AGENCY INFORMATION GUIDE Responsible Area: Operations Approved by: S McDonald, General Manager Upper Hunter Shire Council Agency Information Guide DOCUMENT REVISION REVISION DATE Developed 22 October 2012 1 25 November 2013 2 27 October 2014 3 26 October 2015 4 26 October 2016 5 30 October 2017 6 30 April 2018 PAGE 1 Upper Hunter Shire Council Agency Information Guide PREFACE This Information Guide has been produced by Upper Hunter Shire Council in accordance with Section 20 of the Government Information (Public Access) Act 2009 and is reviewed annually. The purpose of this document is to provide members of the community, Council Staff, and the public with information concerning: the structure and functions of Upper Hunter Shire Council; the way in which the functions of Upper Hunter Shire Council affect members of the public; the avenues available to the public to participate in policy development and the exercise of Upper Hunter Shire Council’s functions; the type of information available from Upper Hunter Shire Council and how this information is made available. The Information Guide is available on Council’s website (www.upperhunter.nsw.gov.au). Steve McDonald General Manager PAGE 2 Upper Hunter Shire Council Agency Information Guide CONTENTS Agency Information Guide ...................................................................................................... 1 1. STRUCTURE AND FUNCTIONS OF COUNCIL ......................................................... 4 1.1 Description ............................................................................................................ 4 1.2 Basis of Constitution ............................................................................................. 4 1.3 Organisational Structure and Resources .............................................................. 4 1.4 Function of Upper Hunter Shire Council ............................................................... 6 2. HOW COUNCIL FUNCTIONS AFFECT MEMBERS OF THE PUBLIC ....................... 7 3. HOW THE PUBLIC CAN PARTICIPATE IN COUNCIL’S DEVELOPMENT AND EXERCISING OF FUNCTIONS .......................................................................................... 3 3.1 Representation ...................................................................................................... 3 3.1.1 Making Representation to Councillors ............................................................... 3 3.2 Personal Participation ........................................................................................... 3 3.2.1 Council Meetings and Committees .................................................................... 3 3.2.2 Public Submissions and Consultation ............................................................... 4 4. ACCESS TO INFORMATION ...................................................................................... 5 4.1 Information held by Council .................................................................................. 5 4.2 Electronic Documents and Physical Files ............................................................. 5 4.3 Policy Documents ................................................................................................. 5 4.4 Mandatory Proactive Release ............................................................................... 5 4.5 Ways to Access Information ................................................................................. 7 4.6 Copyright ............................................................................................................... 8 5. HOW MEMBER OF THE PUBLIC MAY ACCESS AND AMEND COUNCIL DOCUMENTS CONCERNING THEIR PERSONAL AFFAIRS ........................................... 9 5.1 Public Officer – Right of Information Officer .......................................................... 9 PAGE 3 Upper Hunter Shire Council Agency Information Guide 1. STRUCTURE AND FUNCTIONS OF COUNCIL 1.1 Description Upper Hunter Shire Council was proclaimed on 26 May 2004 following the amalgamation of Merriwa, Murrurundi and Scone Shires. The Shire covers an area of 8,100 square kilometres and shares its boundary with Tamworth Regional Council, Gloucester Shire Council, Singleton Shire Council, Muswellbrook Shire Council, Mid-Western Regional Council, Warrumbungle Shire Council and Liverpool Plains Shire Council. Tamworth Regional LGA Liverpool Plains LGA Warrumbungle LGA Gloucester LGA Singleton LGA Mid-Western Regional LGA Muswellbrook LGA 1.2 Basis of Constitution Upper Hunter Shire Council is constituted under the Local Government Act 1993. 1.3 Organisational Structure and Resources The Shire is an undivided area with 9 Councillors who are elected by the residents and ratepayers of the area who are on the electoral roll. The Mayor is elected every two years by the Councillors from among their numbers. The roles of Councillors, as members of the body corporate are: to direct and control the affairs of the Council in accordance with the Local Government Act and other applicable legislation; to participate in the optimum allocation of Council’s resources for the benefit of the area; to play a key role in the creation and review of Council’s policies, objectives and criteria relating to the exercise of Council’s regulatory functions; to review the performance of the Council and its delivery of services, management plans and revenue policies of the Council; PAGE 4 Upper Hunter Shire Council Agency Information Guide The roles of a Councillor, as an elected person: to represent the interest of the residents and ratepayers; to provide leadership and guidance to the community; to facilitate communication between the community and the Council. The Mayor presides at meetings of the Council, carries out the civic and ceremonial functions of the office, exercises, in cases of necessity, the decision making functions of the body, between its meetings and performs any other functions that the Council determines. The Principal Officer of the Council is the General Manager. The General Manager is responsible for the efficient operation of the Council’s organisation and for ensuring the implementation of Council decisions. The General Manager is also responsible for the day to day management of the Council, the exercise of any functions delegated by the Council, the appointment, direction and where necessary, the dismissal of staff, as well as the implementation of Council’s Equal Employment Management Plan. To assist the General Manager in the exercise of these functions, there are three (3) Directorates of Council. These Directorates are Operations, Environmental & Community Services and Special Projects. Each of these Departments is headed by a Director. Upper Hunter Shire Council Organisational Structure COMMUNITY COUNCIL GENERAL MANAGER EXECUTIVE ASSISTANT ENVIRONMENTAL SPECIAL OPERATIONS & COMMUNITY PROJECTS SERVICES PAGE 5 Upper Hunter Shire Council Agency Information Guide GENERAL OPERATIONS ENVIRONMENTAL & SPECIAL MANAGER CUSTOMER SERVICES PROJECTS Internal Audit Finance Planning Major construction projects Risk Management Information Services Health & Building Communications Human Resources Regulatory Compliance Corporate Planning Water & Waste Animal Control Business Enterprise Strategic Assets Administration & & Tourism Customer Services Technical Support Community Services Works Delivery 1.4 Function of Upper Hunter Shire Council Under the Local Government Act, 1993, Council’s functions can be grouped into the following categories: SERVICE REGULATORY ANCILLARY REVENUE ADMIN ENFORCEMENT FUNCTIONS FUNCTION FUNCTIONS FUNCTIONS FUNCTIONS FUNCTIONS Including: Including: Including: Including: Including: Including: Provision of Approvals Resumption of Rates Employment Proceedings community health, land of staff for breaches creation, Orders Charges of the Local education & Powers of Managemen Government information Building entry and Fees t plans Act & services certificates inspection Regulations Borrowings Financial and other Environmental reporting Acts & protection Investments Regulations Annual Waste removal & reports Prosecution of disposal offences Land & property Recovery of industry & tourism rates and development & charges assistance Civil infrastructure planning, maintenance & construction PAGE 6 Upper Hunter Shire Council Agency Information Guide As well as the Local Government Act, Council has powers under a number of other Acts including: . Building Professionals Act 2005 . Plumbing and Drainage Act 2011 . Civil Liability Act 2002 . Privacy & Personal Information . Children and Young Persons (Care and Protection Act 1