncillorsCOPY to sign a hardcopy of the motion or provide written agreement to theDOCUMENT motion electronically.] PRINTED A OFFICIAL IS 36 MotionsTHE of adjournment THIS (1) Debate shallFOR not be permitted on any motion for adjournment of a meeting of the Council. (2) If a motion for adjournment is negatived, the business of the meeting shall proceed, and it shall not be in order for any Councillor to again move a motion for adjournment within half an hour of the previous motion for adjournment being negatived. (3) A motion for adjournment may specify the time, date and place of the adjourned meeting; however, if a motion for adjournment is carried but does not specify the time, date and place of the adjourned meeting, the chairperson shall make a determination with respect to whichever of these has not been specified, in accordance with the regulation (cl 233 Regs) Annexure 1 - Code of Meeting Practice Page 66 PART 4 - KEEPING ORDER AT MEETINGS 37 Questions of order (cl 255 Regs) (1) The chairperson, without the intervention of any other Councillor, may call any Councillor to order whenever, in the opinion of the chairperson, it is necessary to do so. (2) A Councillor who claims that another Councillor has committed an act of disorder, or is out of order, may call the attention of the chairperson to the matter. (3) The chairperson must rule on a question of order immediately after it is raised but, before doing so, may invite the opinion of the Council. (4) The chairperson's ruling must be obeyed unless a motion dissenting from the ruling is passed. 38 Acts of disorder (1) A Councillor commits an act of disorder if the Councillor, at a meeting of the Council or a committee of the Council: a. contravenes the Act, any regulation in force under the Act or this Code; or b. assaults or threatens to assault another Councillor or person present at the meeting; or c. moves or attempts to move a motion or an amendment that has an unlawful purpose or that deals with a matter that is outside the jurisdiction of the Council or committee, or addresses or attempts to address the Council or committee on such a motion, amendment or matter; or WWW.GEORGESRIVER.NSW.GOV.AU PAPER. d. insults or makes personal reflections on or imputes improper motives to any other Councillor; or WEBSITE: BUSINESS e. says or does anything that is inconsistentRIVER with maintaining order at the meeting
or is likely to bring the CouncilCOUNCIL or committee into contempt; Note: (cl 256 Regs) GEORGES RIVER f. reads at length from any correspondence,THE report or other document, without the leave of the Council. VISIT GEORGES
(2) The chairperson may requireTHE PLEASE a Councillor: a. to apologise withoutOF reservation for an act of disorder referred to in subclause (1) (a) or (b); orCOPY DOCUMENT b. to withdraw a motion or an amendment referred to in subclause (1) (c) and, PRINTED where appropriate,A OFFICIAL to apologise without reservation; or IS c. to retractTHE and apologise for an act of disorder referred to in subclause (1) (d) or THIS (e). FOR d. to refrain from further reading and apologise for the act of disorder in subclause 1(f). (3) The Council or committee of the Council may, by resolution, expel from a meeting a Councillor who fails to comply with a requirement made under subclause (2). The expulsion of a Councillor under this subclause does not prevent any other action from being taken against the Councillor for the act of disorder concerned. (4) The provisions of the Code of Conduct adopted by Council on 6 March 2013 or subsequent amendments made thereto that reflect on the Council’s Code of Meeting Practice be endorsed. (5) Any matter of concern about the actions / behaviour of a Councillor are to be addressed as outlined in the Code of Conduct, if warranted, and not be the subject of debate or discussion at a Council Meeting. Annexure 1 - Code of Meeting Practice Page 67 39 How disorder at a meeting may be dealt with (cl 257 Regs) (1) If disorder occurs at a meeting of the Council or committee of the Council, the chairperson may adjourn the meeting for a period of not more than 15 minutes and leave the chair. The Council, on reassembling, must, on a question put from the chair, decide without debate whether the business is to be proceeded with or not. This subclause applies to disorder arising from the conduct of members of the public as well a disorder arising from the conduct of Councillors. (2) The Council or committee may, by resolution, expel a member of the public from a Council or committee meeting on the ground that the member is engaging in or has, at the meeting, engaged in disorderly conduct. 40 Power to remove persons from meeting after expulsion resolution (cl 258 Regs) If a meeting of the Council or committee of the Council resolves to expel from the meeting a Councillor for failing to comply with a requirement made under clause 39 or a member of the public for disorderly conduct and the Councillor or member of the public fails to leave the meeting immediately after the resolution is passed, a police officer or any person authorised by the Council or committee for the purpose, may remove the person from the meeting and, if necessary, restrain the person from re-entering the place where the meeting is being held.
WWW.GEORGESRIVER.NSW.GOV.AU PART 5 - COUNCIL COMMITTEESPAPER.
WEBSITE:
BUSINESS 41 Committee of the Whole (ClosedRIVER Session) (1) The Council may resolve itself into a Committee of the Whole to consider any matter COUNCIL before the Council. GEORGES RIVER (2) Before resolving into CommitteeTHE of the Whole the chairperson must ascertain whether or not any member VISITof the public present wishes to address Council as to GEORGES
whether or not the meetingTHE PLEASE should be closed to the public to consider particular issues on the basis ofOF such period being held immediately prior to the time when
Council proposes COPY to close the meeting with any address from a member of the public to be for a maximumDOCUMENT period of two (2) minutes and, if appropriate, addresses are to be takenPRINTED on a "for" and "against" basis. The period for representation ceases A OFFICIAL when the ChairpersonIS calls for the public to vacate the Chamber. (cl 264 Regs). THE THIS (3) All the provisionsFOR of this Code relating to meetings of the Council, so far as they are applicable, extend to and govern the proceedings of a Committee of the Whole, except the provisions: a. limiting the number and duration of speeches; and (cl 259 [1] Regs) b. requiring Councillors to stand when speaking. (4) If a Council resolves that a meeting, or a part of a meeting, is to be closed to the public, the chairperson must make the recommendations of the closed session public as soon as practicable after the meeting or part of the meeting has ended. (5) The General Manager is responsible for reporting to the Council proceedings in a closed session. It is not necessary to report the proceedings in full but any recommendations of the committee must be reported.
(6) The Council must ensure that a report of the proceedings is recorded in the Council's minutes. However, the Council is not taken to have adopted the report until a motion for adoption has been made and passed. Annexure 1 - Code of Meeting Practice Page 68 42 Council may appoint committees and determine frequency of meetings (1) The Council may appoint or elect such committees as it considers necessary. (2) The Council may determine the dates and times of meetings of committees appointed or elected by Council and additional meetings of committees appointed or elected by Council may be convened by Council, the Mayor or in his/her absence the Deputy Mayor or the Chairperson of the committee concerned, subject to appropriate notice of the meeting of the committee being given in accordance with Clause 45 of this Code. Note: Advisory Committees meet at various times, the schedules of which are published online. (3) The Members of a particular committee may agree to vary the time of commencement of that committee from time to time. (4) Such a committee is to consist of such number of Councillors of the Council as the Council decides. (5) The quorum for a meeting of such a committee shall be as determined by resolution of the Council from time to time or if the Council has not determined a quorum shall be a majority of the members of the committee and, in the event of a quorum not being present, all committees shall have the power to co-opt other Councillors so as to provide a quorum, and the co-opted Councillor(s) shall be regarded for the purpose of that particular meeting as having the same rights and privileges as if they were appointed or elected members of the committee and where no members of a committee are available, the Mayor, or in his/herWWW.GEORGESRIVER.NSW.GOV.AU absence the Deputy Mayor, shall have the authority to co-opt other MembersPAPER. of Council so as to provide a quorum and the before-mentioned rights and privilegesWEBSITE: shall apply to such co-opted BUSINESS Members. RIVER
COUNCIL 43 Functions of committeesGEORGES (cl 261 Regs) RIVER The Council must specify the functionsTHE of each of its committees when the committee is appointed or elected, but may from VISITtime to time amend those functions. GEORGES
THE PLEASE 44 Notice of committeeOF meetings to be given (cl 262
COPY Regs) DOCUMENT (1) The General Manager of the Council must send to each Councillor, at least 3 days PRINTED before each Ameeting OFFICIAL of the committee, a notice specifying: IS THE THIS a. the FORtime and place at which and the date on which the meeting is to be held; and
b. the business proposed to be transacted at the meeting. (2) However, notice of less than 3 days may be given of a committee meeting called in an emergency by the Mayor or in his/her absence the Deputy Mayor or the Chairperson of the committee, but in no case shall less than one day be given. (3) The manner of giving notice of a committee meeting may be undertaken in the same manner as giving notice of a Council Meeting as referred to in Clause 8 of this Code. (4) The provisions of clause 17 (2), (3) and (4) apply to the business papers of committee meetings in the same manner as they apply to the business papers of meetings of the Council. 45 Non-members entitled to attend committee meetings (cl 263 Regs) Except as provided for in Clause 43(5) a Councillor who is not a member of a committee Annexure 1 - Code of Meeting Practice Page 69 of the Council is entitled to attend and speak at, but is not entitled to vote at, a meeting of the committee. 46 Procedure in committees (cl 265 Regs) (1) Each committee of the Council may regulate its own procedure. (2) Without limiting subclause (1), a committee of the Council may decide that, whenever the voting on a motion put to a meeting of the committee is equal, the chairperson of the committee is to have a casting vote as well as an original vote. (3) Voting at a committee meeting is to be by open means (such as on the voices or by show of hands). 47 Chairperson and deputy chairperson of committees (1) The Chairperson of each Committee of the Council, must be: a. the Mayor; or b. if the Mayor does not wish to be the Chairperson of a committee, a member of the committee elected by the Council; or c. if the Council does not elect such a member, a member of the committee elected by the committee (2) A Council may elect a member of a Committee of the Council as Deputy Chairperson of the Committee. If the Council does not elect a deputy Chairperson of such a Committee, the Committee may elect a Deputy Chairperson. (3) If neither the Chairperson nor the Deputy Chairperson of a Committee of a Council
is able or willing to preside at a meeting of the Committee,WWW.GEORGESRIVER.NSW.GOV.AU the Committee must elect a member of the Committee to be acting ChairpersonPAPER. of the Committee. (4) The chairperson is to preside at a meetingWEBSITE: of a committee of a council. If the BUSINESS chairperson is unable or unwilling to preside,RIVER the deputy chairperson (if any) is to
preside at the meeting, but if neitherCOUNCIL the chairperson nor the deputy chairperson is able or willing to preside, the actingGEORGES chairperson is to preside at the meeting. RIVER THE Note: Cl 267 Regs VISIT Note: The Mayor is, by virtue of holdingGEORGES that office, a member of each committee of the Council.
THE PLEASE 48 Absence fromOF committee meetings (cl 268 Regs) COPY (1) A member ceases DOCUMENT to be a member of a committee if the member (other than the Mayor): PRINTED A OFFICIAL a. has beenIS absent from 3 consecutive meetings of the committee without having THE givenTHIS reasons acceptable to the committee for the member's absences; or b. has FOR been absent from at least half of the meetings of the committee held during the immediately preceding year without having given to the committee acceptable reasons for the member's absences. (2) Subclause (1) does not apply if all of the members of the Council are members of the committee. Note: Leave of absence from Council Meetings is covered under clause 11 of this Code. (cl 235A Regs). 49 Reports of committees (cl 269 Regs) (1) If in a report of a committee of the Council distinct recommendations are made, the decision of the Council may be made separately on each recommendation. (2) The recommendations of a committee of the Council are, so far as adopted by the Council, resolutions of the Council. 50 Disorder in committee meetings (cl 270 Regs) The provisions of the Act, the Regulation and this Code relating to the maintenance of order in Council meetings apply to meetings of committees of the Council in the same way Annexure 1 - Code of Meeting Practice Page 70 as they apply to meetings of the Council. 51 Committee may expel certain persons from its meetings (cl 271 Regs) (1) If a meeting or part of a meeting of a committee of the Council is closed to the public in accordance with clause 55(2), the committee may, by resolution, expel from the place where the meeting is being held any person who is not a Councillor. (2) If any such person, after being notified of such a resolution, fails to leave the place where the meeting is being held, a police officer, or any person authorised by the Council for the purpose, may remove the person from, and, if necessary, restrain the person from re-entering that place. PART 6 - PECUNIARY INTERESTS 52 Pecuniary interest (1) For the purposes of this Part, a pecuniary interest and the effects and requirements when a pecuniary interest arises is to be as defined in the relevant provisions of the Local Government Act, 1993. Note: Council’s Conflict of Interest Policy should also be referred to for further information on pecuniary interests. (2) A conflict of interests can be of two types: a. Pecuniary – An interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financialWWW.GEORGESRIVER.NSW.GOV.AU gain or loss to the person or another person with whom the person PAPER.is associated. (S442 and S443). b. Non-Pecuniary – A private or personalWEBSITE: interest the Council official has that BUSINESS does not amount to a pecuniary interestRIVER as defined in the Act (for example; a friendship, membership of an association, society or trade union or COUNCIL involvement or interest in an GEORGESactivity and may include an interest of a financial RIVER nature). THE (3) Where a Councillor or a memberVISIT of a Council Committee who has a pecuniary interest in any matter beforeGEORGES the Council, and who is present at a meeting where the THE PLEASE matter is being considered,OF must identify the nature of the interest to the meeting as
soon as practical.COPY Generally this would be when the Chairperson of the Meeting calls for “DisclosureDOCUMENT of nature and interest in matters before the meeting”.
PRINTED (4) When a CouncillorA OFFICIAL or Council Official declares a Pecuniary Interest he / she must IS vacate the roomTHE and not take part in any discussion or consideration of the matter. THIS FOR (5) When a Councillor or Council Official declares a non-pecuniary interest he / she must determine the most appropriate course of action to deal with the conflict as specified in Council’s Code of Conduct. If the Councillor does not leave the meeting, the Councillor must vote on the matter otherwise it will be taken as the Councillor having voted against the motion. (6) Clauses (3) and (4) do not apply to a councillor who has a pecuniary interest in a matter that is being considered at a meeting, if: a. the matter is a proposal relating to: (i) the making of a principal environmental planning instrument applying to the whole or a significant part of the council’s area, or (ii) the amendment, alteration or repeal of an environmental planning instrument where the amendment, alteration or repeal applies to the whole or a significant part of the council’s area, and b. the councillor made a special disclosure under Schedule 3A (Regs) in relation to the interest before the commencement of the meeting. Annexure 1 - Code of Meeting Practice Page 71 PART 7 - PRESS AND PUBLIC 53 Public notice of meetings (1) The Council must give notice to the press and public of the times, dates and places of its meetings and meetings of those of its committees of which all the members are Councillors. (2) The Council and each such committee must have the business paper available for the press and public prior to and at each meeting for inspection and taking away by persons of the business paper for the meeting. This requirement does not apply to a business paper for a matter that, in the opinion of the General Manager, is likely to be considered when the meeting is closed to the press and public and in this case the agenda for the meeting is to indicate that the relevant item of business is of such a nature (S9[2]). (3) The business paper is to be available to the press and public as nearly as possible to the time they are available to Councillors and are to be available free of charge. 54 Attendance at meetings of the Council (1) The press and public are entitled to attend a meeting of the Council and those of its committees of which all its members are Councillors, except as provided by this clause. (2) The Council or such a committee may close to the press and public only so much of its meeting as comprises the receipt or discussion of any of the following: a. personnel matters concerning particular individualsWWW.GEORGESRIVER.NSW.GOV.AU (other than Councillors), b. the personal hardship of any resident orPAPER. ratepayer, c. information that would, if disclosed, WEBSITE: confer a commercial advantage on a BUSINESS person with whom the Council RIVER is conducting (or proposes to conduct) business, COUNCIL d. commercial information of a confidentialGEORGES nature that would, if disclosed: RIVER i. prejudice the commercialTHE position of the person who supplied it, or
ii. confer a commercialVISIT advantage on a competitor of the Council, or iii. reveal a tradeGEORGES secret, e. information that would,THE PLEASE if disclosed, prejudice the maintenance of law, f. matters affectingOF the security of the Council, Councillors, Council staff or COPY Council property,DOCUMENT g. advice concerning litigation, or advice that would otherwise be privileged from PRINTED productionA OFFICIAL in legal proceedings on the ground of legal professional privilege, IS h. InformationTHE concerning the nature and location of a place or an item of THIS AboriginalFOR significance on community land, i. Alleged contraventions of any code of conduct requirements applicable under section 440. (3) The grounds on which a meeting is closed must be specified in the decision to close the meeting and recorded in the minutes of the meeting and specify the following: a. the relevant provisions of the Act; b. the matter that is to be discussed during the closed part of the meeting; c. the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in an open meeting would be, on balance, contrary to the public interest. (4) A person (whether a Councillor or another person) is not entitled to be present at a meeting if expelled from the meeting by a resolution of the meeting. (5) Nothing in this clause prevents any limitation being placed on the number of members of the public admitted to a meeting of the Council or a committee of the Council, provided such limitation is for reason of safety or security. Annexure 1 - Code of Meeting Practice Page 72
Note: Section 10(A) of the Local Government Act 55 Public Participation at Council / Committee Meetings (1) A member of the public wishing to address the Council (or a Committee of the Council) is required to submit a request in writing not later than 48 hours prior to the meeting and, if approval is granted by the Mayor or Chairperson of the relevant Committee, the applicant (or one person representing a group or organisation); or if there are opposing views, up to two speakers representing each viewpoint be permitted to address that meeting of the Council (or Committee of the Council) for three minutes at the time specified by the Mayor or Chairperson; except that the Mayor or Chairperson, at their discretion, may permit the immediate consideration by the Council or Committee in relation to an urgent matter. In the event that the Chair is unavailable to approve requests to speak, the General Manager may do so, in order to advise the applicants that their request has been approved before the meeting. (2) In relation to Planning Reports, a member of the public wishing to address the Council (or a Committee of the Council) is required to register 15 minutes prior to the commencement of the meeting. Note: Subclause (3) and (4) below are explanatory notes and do not form part of this Code. The explanatory notes will assist a member of the public to understand the manner in which the Mayor or Chairperson of the relevant Council or Committee meeting is likely to exercise the discretion to approve public participation. (3) No more than four (4) speakers may be permitted to address a meeting of the
Council (or Committee of the Council) on eachWWW.GEORGESRIVER.NSW.GOV.AU occasion, except in relation to planning reports. PAPER. (4) To ensure a broad range of representation, WEBSITE:individual members of the public wishing BUSINESS to address the Council (or Committee RIVER of the Council) will be limited to three (3) addresses each calendar year, except in relation to planning reports. COUNCIL GEORGES (5) Speakers shall be scheduled toRIVER speak prior to consideration of the matter on which the speaker wishes to address theTHE Council. VISIT
GEORGES
(6) Questions or addressesTHE from PLEASE the public gallery a. shall not be allowedOF in respect to matters being considered by Council (or
Committee ofCOPY the Council) unless prior approval has been granted by the Mayor or Chairperson.DOCUMENT b. shall notPRINTED be allowed in respect to matters not on the meeting agenda. A OFFICIAL IS THE (7) That shouldTHIS speakers address Council on a matter which is subsequently deferred for the purposesFOR of a Councillor inspection or further consideration, that it be the policy that no further representations be permitted by members of the public on that matter. (8) Should a Councillor indicate that a motion to defer will be proposed, the Chair shall give those members of the public who have registered to speak the opportunity to reserve their right to speak until such time as the matter is referred back to Council. (9) That in the event that a development application (as a planning report) is considered at a Council meeting at which members of the public address the Council, and the Council resolves to request amendments to the proposal, then members of the public be permitted to speak at the meeting at which the matter is further considered if that consideration relates to a redesigned structure or substantially amended structure. (10) All speakers who address Council will be identified by name in the minutes for the Council Meeting or committee at which the person spoke, and whether the speaker was for or against the recommendation on the matter under consideration. Annexure 1 - Code of Meeting Practice Page 73 (11) Speakers will be scheduled to speak with those ‘against’ speaking first, followed by any speakers ‘in favour’ of a matter. Note: Georges River Council actively encourages participation of residents in the decision making process and is happy to hear from people regarding matters raised in the business paper, subject to the provisions of clause 28 in respect of Questions With Notice. 56 Public access to correspondence and reports (1) The Council and a committee of which all the members are Councillors must, during or at the close of a meeting, or during the business day following the meeting, give reasonable access to any person to inspect correspondence and reports laid on the table at, or submitted to, the meeting. (2) This clause does not apply if the correspondence or reports: a. relate to a matter that was received or discussed; or b. were laid on the table at, or submitted to, the meeting, while the meeting was closed to the public. PART 8 - MISCELLANEOUS 57 Urgent Minor Matters 1) The General Manager be authorised to approach Councillors in cases of urgency where a decision is required on a matter prior to the next available Council Meeting on the basis that the approach is by email and to all Councillors. WWW.GEORGESRIVER.NSW.GOV.AU
2) The General Manager must receive a majorityPAPER. of support, by email, before
enacting any action, with a report to go WEBSITE:to the next available Council meeting
outlining the action taken. BUSINESS RIVER 3) Should any Councillor not support the proposed action and they are of a strong view that the proposed COUNCILaction should not be taken, Councillors have GEORGES RIVER the right to advise their intentionTHE to submit a rescission motion in accordance
with the existing provisionsVISIT described in Clause 34 of this Code of Meeting Practice. Should this occur,GEORGES and a formal rescission motion is received, no THE PLEASE action would be takenOF and the matter would be submitted to the next available Council meeting for consideration. COPY DOCUMENT Note: It should be noted that the enacting of a ‘rescission motion’ under this process does not substitute, PRINTED prohibit or take the placeA OFFICIAL of the provisions of Cl 34 Rescinding and Altering Resolutions once the matter has IS been considered and determinedTHE by Council. THIS FOR 58 Information relating to proceedings at closed meetings not to be disclosed (S664) (1) If a meeting or part of a meeting of the Council or a committee of the Council is closed to the public in accordance with clause 55(2), a person must not, without the authority of the Council or the committee, disclose, otherwise than to the Council or to a Councillor, information with respect to the discussion at, or the business of, the meeting. (2) This clause does not apply: a. to the report of a committee of the Council when presented to the Council; b. to the disclosure of information referred to in subclause (1) by a Councillor or employee of the Council in the course of the Councillor's or employee's duties. Annexure 1 - Code of Meeting Practice Page 74 59 Inspection of the minutes of the Council or a committee (1) Copies of the minutes of the Council or committee of the Council are made available to the public on-line. (2) Should an inspection of hard copy minutes of the Council or committee of the Council be requested, the inspections is to be carried out under the supervision of the General Manager or Public Officer or an employee of the Council designated by the General Manager or Public Officer to supervise inspections of those minutes. (3) The General Manager must ensure that the minutes of the Council and any minutes of a committee of the Council are kept secure and in safe custody and that no unauthorised person is allowed to interfere with them. 60 Recording of meeting of the Council or a committee prohibited (1) A person may use a tape recorder to record the proceedings of a meeting of a council or committee of the council only with the authority of the council or committee. (2) A person may, as provided by section 10 (2) (a) or (b) of the Act, be expelled from a meeting of a Council or a Committee of a Council for using or having used a recording device in contravention of this clause. (3) If any such person, after being notified of a resolution or direction expelling him or WWW.GEORGESRIVER.NSW.GOV.AU
her from the meeting, fails to leave the placePAPER. where the meeting is being held, a police officer, or any person authorised for the purpose by the Council, or person WEBSITE:
presiding, may, by using only suchBUSINESS force as is necessary, remove the first- mentioned person from that place and,RIVER if necessary, restrain that person from re-
entering that place. COUNCIL GEORGES RIVER (4) In this clause, tape recorder THEincludes a video camera, mobile phone and any
electronic device capable of recordingVISIT speech. Note: Cl 273 Regs GEORGES THE PLEASE OF
61 Recording ofCOPY meeting by the Council or a committee (1) Audio recordings areDOCUMENT not required of Council or any Committee Meetings. However,
if recordings ofPRINTED any meetings are made then: A OFFICIAL a. audioIS recordings of meetings will only be used for verifying the accuracy of THE minutes;THIS FOR b. audio recordings of meetings will not be made available to the public or disclosed to any third party except as allowed or exempted under sections 18, 19 and/or 23 of the Privacy and Personal Information Act 1998 or by any other law, e.g. Government Information (Public Access) Act 2009. c. audio recordings of meetings will be destroyed as soon as their original purpose is served or immediately after three months since their creation (whichever is the later), except where retention for a longer period is otherwise required or recommended under the State Records Act 1998 or for any other lawful purpose. d. appropriate signage will be displayed in the public gallery or at the public entrance to council meetings, as well as verbal statements at the commencement of each meeting, to notify the public of the matters required under s10(a)-(e) of the Privacy and Personal Information Act 1998. (2) In this clause, audio recordings include a tape recorder, video camera, mobile phone or any electronic device capable of recording speech. Annexure 1 - Code of Meeting Practice Page 75 62 Certain circumstances do not invalidate Council decisions (S374) Proceedings at a meeting of the Council or a Council committee are not invalidated because of: a. a vacancy in a civic office; b. a failure to give notice of the meeting to any Councillor or a committee member: c. any defect in the election or appointment of a Councillor or a committee member; d. a failure of a Councillor or a committee member to disclose a pecuniary interest, or to refrain from the consideration or discussion of, or vote on, the relevant matter, at a Council or a committee meeting in accordance with section 451; e. a failure to comply with the Code of Meeting Practice. 63 Referral of Planning and Development Matters to Council If any Councillor notifies the General Manager in writing at any time prior to determination of a matter under consideration and they seek to have the matter considered by full Council then: a) The matter shall be referred to Council for its consideration and determination; b) The Councillor referring the matter to Council shall state, in writing, the specific WWW.GEORGESRIVER.NSW.GOV.AU
reasons for referral, with such reasons to bePAPER. communicated to all Councillors prior
to the meeting. The source Councillor andWEBSITE: reasons for referral are to be included
in any report to Council. BUSINESS RIVER
Where the notice of referral providesCOUNCIL that the reason for referral is to allow a site inspection by Councillors, the GeneralGEORGES Manager be authorised to arrange the site RIVER inspection in consultation with the THE Mayor, prior to the matter being referred for consideration by Council. The arrangementsVISIT for a site inspection are also to include notification to all Councillors. GEORGES THE PLEASE OF
64 AmendmentCOPY of Code DOCUMENT (1) Changes to the Act or Regulation will automatically impact Council’s Code of PRINTED Meeting Practice.A OFFICIAL If inconsistent, the provisions of the Meeting Code must be IS changed to matchTHE the Act and the Regulation. THIS (2) The CodeFOR is automatically amended as a result of changes to the Act or Regulation. These changes do not require public notification under S361 to S363 of the Act, given that these amendments would follow best practice requirements. (3) Any amendment to the additional provisions provided by the Council in its Meeting Code may require public notification in accordance with the relevant sections of the Act. (4) The Code of Meeting Practice shall be reviewed within twelve (12) months of a general election, or on an “as needs” basis. Page 76 EXTRAORDINARY COUNCIL MEETING 19 May 2016
Item I8: Payment of Expenses and the Provision of Facilities for Mayor and Councillors Policy Author: Cathryn Bush - Manager Governance Reason for report: To consider endorsement of the policy on the payment of expenses and the provision of facilities for Mayor and Councillors. Recommendation: a) That the Payment of Expenses and the Provision of Facilities for Mayor and Councillors Policy, annexed to the report, be adopted as Georges River Council’s policy. b) That any reference to Council, the Mayor and Councillors in the policy referred to in (a) above be taken to be a reference to the Administrator.
Background
1. Section 252 of the Local Government Act 1993 requires councils to “…adopt a policy concerning the payment of expenses incurred, or to be incurred by, and the provision of facilities to, the Mayor, the Deputy Mayor and the other Councillors in relation to
discharging the functions of civic office.” WWW.GEORGESRIVER.NSW.GOV.AU PAPER.
2. In view of the recent amalgamation of the formerWEBSITE: Kogarah City Council and former BUSINESS Hurstville City Council to form the new GeorgesRIVER River Council it is necessary for the new entity to endorse a policy concerning the payment of expenses incurred, or to be COUNCIL incurred by, and the provision of facilitiesGEORGES to, the Mayor, the Deputy Mayor and the RIVER other Councillors in relation to dischargingTHE the functions of civic office. VISIT 3. In this regard, it is proposedGEORGES to utilise the former Kogarah City Council’s most recent THE PLEASE Payment of Expenses andOF the Provision of Facilities for Mayor and Councillors policy
that was previouslyCOPY adopted on 26 October 2015, in accordance with the Division of Local Government’s DOCUMENTguidelines, the Local Government Act 1993 and Clause 217 of PRINTED the Local GovernmentA OFFICIAL (General) Regulation 2005. This policy has been updated with IS the new nameTHE Georges River Council. No other changes have been made to this THIS policy at thisFOR time.
4. In addition, it should be noted that any reference in this policy to the Council, the Mayor and Councillors is to be taken to be a reference to the Administrator.
5. It is recommended that the Georges River Council’s policy for the Payment of Expenses and the Provision of Facilities to the Mayor and Councillors, annexed to this report, be adopted.
6. This policy will be effective upon its adoption.
7. In accordance with the Local Government Act 1993, the policy is required to be reviewed within five (5) months of the conclusion of each financial year. Accordingly the next review will be undertaken prior to the end of November 2016.
Extraordinary Council Meeting Page 1 Page 77 EXTRAORDINARY COUNCIL MEETING 19 May 2016 Item I8 (cont.)
Operational Plan Budget
8. Within budget allocation.
Attachments/Annexures
1 Policy for Payment of Expenses & the Provision of Facilities to 34 Pages Annexure the Mayor & Councillors - May 2016
End of Report
WWW.GEORGESRIVER.NSW.GOV.AU
PAPER.
WEBSITE:
BUSINESS RIVER
COUNCIL GEORGES RIVER THE
VISIT
GEORGES
THE PLEASE OF
COPY DOCUMENT
PRINTED A OFFICIAL IS THE THIS FOR
Extraordinary Council Meeting Page 2 Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 78
Policy/Code Title: Policy – Payment of Expenses and the Provision of Facilities to the Mayor and Councillors
Policy/Code Number: GRC P001.001
Directorate: Governance and Corporate Services
Department: Governance WWW.GEORGESRIVER.NSW.GOV.AU PAPER. Strategic Direction/s: WEBSITE: BUSINESS RIVER
Strategic Goal/s: COUNCIL GEORGES RIVER Responsible Officer: ManagerTHE Governance VISIT
GEORGES
Relevant Legislation: THE PLEASELocal Government Act s252, 253 & Regulation cl.217 OF
COPY Adoption Date: DOCUMENT
PRINTED Resolution Number:A OFFICIAL IS THE THIS Amendment History:FOR Review Year: Annual, five months after the end of each financial year.
Note: Any reference in this policy to Council, the Mayor and Councillors is to be taken to be a reference to the Administrator.
Note: Policy details may change prior to review date due to legislative changes etc, therefore this document is uncontrolled when printed. Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 79 Policy Statement
CONTENTS Page
PART 1 INTRODUCTION ...... 4
1.1 Title and Commencement of the Policy ...... 4
1.2 Purpose of the Policy ...... 5
1.3 Objectives and Scope of the Policy ...... 5 Conduct ...... 5 Accountability and transparency ...... 5
1.4 Making and Adoption of the Policy ...... 6
1.5 Legislative Provisions ...... 7 Local Government Act ...... 7
1.6 Other Government Policy Provisions...... 10 i. DLG Guidelines for payment of Expenses and Provisions of Facilities… 10 WWW.GEORGESRIVER.NSW.GOV.AU
ii. Georges River Council’s Code of Conduct………………………………PAPER. 10 iii. DLG Model Code of Conduct……………………………………………. 11 WEBSITE:
iv. DLG Circulars to Councils……………………………………………….BUSINESS 11 v. ICAC Publications………………………………………………………..RIVER 11
COUNCIL GEORGES RIVER PART 2 PAYMENT OF EXPENSESTHE ...... 12
VISIT GENERAL PROVISIONS ...... GEORGES ...... 12 THE PLEASE OF 2.0 Payment of expenses generally ...... 12 COPY Allowances and ExpensesDOCUMENT ...... 12
Establishment PRINTEDof monetary limits and A OFFICIAL standards…………………………………………..IS ...... 12 THE THIS No private FORbenefit unless payment made ……………………………………... 13 No use of council resources for political purposes…………………...……… ..13 Gifts and Benefits……………………………………………………………... 13 Participation, equity and access …………………...………………………….. 14 Approval Arrangements …………………..……………………………………14 Dispute Resolution………………………………………………………………………14 Reimbursement and Reconciliation of Expenses ...... 14 Payment in advance ...... 15
SPECIFIC EXPENSES FOR COUNCILLORS AND THE MAYOR ...... 15
2.1 Attendance at Seminars and Conferences ...... 15
2.2 Training and Educational Expenses ...... 19
2.3 Local Travel Arrangements and Expenses ...... 19 Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 80
2.4 Travel Outside the LGA including Interstate Travel ...... 21
2.5 Overseas Travel / Friendship City Relationships ...... 21
2.6 Legal Expenses and Obligations ...... 22
2.7 Security and Obligations…………………………………………………...... 23
2.8 Insurance Expenses and Obligations ...... 24
2.9 Telecommunications / Internet ...... 24
2.10 Care and Other Related Expenses...... 25
2.11 Spouse and Partner Expenses ...... 26
ADDITIONAL MAYORAL EXPENSES ...... 27
2.12 Additional Allowances and Expenses for the Mayor ...... 27
PART 3 PROVISION OF FACILITIES ...... WWW.GEORGESRIVER.NSW.GOV.AU 28 PAPER. 3.1 Provision of Facilities Generally ...... WEBSITE: 28 BUSINESS RIVER
3.2 Private Use of Equipment and FacilitiesCOUNCIL ...... 28 GEORGES RIVER PROVISIONS OF FACILITIES, EQUIPMENTTHE AND SERVICES FOR COUNCILLORS ...... VISIT 28 GEORGES
THE PLEASE 3.3 General Shared FacilitiesOF for Councillors ...... 28
COPY DOCUMENT 3.4 Facilities, Equipment and Services Required to be Returned ...... 30 PRINTED A OFFICIAL IS THE 3.5 Facilities,THIS Equipment and Services Not Required to be Returned ...... 31 FOR PROVISION OF ADDITIONAL EQUIPMENT, FACILITIES AND SERVICES FOR THE MAYOR ...... 31
3.6 Provision of Additional Facilities, Equipment & Services for the Mayor ... 31
3.7 Mayoral Equipment, Facilities & Services Not Required to be Returned .. 33
PART 4 OTHER MATTERS ...... 34
4.1 Acquisition and Returning of Facilities and Equipment by Councillors ..... 34
4.2 Status of the Policy ...... 34 Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 81 Part 1 - INTRODUCTION 1.1 Title and Commencement of the Policy
This policy shall be cited as the policy for the Payment of Expenses and Provision of Facilities to the Mayor and Councillors.
This policy shall ensure that Councillors are reimbursed for expenses reasonably incurred in their performance of their role as a Councillor. Only those entitlements specifically described in this policy shall be provided by the Council. Any provision outside of this policy requires Council’s approval at an open Council meeting.
This policy will be effective once adopted by Council on 19 May 2016.
Definitions
In this policy, unless otherwise stated, the expression “Councillor” refers to all Councillors of Georges River Council including the Mayor and Deputy Mayor.
In this policy the expression “year of term” means the twelve (12) month period commencing on the date of election to Council of a Councillor and every subsequent WWW.GEORGESRIVER.NSW.GOV.AU twelve (12) month period of the term. PAPER.
WEBSITE:
In this policy the expression “year” means thBUSINESSe financial year being the twelve (12) month period commencing on 1st July to the followingRIVER 30th June.
COUNCIL GEORGES RIVER The Act: The Local Government Act 1993.THE
VISIT The Regulation: The Local GovernmentGEORGES (General) Regulation 2005. THE PLEASE OF Expenses: Payments made by Council to reimburse Councillors for reasonable costs or COPY charges incurred or to beDOCUMENT incurred for discharging their civic functions. Expenses must be outlined in Council’sPRINTED policy and may be either reimbursed to a Councillor or paid A OFFICIAL directly by CouncilIS for something that is deemed to be a necessary expense to enable THE THIS them to performFOR their civic functions. Expenses are separate and additional to annual fees.
Facilities: Equipment and services that are provided by Council to Councillors to enable them to perform their civic functions with relative ease and at a standard appropriate to their professional role as Councillors.
Functions of civic office / civic functions: Functions that Councillors are required to undertake to fulfil their legislated role and responsibilities for the Council that should result in a direct benefit for the Council and/or for the local government area.
1.2 Purpose of the Policy Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 82 The purpose of this policy is to ensure that there is accountability and transparency in the reimbursement of expenses incurred or to be incurred by Councillors. The policy also ensures that the facilities provided to assist Councillors to carry out their civic duties are reasonable.
1.3 Objectives and Scope of the Policy
The objective of this policy is to describe the scope and extent of the expenses that may be claimed by, and equipment and facilities provided to, the Mayor and Councillors so that these costs are reasonable and appropriate for payment by Council.
In applying the provisions of the legislation to Georges River Council, it is considered that Council’s policy should provide for the payment of appropriate expenses and the provision of the necessary facilities to ensure that:
a) The Mayor, as the first citizen of the Council’s area, as the leader of the governing body of the Council and as the principal spokesperson on Council policy is provided with a standard and range of facilities appropriate to the importance of the office.
b) The Councillors of Georges River Council in their roles as members of the governing body of the Council and as elected personsWWW.GEORGESRIVER.NSW.GOV.AU are reimbursed for expenses reasonably incurred in the performancePAPER. of the role and are provided with a standard and range of facilities to assistWEBSITE: in discharging the functions of BUSINESS Civic office. RIVER
COUNCIL c) Councillors are not out-of-pocketGEORGES or do not suffer financial hardship as a result RIVER of performing and dischargingTHE their Civic functions and duties VISIT
GEORGES
This policy aims to uphold andTHE PLEASE demonstrate the following key principles: OF
COPY Conduct DOCUMENT
PRINTED A OFFICIAL Councillors mustIS act lawfully, honestly and exercise a reasonable degree of care and THE diligence in carryingTHIS out their functions under the Local Government Act 1993 (“the Act”) or any otherFOR Act. This is required by section 439 of the Local Government Act 1993 and reinforced in the provisions of Georges River Council’s Code of Conduct. Councillors should in particular, be mindful of the provisions of the Anti- Discrimination Act 1977.
Accountability and transparency
The provisions in this policy must ensure there is accountability and transparency in the reimbursement of expenses incurred or to be incurred by Councillors and ensure the expense is clearly identified in the policy. The details and range of benefits provided to Councillors by the Council shall be clearly stated in this policy and be fully transparent and acceptable to the local community. Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 83 1.4 Making and Adoption of the Policy
This policy is made pursuant to Sections 252 - 254 of the Local Government Act 1993, in accordance with clause 403 of the Local Government (General) Regulation 2005 (“the Regulation”) and the directions of the Division of Local Government Circular No. 09-36 (7/10/09) “Guidelines for the Payment of Expenses and the Provision of Facilities to Mayors and Councillors.”
Council is required to adopt the policy annually for the payment of expenses and the provision of facilities to the Mayor, Deputy Mayor and other Councillors (Refer Section 252 of the Act).
Council is required on an annual basis to review and submit its policy to the Director- General of the Division of Local Government within 28 days of adoption by Council, even if Council proposes to adopt an unchanged policy.
Current policies must be submitted to the Division of Local Government by 30 November each year. Therefore, Council shall within 5 months after the end of each financial year adopt this policy.
Prior to annually adopting the policy, public notice must be given and public submissions invited for 28 days. Council must then considerWWW.GEORGESRIVER.NSW.GOV.AU all submissions received and make any appropriate changes to the policy (ReferPAPER. Section 253 of the Act). WEBSITE:
BUSINESS Public notice is not necessary if the proposed RIVERchanges are not substantial and it is not part of the annual adoption process i.e. COUNCILif there are only minor changes to the wording of the policy, changes to monetary provisionsGEORGES or rates that are less than 5%, or minor RIVER changes to the standard of equipment THEand facilities to be provided. VISIT
GEORGES
Substantial amendments to theTHE PLEASEpolicy that could include larger changes to monetary limits than the limit noted OFabove, and/or major changes to the standard of provision of equipment and facilities,COPY will require public notice of the amendment. DOCUMENT
PRINTED Any new categoryA ofOFFICIAL expenses, facilities and equipment included in this policy will also IS THE require publicTHIS notice. FOR This policy, as adopted, applies to all Administrators of Council, including the General Manager, Directors and staff and must be adhered to. Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 84
1.5 Legislative Provisions
The relevant legislative provisions to this policy are set out below. In this legislation the expression “year” means the period from 1 July to the following 30 June.
Local Government Act 1993
Section 252 (Payment of Expenses and Provisions of Facilities) states:
(1) Within 5 months after the end of each year, a Council must adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the Mayor, the Deputy Mayor and the other Councillors in relation to discharging the functions of civic office.
(2) The policy may provide for fees payable under this Division to be reduced by an amount representing the private benefit to the Mayor or a Councillor of a facility provided by the Council to the Mayor or Councillor.
(3) A Council must not pay any expenses incurred or to be incurred by, or provide any facilities to, the Mayor, the Deputy Mayor or a Councillor otherwise than in accordance with a policy under this section. WWW.GEORGESRIVER.NSW.GOV.AU PAPER. (4) A Council may from time to time amend aWEBSITE: policy under this section. BUSINESS RIVER
(5) A policy under this section mustCOUNCIL comply with the provisions of this Act, the regulations and any relevant guidelinesGEORGES issued under section 23A. RIVER THE Section 253 (Requirements that CouncilVISIT must undertake before a Policy GEORGES concerning Expenses and FacilitiesTHE PLEASE can be Adopted or Amended) states: OF
(1) A council must COPYgive public notice of its intention to adopt or amend a policy for DOCUMENT the payment of expenses or provision of facilities allowing at least 28 days for PRINTED the makingA ofOFFICIAL public submissions. IS THE THIS (2) Before FORadopting or amending the policy, the Council must consider any submissions made within the time allowed for submissions and make any appropriate changes to the draft policy or amendment.
(3) Despite subsections (1) and (2), a Council need not give public notice of a proposed amendment to its policy for the payment of expenses or provision of facilities if the Council is of the opinion that the proposed amendment is not substantial.
(4) Within 28 days after adopting a policy or making an amendment to a policy for which public notice is required to be given under this section, a Council is to forward to the Director-General:
(a) a copy of the policy or amendment together with details of all submissions received in accordance with subsection (1), and Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 85 (b) a statement setting out, for each submission, the Council’s response to the submission and the reasons for the council’s response, and
(c) a copy of the notice given under subsection (1).
(5) A Council must comply with this section when proposing to adopt a policy each year in accordance with section 252 (1) even if the Council proposes to adopt a policy that is the same as its existing policy.
Section 254 Decision to be made in Open Meeting
Section 254 requires that a part of a Council or Committee Meeting, which considers the adopting or amending of such a policy must not be closed to the public.
Section 232 Role of a Councillor states:
(1) The role of a councillor is, as a member of the governing body of the council:
to provide a civic leadership role in guiding the development of the community strategic plan for the area and to be responsible for monitoring the implementation of the council’s delivery program
WWW.GEORGESRIVER.NSW.GOV.AU to direct and control the affairs of the councilPAPER. in accordance with this Act WEBSITE:
BUSINESS to participate in the optimum allocationRIVER of the council’s resources for the benefit
of the area COUNCIL GEORGES RIVER THE to play a key role in the creation and review if the council’s policies and VISIT
objectives and criteria relatingGEORGES to the exercise of the council’s regulatory functions THE PLEASE OF
COPY to review the performanceDOCUMENT of the council and its delivery of services, and the
delivery programPRINTED and revenue policies of the council A OFFICIAL IS THE (2) The role ofTHIS a councillor is, as an elected person: FOR
to represent the interests of the residents and ratepayers
to provide leadership and guidance to the community
to facilitate communication between the community and the council.
Section 23A Guidelines - Director- General of the Division of Local Government
Section 23A makes provision for the Director-General of the Division of Local Government to prepare, adopt or vary guidelines that relate to the exercise by a Council of any of its functions. It also requires that a Council must take the relevant guidelines into consideration before exercising any of its functions. Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 86 Section 428 Local Government Act 1993 - Annual Reports
Information is to be submitted to the Division of Local Government by 30 November each year.
Government Information (Public Access) Act 2009 [GIPA Act]
GIPA Act provides that this policy must be available to the public via Council’s website and that the public is also able to inspect this policy during office hours at the Council, and at no charge, the current version and the immediately preceding version of the Council’s Expenses and Facilities Policy. The public are also entitled to a copy of the policy either free of charge or on payment of a reasonable copying charge.
Local Government (General) Regulation 2005
Clause 217 (1) (a) and (1) (a1) (Additional information for inclusion in Annual Report)
Information regarding overseas travel and Councillor expenses is to be provided for each financial year and submitted to the Division of Local Government by 30 November each year.
WWW.GEORGESRIVER.NSW.GOV.AU Clause 403 (Payment of Expenses and ProvisionPAPER. of Facilities) states:
WEBSITE:
BUSINESS A policy under section 252 of the Local GovernmentRIVER Act 1993 must not include any provision enabling a Council: COUNCIL GEORGES RIVER a) to pay any Councillor an allowanceTHE in the nature of a general expense allowance, or VISIT GEORGES
THE PLEASE b) to make a motor vehicleOF owned or leased by the Council available for the
exclusive or primaryCOPY use or disposition of a particular Councillor other than a Mayor. DOCUMENT PRINTED A OFFICIAL IS Note: This policyTHE excludes annual fees paid to the Mayor and Councillors in accordance THIS with Sections 248-FOR 251 of the Local Government Act 1993. Those fees are separately determined each year based on the Determination of the Local Government Remuneration Tribunal. Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 87
1.6 Other Government Policy Provisions
This policy has been prepared with reference to other Government and Council policy provisions as follows:-
i. DLG Guidelines for Payment of Expenses and Provision of Facilities Division of Local Government Circular No. 09-36, 7 October 2009, Guidelines for the Payment of Expenses and the Provision of Facilities to the Mayor and Councillors (These guidelines replace Circular No. 06-57 Guidelines for the Payment of Expenses and Provision of Facilities to the Mayor and Councillors).
ii. Georges River Council’s Code of Conduct Georges River Council’s Code of Conduct is consistent with the Model Code of Conduct for Local Councils in NSW, Department of Local Government – June 2008.
The following section Use of Council Resources from Georges River Council’s Code of Conduct is particularly relevant to this policy:
10.13 You must use Council resources ethically, effectively, efficiently and carefully in the course of yourWWW.GEORGESRIVER.NSW.GOV.AU public or professional duties, PAPER. and must not use them for private purposes (except when supplied as part of a contractWEBSITE: of employment) unless this use is BUSINESS lawfully authorised andRIVER proper payment is made where
appropriate. COUNCIL GEORGES RIVER 10.15 You must be scrupulousTHE in your use of Council property including intellectualVISIT property, official services and facilities and shouldGEORGES not permit their misuse by any other person or THE PLEASE body.OF
COPY 10.16 YouDOCUMENT must avoid any action or situation which could create the PRINTEDimpression that Council property, official services or public A OFFICIAL IS THE facilities are being improperly used for your own or any other THIS FOR person or body’s private benefit or gain.
10.17 The interests of a Councillor in their re-election is considered to be a personal interest and as such the reimbursement of travel expenses incurred on election matters is not appropriate. Council letterhead, Council crests and other information that could give the impression it is official Council material must not be used for these purposes.
10.18 You must not convert any property of the Council to your own use unless properly authorised. Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 88 iii. DLG Model Code of Conduct for Local Councils in NSW (2008)
iv. DLG Circulars to Councils - Circular 05-08 Legal Assistance for Councillors and Council Employees (9 March 2005) - Circular 02-34 Unauthorised Use of Council Resources.
v. ICAC Publications ICAC Publication No Excuse for Misuse of Council Resources (Guidelines 2), November 2002. This publication is available on the ICAC website at www.icac.nsw.gov.au.
WWW.GEORGESRIVER.NSW.GOV.AU
PAPER.
WEBSITE:
BUSINESS RIVER
COUNCIL GEORGES RIVER THE
VISIT
GEORGES
THE PLEASE OF
COPY DOCUMENT
PRINTED A OFFICIAL IS THE THIS FOR Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 89 Part 2 - PAYMENT OF EXPENSES GENERAL PROVISIONS
2.0 Payment of Allowances and Expenses Generally
Allowances and Expenses
No provision will be made for the payment of an allowance in the nature of a general expense allowance. (DLG Circular 09/36 – 07/10/09).
This policy is intended to cover most situations where a Councillor reasonably incurs expenses in discharging the functions of civic office.
The Local Government Remuneration Tribunal has adopted the principle that expenses reasonably incurred by Councillors are outside provisions made under the annual fee determinations.
Council may only pay a Deputy Mayor part of the Mayor’s annual fee where a Deputy Mayor demonstrably acts in the role of the Mayor. Such payment should only be done at the direction of the Council, and the Council must deduct any amount paid to the
Deputy Mayor from the Mayor's annual fee. WWW.GEORGESRIVER.NSW.GOV.AU
PAPER.
Establishment of monetary limits and standards WEBSITE:
BUSINESS RIVER This policy identifies and publishes monetary limits and standards applicable to the COUNCIL payment of various expenses to Councillors.GEORGES By doing so members of the public are RIVER aware of the expected cost of providingTHE services to Councillors and provides openness and transparency in the provision ofVISIT such services. GEORGES
THE PLEASE Monetary limits prescribedOF in this policy set out the maximum amount payable in respect of any facility orCOPY expense. DOCUMENT
All monetary amountsPRINTED stated are exclusive of GST. A OFFICIAL IS THE THIS Where applicableFOR the standard of any equipment, facility or service to be provided shall be to the maximum standard prescribed in this policy.
Any additional cost incurred by a Councillor in excess of any monetary limit set shall be considered a personal expense that is the responsibility of the Councillor. The only exception to this monetary limit is for replacement of faulty equipment.
Councillors will be responsible to replace or pay the excess where an item is covered by insurance for equipment which has been stolen or lost with the exception of one (1) replacement mobile phone per year.
Only those entitlements specifically described in this policy shall be provided by Council. Any provision outside of this policy requires Council’s approval at an open Council meeting. Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 90 No private benefit unless payment made
Councillors should not obtain private benefit from the provision of equipment and facilities while on Council business. However it is acknowledged that incidental use of Council equipment and facilities may occur from time to time. Such incidental private use is not subject to a compensatory payment back to Council.
Where more substantial private use does occur the Act provides that a payment may be made to cover the level of that private use.
No use of council resources for political purposes
Equipment, facilities and services provided under this policy shall not be used to produce election material or for any other political purpose or interest.
A person’s re-election is considered to be a personal interest. Official Council material such as letterhead, publications, websites as well as Council services and forums must not be used for such personal interest. Situations in which the appearance may be given that these are being used for such purposes are also to be avoided.
The fundraising activities of political parties, including political fundraising events, are considered to be personal interests. Council will not payWWW.GEORGESRIVER.NSW.GOV.AU expenses or provide facilities to Councillors in relation to supporting and/or attendingPAPER. such activities and events. WEBSITE:
BUSINESS Gifts and Benefits RIVER
COUNCIL GEORGES On occasion, it is appropriate for CouncillorsRIVER to give a gift or benefit (for example, on a Council business related trip when receivingTHE visitors). These gifts and benefits VISIT should be of token value, ie. valuedGEORGES under $50. Clause 8.1 of the Division of Local Government Model Code ofTHE Conduct PLEASE (June 2008) outlines gifts and benefits of token value to include: OF COPY DOCUMENT Free or subsidised meals, beverages or refreshments provided in conjunction PRINTED A OFFICIAL with: IS THE i) THISthe discussion of official business ii) FORcouncil work related events such as training, education sessions, workshops iii) conferences iv) council functions or events v) social functions organised by groups such as council committees and community organisations
Invitations to and attendance at local social, cultural or sporting events.
Gifts of single bottles of reasonably priced alcohol to individual council officials at end of year functions, public occasions or in recognition of work done (such as providing a lecture/training session/address).
Ties, scarves, coasters, tie pins, diaries chocolates or flowers. Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 91 Participation, equity and access
The expenses policy provisions shall be non-discriminatory (taking into account individual differences) and used in an equitable manner to enable the full participation by Councillors from different walks of life.
The provisions of this policy shall be at an appropriate level to encourage members of the community, particularly under-represented groups such as those in primary caregiver roles, to seek election to Council by ensuring that they would not be financially or otherwise disadvantaged in undertaking the civic duties of a Councillor.
This policy shall also take account of, and make reasonable provision for, the special needs of Councillors to allow access to the appropriate parts of Council premises and facilities, and maximise participation in the civic duties and business of Council.
Approval Arrangements
When approving trips or attendances at conferences by Councillors no one (1) person should be the sole decision maker.
The following approval arrangements should occur prior to attending conferences or taking trips: WWW.GEORGESRIVER.NSW.GOV.AU PAPER.
WEBSITE:
Approval for trips and attendance at conferencesBUSINESS etc. must be approved by Council resolution at an open Council RIVERMeeting.
COUNCIL GEORGES Spouse and Partner ExpensesRIVER (refer Section 2.10 of this policy). Council will THE meet the reasonable costs referred to in Section 2.10 of spouses, partners and VISIT accompanying persons GEORGESwhen they accompany the Mayor or Councillors under the circumstances listedTHE PLEASE in Section 2.10. OF
COPY Dispute Resolution DOCUMENT
PRINTED A OFFICIAL Where possible,IS approval for expenses under this policy is to be sought and gained THE prior to expensesTHIS being incurred. In the event that a Councillor disputes the non- FOR payment, or under payment, of an expense claim or the provision of facilities, the Councillor must submit in writing the details of their expense claim or request for facilities, to the General Manager.
The claim or request will be investigated, and the Councillor will be informed of the decision in writing.
Should the Councillor not accept the decision, the matter will be referred to a full Council Meeting for determination. Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 92
Reimbursement and Reconciliation of Expenses
This policy only authorises payment of reimbursement of actual costs and expenses incurred by Councillors in carrying out their civic duties. All claims for reimbursement of expenses incurred must be made on the approved claim form, supported by appropriate receipts and or tax invoices and be submitted to the General Manager no later than three (3) months after the expenses were incurred.
Payment in advance
Councillors may request payment in advance in anticipation of expenses to be incurred in attending conferences, seminars and training away from home. Councillors may also request an advance payment for the cost of any other service or facility covered by this policy. However, Councillors must fully reconcile all expenses against the cost of the advance within one (1) month of incurring the cost and/or returning home. The Councillor must submit the details to the General Manager for verification and pay back to Council any unspent money.
The maximum value of a cash advance is five hundred dollars ($500).
No allowance type payment will be paid in any circumstances.WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. SPECIFIC EXPENSES FOR COUNCILLORSWEBSITE: AND THE BUSINESS MAYOR RIVER COUNCIL GEORGES RIVER 2.1 Attendance at Seminars andTHE Conferences
VISIT Council shall meet expenses incurredGEORGES by Councillors attending conferences, seminars THE PLEASE and training courses withinOF Australia that have been authorised by Council resolution at an open Council Meeting. COPY DOCUMENT
Who may attend? PRINTED A OFFICIAL IS THE THIS Councillors mayFOR be authorised to attend conferences, seminars, workshops or other functions specific to their civic duties where prior approval has been sought.
In addition, the Mayor may nominate a substitute Councillor in his/her absence to attend functions within the Council area or Sydney metropolitan area on those occasions where the Mayor is unable to be in attendance. On such occasions and where the substitute is accompanied by his/her spouse or partner, the cost of the spouses / partner’s attendance ticket or meal will be met by Council. Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 93 What conferences may be attended?
The conferences to which this policy applies shall generally be confined to: Local Government Association (LGA) and Australian Local Government Association (ALGA) conferences. Special “one-off” conferences called or sponsored by the LGA and/or ALGA on important issues. Annual conferences of all the major professions in Local Government. Australian Sister City conferences. Regional Organisation of Council conferences. Conferences, which provide further training and development of Councillors, or which relate to our impact upon the Council’s functions. Any meetings or conferences of organisations or bodies on which a Councillor of the Council may be elected, or appointed to be, a delegate or member of a Committee or the L.G.A. or other professional or lobby group i.e. SSROC, MPLA etc.
Interstate
For all interstate trips, prior approval must be sought. This must be approved by resolution at an open Council Meeting (Refer 2.7 Interstate Travel Arrangements of this WWW.GEORGESRIVER.NSW.GOV.AU policy). PAPER.
WEBSITE:
The application for approval from individualBUSINESS Councillors for attendance at interstate conferences, seminars and training courses shallRIVER be in writing outlining the full details of the course, seminar, conference including:COUNCIL GEORGES RIVER itinerary costs THE
reasons for attendance VISIT the benefits for the CouncilGEORGES and/or the local community. THE PLEASE OF
After return from a conference,COPY the Councillor/s or an accompanying staff member shall provide a written reportDOCUMENT to the Council on the aspects of the conference relevant to Council business and/orPRINTED the community. A OFFICIAL IS THE THIS No written reportFOR is required for the Annual Conferences of the Local Government and Shires Associations.
Overseas
Council should avoid overseas trips and international visits to Friendship City countries unless direct and tangible benefits can be established for the Council and the local community.
For all overseas trips approval needs to be sought at an open Council Meeting prior to the trip being taken (refer 2.5 Overseas Travel of this policy).
A Councillor, prior to undertaking an overseas trip on Council related business shall submit an application to the General Manager and the Mayor, submitting in their application full details of the trip including the following information: -
Nominations of Councillors undertaking trip Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 94 Purpose of trip and expected benefits Duration Itinerary Costs and approximate total costs for each trip Reasons for travel
Council shall make all necessary arrangements for the attendance of Councillors at the conference, seminar or training course.
Where the Councillor is being accompanied by another person Council shall also make all of the necessary arrangements for that person, when requested. Council shall meet only those costs relating to the attendance of that person as set out in 2.10 Spouses and Partner Expenses of this policy.
Council shall meet the following Costs for Attendance at Approved Conferences, Seminars and Training Courses: -
i. Registration fees
Council shall meet the cost of the registration fee set by the organiser, including costs of related official lunches and dinners, and associated tours relevant to Council business. WWW.GEORGESRIVER.NSW.GOV.AU PAPER.
WEBSITE:
ii. Accommodation BUSINESS RIVER
Councillors shall be accommodated in theCOUNCIL hotel where the conference, seminar, or GEORGES training course is being held or the nearestRIVER hotel to it that is of a similar standard, or as THE authorised by the host organiser where the conference is not located within the Sydney VISIT metropolitan area. GEORGES
THE PLEASE Accommodation shall be providedOF at a double room rate only including the night before COPY the official opening of theDOCUMENT conference and the night after where necessary to be met by the Council. PRINTED A OFFICIAL IS THE AccommodationTHIS will be booked and paid for by Council in advance or, where this is FOR not possible, a claim for reimbursement shall be made no later than three (3) months after the expenses were incurred with the appropriate receipts / invoices attached.
iii. Meals
Council shall meet the cost of breakfast, lunch and dinner for Councillors where any of the meals are not provided as part of the conference, seminar, training course or similar function upon receipt of a claim form with appropriate receipts or invoices. Council shall also meet the cost of drinks accompanying the meals. Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 95
iv. Transportation
Councillors attending a conference, seminar or training course shall travel by the most direct route and the most practical and economical mode of transport, subject to any personal medical considerations.
Travel by air will be by Economy Class.
Travel by train will be by First Class, including sleeping berths where necessary.
Travel by Taxi Cab / Private Vehicle, Council Vehicle or public transport can be used in relation to the above approved Conferences / Seminars for travel between: place of residence and airport, airport and approved accommodation approved accommodation and site of conference or official visit and where as a result of attending a conference, seminar or training course a Councillor visits another Council in the course of discharging the functions of civic office or to further the knowledge of local government, and the Councillor is travelling in a non Council-owned vehicle, Council shall meet the cost of transfer of the Councillor from the hotel to the Council premises visitedWWW.GEORGESRIVER.NSW.GOV.AU and return, such costs not to PAPER. exceed the cost of taxi fares. WEBSITE:
BUSINESS If travelling by Council vehicle, a fuel card willRIVER be provided to approved Conferences /
Seminars, the actual fuel costs incurred COUNCILwill be reimbursed (subject to the cost not GEORGES exceeding the cost of an economy classRIVER airfare, if travel by vehicle is preferred). THE
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Travel by private vehicle or hireGEORGES vehicle (where Council vehicles are unavailable) shall be reimbursed in accordanceTHE with PLEASE clause 14 of the Local Government State Award (subject to the cost not exceedingOF the economy class air fare as applicable). COPY DOCUMENT
v. IncidentalPRINTED Expenses A OFFICIAL IS THE THIS Council shall reimburseFOR reasonable out of pocket or incidental expenses associated with attending conferences, seminars or training courses, such as: telephone or facsimile calls, internet charges, laundry and dry cleaning, newspapers, and parking fees upon the presentation of official receipts and / or the completion of the necessary claim forms.
Each Councillor is entitled to a maximum amount of one hundred dollars ($100) per day for these types of expenses.
All advanced payments are required to be reconciled within one (1) month of actual expense or within one (1) month of returning home. Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 96
Attendance at dinners and other non-council functions
Council shall meet the cost of Councillors’ attendance at dinners and other non-council functions, which provide briefings to Councillors from key members of the community, politicians and business where the function is relevant to Council’s interest.
Council shall meet the cost of any component of the ticket to the function that is a donation to a registered charity but shall not meet the cost of any component of the ticket that is a donation to a political party, candidates’ electoral fund or other private benefit.
Each Councillor is entitled to a maximum of two hundred dollars ($200) per year of term for these types of expenses.
2.2 Training and Educational Expenses
Any training and educational courses undertaken by Councillors shall be directly related to the Councillor’s civic functions and responsibilities.
This training shall support and encourage an active learning process and skills development for Councillors to ensure they carry out their Council functions as effectively as possible. Training and professional skillsWWW.GEORGESRIVER.NSW.GOV.AU development of Councillors is encouraged in accordance with the NSW GovernmentPAPER. policy and the Division’s Councillor Induction and Professional DevelopmentWEBSITE: Guide. BUSINESS RIVER
Councillors will be provided with computerCOUNCIL software training where necessary to undertake Councillor duties. Course feesGEORGES and software will be met by Council. RIVER THE
VISIT 2.3 Local Travel ArrangementsGEORGES and Expenses
THE PLEASE All travel by councillors shouldOF be undertaken by utilising the most direct route COPY and the most practicable DOCUMENTand economical mode of transport (e.g. Council Vehicle, Private Vehicle, Hire Vehicle and Cab-Charge) subject to any personal medical PRINTED A OFFICIAL considerations. IS THE THIS Local travellingFOR expenses shall only be paid for travel on official business of the Council. The following are examples of official business of Council where transportation and travelling costs will be reimbursed:-
a) Attendance by Councillors at meetings of community groups whose activities encompass all or part of Georges River Council’s Local Government Area and where the venue of such meeting may be either inside or outside Georges River Council’s Local Government Area.
b) Attendance at social functions or meetings as a representative of the Mayor or Council, when requested to do so by the Mayor.
c) Attendance at social functions or meetings where the invitation or opportunity to attend the functions or meetings would not, in the normal course of events, have been extended to Councillor/Councillors concerned had it not been for their position as a Councillor within the Council. Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 97
d) Inspection of works or properties within Georges River Council’s Local Government Area as a result of a request from a resident.
e) Travel as a result of the Councillors attendance at a Council, Committee, Working Party meeting or where 3 or more Councillors are meeting on Council business.
f) Attendance at conferences, seminars, training sessions, courses and meetings.
Cab charge can be used in relation to the above events/activities for travel between: place of residence and airport, airport and approved accommodation approved accommodation and site of conference or official visit and prior approved locations within and outside Georges River Council’s Local Government Area for occasions when on Council business as authorised by Council or when performing the role of Councillor in accordance with Council’s Code of Conduct.
The ceiling for expenditure on cab charge facilities is three thousand six hundred dollars ($3,600) per year. WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. Private vehicle usage on official Council business will be reimbursed according to clause 14 of the Local Government Award (subjectWEBSITE: to being less than cab charge or BUSINESS an economy airfare). RIVER
COUNCIL GEORGES Councillors when travelling by vehicleRIVER (where Council vehicle is not available) may THE claim the per kilometre allowance prescribed under Clause 14 of the Local Government VISIT
Award or may use cab charge. GEORGES The claim is to be submitted within three (3) months after the costs were incurred.THE PLEASE OF
COPY Council shall meet the reasonableDOCUMENT cost of parking fees and road tolls. However, Council shall not meet the costs of traffic or parking fines. PRINTED A OFFICIAL IS THE THIS FOR Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 98
2.4 Travel Outside the LGA including Interstate Travel
For any proposed travel by a Councillor on Council related business for interstate travel the approval of the Council in non-confidential session of a Council meeting is required. Approval shall be granted subject to any conditions the Council so determines. Council shall meet only those expenses that the Council so determines.
Interstate
For any proposed interstate travel by a Councillor on Council related business a Councillor shall submit an application to the General Manager and the Mayor including in their application full details of the trip including the following information: -
Itinerary Costs and approximate total costs Purpose and reasons for travel
The proposal shall be considered and approved by resolution at an open Council Meeting. Refer 2.4 Attendance at Seminars and Conferences in this policy for WWW.GEORGESRIVER.NSW.GOV.AU approved costs. PAPER.
WEBSITE:
All claims for payment are to be submitted withinBUSINESS three (3) months after the costs were incurred. The claim shall include the amount RIVERclaimed and the appropriate receipts / invoices. COUNCIL GEORGES RIVER THE
Note: All approved interstate airfaresVISIT shall be economy class standard or business class if medical reasons prevail. GEORGES THE PLEASE OF
2.5 Overseas TravelCOPY / Friendship City Relationships DOCUMENT
Council should onlyPRINTED take overseas trips and international visits to Friendship City A OFFICIAL countries where ISdirect and tangible benefits can be established for the Council and the THE THIS local community.FOR
All costs associated with overseas travel by Councillors to Friendship City destinations are to be met by the Councillor(s) undertaking the travel.
For any proposed travel by a Councillor on Council related business for overseas/friendship city travel the approval of the Council in a meeting of the full Council (non-confidential session) is required prior to a Councillor undertaking the trip. A Mayoral Minute cannot be used to obtain Council approval for travel.
A Councillor prior to undertaking an overseas trip on Council related business shall submit an application to the General Manager and the Mayor, submitting in their application full details of the trip including the following information: -
Nominations of Councillors undertaking the trip Purpose of the trip and expected benefits Duration Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 99 Itinerary Costs and approximate total costs for each trip Reasons for travel
Approval shall be granted on an individual trip basis at an open Council Meeting.
After returning from overseas, Councillors, or an accompanying member of Council staff should provide a detailed written report to a full Meeting of Council on the aspects of the trip relevant to Council business and/or the local community.
Details of overseas travel must also be included in Council’s Annual Report.
2.6 Legal Expenses and Obligations
Council shall only meet the reasonable legal expenses of a Councillor for legal proceedings being taken against a Councillor defending an action arising from the performance in good faith of a function under the Local Government Act (refer to section 731) or defending an action in defamation, provided that the outcome of the legal proceedings is favourable to the Councillor.
Reasonable legal costs may also be available for an inquiry, investigation or hearing into a WWW.GEORGESRIVER.NSW.GOV.AU
Councillor’s conduct by an appropriate investigativePAPER. or review body including:
WEBSITE:
(i) Local Government Pecuniary BUSINESSInterest and Disciplinary Tribunal (ii) Independent Commission AgainstRIVER Corruption (iii) Office of the NSW OmbudsmanCOUNCIL GEORGES RIVER (iv) Division of Local Government,THE Department of Premier and
Cabinet VISIT (v) NSW Police ForceGEORGES (vi) Director of PublicTHE PLEASE Prosecutions OF (vii) Council’s Conduct Review Committee COPY DOCUMENT
This is provided thatPRINTED the subject of the inquiry, investigation or hearing arises from the A OFFICIAL performance in goodIS faith of a Councillor’s function under the Act and the matter before THE THIS the investigativeFOR or review body has proceeded past any initial assessment phase to a formal investigation or review. In the case of a conduct complaint made against a Councillor, legal costs shall only be made available where the matter has been referred by the General Manager to a conduct reviewer/conduct review committee to make formal enquiries into that matter in accordance with the procedures in the Model Code of Conduct. In the case of a pecuniary interest behaviour matter, legal costs should only be made available where a formal investigation has been commenced by the Division of Local Government.
In addition, legal costs will only be provided where the investigative or review body makes a finding that is not substantially unfavourable to the Councillor. This may include circumstance in which a matter does not proceed to a finding. In relation to a Councillor’s conduct, a finding by an investigative or review body that an inadvertent minor technical breach had occurred may not necessarily be considered a substantially unfavourable outcome. Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 100 Council shall not meet the legal costs of legal proceedings initiated by a Councillor under any circumstance other than where a Councillor seeks orders under the Crimes (Domestic and Personal Violence) Act 2007 arising from the performance in good faith of a Councillor’s function under the Local Government Act.
Council shall not meet the legal costs of a Councillor seeking advice in respect of possible defamation, or in seeking a non-litigious remedy for possible defamation.
Legal costs shall not be met for legal proceedings that do not involve a councillor performing their role as a Councillor.
Council may lawfully obtain insurance cover against the risk of having to meet the reasonable legal costs of a Councillor, or to reimburse those costs, provided that the costs or reimbursements are ones that Council is authorised to meet.
Where possible, it is important that approval is gained prior to legal expenses being incurred.
Note: The General Manager is delegated to obtain legal advice relating to a pecuniary interest, conflict of interest or matter governed by the Code of Conduct which in the opinion of the General Manager is necessary to clarify the particular Councillor’s responsibilities in the performance of his / her functionsWWW.GEORGESRIVER.NSW.GOV.AU of civic office. PAPER.
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COUNCIL GEORGES Council shall meet the reasonable expensesRIVER of a Councillor in proceedings intended to THE prevent physical or mental harm to the Councillor arising from the conduct of a third VISIT party against the Councillor inGEORGES relation to the Councillor performing their function under the Local GovernmentTHE Act PLEASE (refer to Section 731) in good faith. Such expenses may extend to the cost of providingOF services and equipment to protect the security of COPY Councillors. DOCUMENT
PRINTED A OFFICIAL Where possible ISit is important that approval is gained prior to expenses being incurred. THE THIS FOR Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 101
2.8 Insurance Expenses and Obligations
Section 382 of the Local Government Act 1993 requires Council to make arrangements for adequate insurance against public liability and professional liability.
Council shall meet the cost of providing the following insurance cover for Councillors on a 24 hour basis while on Council business or as Council’s representative:
Public Liability insurance - for matters arising out of Councillors’ performance of their civic duties and/or exercise of their Council functions.
Councillors and Officers Liability insurance
Professional Indemnity insurance - for matters arising out of Councillors’ performance of their civic duties and/or exercise of their Council functions.
Personal Accident insurance - for matters relating to Personal Injury while
on Council business.WWW.GEORGESRIVER.NSW.GOV.AU
PAPER.
Travel insurance - for approved interstateWEBSITE: and overseas travel while on BUSINESS Council businessRIVER when requested.
COUNCIL 2.9 Telecommunications / InternetGEORGES RIVER THE
VISIT Telephone/Facsimile/InternetGEORGES Costs and Expenses THE PLEASE Council will pay for the installationOF of a telephone line (ADSL equipped) or cable COPY connection for Council useDOCUMENT only in association with the provision by Council of a Computer (either Laptop or Desktop). PRINTED A OFFICIAL IS THE Council will payTHIS for the installation of an additional telephone line, where necessary, for Council useFOR only in association with the provision by Council of a fax / answering machine.
Council shall meet the cost of rental, associated charges and maintenance for one (1) phone line for fax / answering machine and/or internet connection. The cost of calls incurred in transmitting facsimiles and internet services up to a maximum cost of two thousand and four hundred dollars ($2400) per year.
Council shall provide a fax machine to the value of one thousand dollars ($1000) to assist Councillors in undertaking Councillor duties. Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 102
Mobile Telephone Costs and Expenses
Council shall meet the cost of a mobile telephone either:
A Council provided mobile telephone to the value of one thousand four hundred dollars ($1400) plus car kit installed in a nominated vehicle. Council shall pay rental and the costs of Council related business metered calls and services to the maximum of limit of three thousand six hundred dollars ($3600) per year. The three thousand six hundred dollars ($3600) limit per year for calls and services can also include data costs in respect of mobile telephones.
If the Councillor provides their own mobile telephone and mobile related access service, Council shall reimburse the cost of rental plus the cost of those calls and services certified by the Councillor as being Council related business to a limit of three thousand six hundred dollars ($3600).
Note: Councillors may be provided with up to one (1) replacement mobile telephone per year.
2.10 Care and Other Related Expenses
WWW.GEORGESRIVER.NSW.GOV.AU Care of relatives / Childcare PAPER. WEBSITE:
BUSINESS In this clause, relative shall have the same meaningRIVER as set out in the Dictionary in the Act;
COUNCIL Relative, in relation to a person, means anyGEORGES of the following: RIVER THE (a) the parent, grandparent,VISIT brother, sister, uncle, aunt, nephew, niece, GEORGES
linealTHE descendant PLEASE or adopted child of the person or of the person’s spouse;OF (b) theCOPY spouse or de facto partner of the person or of a person referred DOCUMENT to in paragraph (a). PRINTED A OFFICIAL IS Where a CouncillorTHE has responsibilities for the care and support of any relative, the THIS Council shallFOR reimburse the actual cost incurred by the Councillor to engage professional care for the relative whenever considered necessary by the Councillor in order for the Councillor to discharge the functions of civic office.
The total amount paid to a Councillor under this provision shall not exceed three thousand dollars ($3,000) per year.
Receipts are to be submitted no later than three (3) months after the expense has been incurred for reimbursement of funds. Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 103 Special requirements of Councillors
Council shall meet reasonable expenses associated with any special requirements of a Councillor, such as disability and access needs, in order to discharge the functions of civic office.
The total amount paid to a Councillor under this provision shall not exceed $3,000 per year.
Receipts are to be submitted no later than three (3) months after the expense has been incurred for reimbursement of funds.
2.11 Spouse and Partner Expenses
Payment of expenses for spouses, partners and accompanying persons
Definition of an Accompanying Person within this policy: - An accompanying person is a person who has a close personal relationship with the Councillor and/or provides carer support to the Councillor.
Council will meet limited expenses of spouses, partners or accompanying persons when they accompany the Mayor or Councillors in the followingWWW.GEORGESRIVER.NSW.GOV.AU circumstances: PAPER. i. Attendance at the Local Government and ShiresWEBSITE: Associations’ Annual BUSINESS Conferences. These expenses are limitedRIVER to the cost of registration and the official
conference dinner. Expenses suchCOUNCIL as travel expenses, any additional accommodation expenses and the GEORGEScost of any accompanying persons program shall RIVER not be met by Council. THE VISIT
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ii. Attendance at officialTHE Council PLEASE functions that are of a formal and ceremonial nature, are consideredOF appropriate when accompanying Councillors within the COPY Local GovernmentDOCUMENT area. Such functions could include but not be limited to, Australia Day award ceremonies, Citizenship ceremonies, Civic receptions and PRINTED A OFFICIAL CharitableIS functions for charities formally supported by the Council. THE THIS iii. AttendingFOR an official function of Council or carrying out an official ceremonial duty while accompanying the Mayor outside the Council’s area, but within NSW. Examples could include charitable functions or award ceremonies and or other functions to which the Mayor has been invited to attend on behalf of Council.
iv. Attendance at other appropriate functions. The payment of expenses for spouses, partners or accompanying persons should be confined specifically to the ticket, meal and/or the direct cost of attending the function. Each Councillor is entitled to a maximum of $200 per year of term for these types of expenses.
v. Council shall meet in limited instances certain costs incurred by the Councillor on behalf of their spouse, partner or accompanying person that are properly related to the role of Councillor in the performance of his or her functions. Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 104 Council will not meet costs / expenses incurred by spouses, partners or accompanying persons in the following circumstances:
i. any event or function outside the council area, including interstate and overseas (excludes approved functions listed above).
ii. in all circumstances, peripheral expenses incurred by spouses, partners or accompanying persons such as grooming, special clothing and transport are not considered reimbursable expenses.
ADDITIONAL MAYORAL EXPENSES 2.12 Additional Allowances and Expenses for the Mayor
This policy is intended to cover most situations where the Mayor reasonably incurs additional expenses in discharging the functions of Mayoral office. The annual fee paid to the Mayor is not intended to offset those costs.
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PRINTED A OFFICIAL IS THE THIS FOR Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 105 PART 3 - PROVISION OF FACILITIES GENERAL PROVISIONS Provision of facilities, equipment and services
3.1 Provision of Facilities Generally
All facilities provided shall be of adequate capacity and functionality to support Councillors in undertaking their role as elected members of Council.
Unless otherwise stated, where a facility shall be provided by the Council in accordance with this policy and a Councillor chooses to accept the facility, it shall be provided by the Council with all establishment and routine maintenance costs being met by the Council, subject to any limits specified. Any provision outside of this policy requires Council’s approval at an open Council meeting.
3.2 Private Use of Equipment and Facilities
Councillors shall not generally obtain private benefit from the provision of equipment and facilities. This includes receipt of a travel bonus or other benefit arising from a loyalty scheme. However, incidental personal use of Council equipmentWWW.GEORGESRIVER.NSW.GOV.AU and facilities may occur from time to time. Unless otherwise stated or determined,PAPER. no entitlement under this policy shall be treated as being a private benefit that requiresWEBSITE: a reduction in the Mayoral fee or
BUSINESS the Councillors fee. RIVER
COUNCIL However, it is acknowledged that incidentalGEORGES use of Council equipment and facilities RIVER may occur from time to time. Such incidentalTHE private use is not subject to a compensatory payment. VISIT GEORGES
THE PLEASE Where more substantial privateOF use has occurred the Councillor must reimburse
Council for the actual costCOPY to Council of the private use in question (refer DLG Guidelines 1.6.4 Private DOCUMENTbenefit).
PRINTED A OFFICIAL IS Equipment, facilitiesTHE and services provided under this policy shall not be used to THIS produce electionFOR material or for any other political purposes.
PROVISION OF FACILITIES, EQUIPMENT AND SERVICES FOR COUNCILLORS 3.3 General Shared Facilities for Councillors
Councillors shall be provided with the use of the following shared facilities and equipment whilst undertaking their duties as elected members for Council: -
a) Furnished Councillor Room - Councillors shall be provided with a fully furnished Councillor room with the following inclusions: bar fridge, tea and coffee, lounge, dining table and chairs, television, DVD/video recorder, pigeonhole for mail, telephone, facsimile machine and access to a photocopier Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 106 for the purpose of Council, Committee and Working Party Meetings, and for meetings with constituents.
b) Meals and Refreshments - Councillors shall be provided with a suitable meal including refreshments associated with Council, Committee and Working Party Meetings. The standard of the meal provided shall be determined by the Mayor in consultation with the General Manager.
c) Parking facilities / Car spaces - Council shall provide a minimum of three (3) car parking spaces for Councillors comprising of one (1) permanent allocated car parking space for the Mayor and two (2) permanent allocated car parking spaces (No.’s 12 & 13) for Councillors in the street level (Wicks Lane) car park of Council’s Civic Centre Building. In the event that the allocated car parking spaces are utilised by Councillors, alternate parking spaces will be made available at such times. On Committee / Working Party Meeting nights, Public Meetings and Council Meeting nights a further (9) car parking spaces shall be allocated in the Civic Centre car park(s).
d) Secretarial Support - Council shall provide secretarial support, as necessary, for Councillors generally and extended support to Committee/Working Party Chairpersons and Delegates on external Committees.WWW.GEORGESRIVER.NSW.GOV.AU PAPER.
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BUSINESS e) Clerical / Typing - If Council staff cannotRIVER provide typing assistance for Council matters to Councillors outside resources may be used with prior COUNCIL approval from the General Manager.GEORGES Detailed receipts will be needed RIVER specifying hours worked, hourlyTHE rate, quantity of work produced and name of project undertaken for reimbursementVISIT of funds. GEORGES
THE PLEASE f) Preparation of MediaOF Material except election campaign - Professional COPY advice and assistanceDOCUMENT from officers in preparing media material (other than election campaign material) relative to the Councillor’s role will be provided PRINTED A OFFICIAL subject, inIS each case, to the approval of the General Manager. THE THIS FOR g) Relevant Acts, Building Codes, Policy Register - A current copy of the relevant Acts, Building Codes and a copy of the Policy Register to be placed in the Councillor’s room.
h) Access to Information - Councillors can obtain copies of Council information, free of charge, if the information is required to enable a Councillor to undertake their role as defined under s232 of the Local Government Act 1993 and in accordance with Privacy and Personal Information Protection Act 1998.
The above listed facilities, services and equipment shall remain the property of Georges River Council. Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 107
3.4 Facilities, Equipment and Services Required to be Returned
Upon election to office Councillors shall be provided with certain equipment and other items that shall be returned when the Councillor ceases to hold office.
Facilities, Equipment and Services provided under this clause remain the property of Georges River Council and shall be returned or may be purchased at fair market value upon cessation of Councillor duties or following replacement of the equipment in accordance with this policy. The following equipment and facilities shall be provided under this clause: -
a) Laptop or Home Based Computer, Printer and Ancillary Equipment (for example scanner and electronic diary) - Purchase and maintenance of either a laptop or home based computer, printer, ancillary equipment (for example scanner and electronic diary) and software to the value of five thousand dollars ($5,000).
Such equipment may be replaced so as to ensure the currency of the technology. Equipment within this category may be replaced or updated following the conclusion of the Councillors second year of term to a value of five thousand dollars ($5,000). WWW.GEORGESRIVER.NSW.GOV.AU PAPER. b) Mobile Telephones with Car Kit - ProvisionWEBSITE: of a mobile phone to the value of BUSINESS one thousand four hundred dollars ($1,400)RIVER plus car kit installed in a nominated
vehicle. COUNCIL GEORGES RIVER Councillors may be provided withTHE up to one (1) replacement mobile telephone VISIT
per year. GEORGES
THE PLEASE c) Electronic Tablet OF(iPad or equivalent) - Provision of an Electronic Tablet COPY (iPad or equivalent)DOCUMENT to the value of two thousand dollars ($2,000) and the associated data costs to the value of $750 per annum. PRINTED A OFFICIAL IS THE ElectronicTHIS Tablet (iPad or equivalent) may be replaced so as to ensure the currencyFOR of the technology. They may also be replaced or updated following the conclusion of the Councillors second year of term to a value of two thousand dollars ($2,000).
d) Facsimile Machine/Answering Machine - Council shall provide a fax machine / answering machine to the value of one thousand dollars ($1,000).
e) Security key - Councillors are to be provided with a security key for access to Council Chambers and the Councillor’s room.
f) Shredder - Councillors to be provided with a shredder to the value of two hundred and fifty dollars ($250) if requested.
Equipment, which is stolen or lost, will be the responsibility of the Councillor to replace or pay the excess where an item is covered by insurance. Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 108 3.5 Facilities, Equipment and Services Not Required to be Returned
Upon election to office and throughout the term of office Councillors shall be provided with items of a consumable nature or which otherwise are not required to be returned when the Councillor ceases to hold office. The following items shall be provided under this clause:
a) Stationery – Personalised Councillor letterhead and envelopes maximum two thousand (2,000) sheets and envelopes per year. Maximum of four thousand (4,000) sheets of plain white paper per year.
b) Postage - Official Councillor correspondence [up to two thousand (2,000) letters per year] – to be directed through the Council’s own mail system. If not available allow two thousand (2,000) standard stamps per year.
c) Toner - An allowance of up to two thousand and four hundred dollars ($2,400) per year is available for consumables, including toner for printer/photocopier/facsimiles.
d) Brief Case – Councillors to be provided with a briefcase if requested to the maximum value of two hundred dollars ($200). WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. e) Business cards - Maximum five hundred (500) Business cards per year. WEBSITE:
BUSINESS f) Name badges - Councillors to be providedRIVER with name badge and name plaques
for Council Chambers and DirectoryCOUNCIL Board. GEORGES RIVER THE g) Recognition of Service – Certificate of service and gift presented at the VISIT discretion of the MayorGEORGES and the General Manager upon ceasing to hold civic office. THE PLEASE OF
COPY Equipment, which is stolenDOCUMENT or lost, will be the responsibility of the Councillor to replace or pay the excess where an item is covered by insurance. PRINTED A OFFICIAL IS THE THIS PROVISIONFOR OF ADDITIONAL EQUIPMENT, FACILITIES AND SERVICES FOR THE MAYOR
3.6 Provision of Additional Facilities, Equipment and Services for the Mayor
The Mayor shall be provided with additional facilities to recognise the special role, responsibilities and duties of the position both in the Council and in the community. Facilities, equipment and services provided under this clause remain the property of the Council.
The following additional equipment, facilities and services shall be provided for the Mayor: - Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 109 a) Mayoral Office - Mayoral Office to be provided including office furniture, desk, chair, filing cabinets, meeting table and chairs, a bar fridge, computer, printer and peripherals.
b) Mayoral Chain of Office - A Mayoral Chain of office for official, civic and ceremonial use.
c) Ceremonial Clothing - Mayoral robes for official, civic and ceremonial use.
d) Mayoral Council Vehicle - Prestige class or similar at the discretion of the Mayor of the day, fully maintained and complete with car kit for a mobile telephone / PDA and for use by the Mayor at all times. A fuel card shall be supplied.
e) Car parking - An allocated car parking space shall be provided at the Council‘s Civic Centre building.
f) Dedicated staff support, including secretarial services - Suitably qualified and experienced person to provide administrative support, word processing, secretarial support, research and briefings. Additional administrative support when required for assistance with organisation of functions and meetings and briefings on functions to which the Mayor is invitedWWW.GEORGESRIVER.NSW.GOV.AU to attend. PAPER.
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g) Office Refreshments - as provided inBUSINESS the Mayoral Office for entertainment purposes. RIVER
COUNCIL GEORGES RIVER h) Stationery -Maximum three thousandTHE five hundred (3,500) sheets of Mayoral letterhead and envelopes. VISIT GEORGES
THE PLEASE i) Mobile TelephoneOF / PDA -Payment of an additional two hundred dollars ($200) per monthCOPY for calls made on Council business. DOCUMENT
PRINTED j) ChristmasA CardsOFFICIAL – five hundred (500) Christmas cards per year. IS THE THIS k) PostageFOR - Official Mayoral correspondence [up to three thousand five hundred (3500) letters per year] – to be directed through the Council’s own mail system. If not available allow four thousand (4000) standard stamps per year.
l) Business Cards - An additional two hundred and fifty (250) Business cards each year.
Equipment, which is stolen or lost, will be the responsibility of the Councillor to replace or pay the excess where an item is covered by insurance. Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 110 3.7 Mayoral Equipment, Facilities and Services Not Required to be Returned
Upon election to the office and throughout the term of office the Mayor shall be provided with items of a consumable nature or which otherwise are not required to be returned when the Mayor ceases to hold office. The following items do not need to be returned: -:
a) Name badge - Mayor to be provided with name badge and name plaques for Council Chambers and Directory Board.
b) Stationery - Mayoral letterhead, envelopes and stationery generally.
c) Christmas Cards.
d) Business Cards.
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PRINTED A OFFICIAL IS THE THIS FOR Annexure 1 - Policy for Payment of Expenses & the Provision of Facilities to the Mayor & Councillors - May 2016 Page 111 Part 4 OTHER MATTERS 4.1 Acquisition and Returning of Facilities and Equipment by Councillors
Upon ceasing to hold office Councillors must either return all equipment to Council or Councillors may be given the right of purchase of equipment at the agreed current fair market price or written down value set by the General Manager. 4.2 Status of the Policy
This policy was prepared having regard to Division of Local Government Circular No. 09-36 dated 7 October 2009 “Guidelines for the Payment of Expenses and the Provision of Facilities to Mayors and Councillors.”
This policy will be effective once adopted by Council on 19 May 2016.
This policy is available on Georges River Council’s website or a copy can be obtained on request from Georges River Council’s Customer Service Centre.
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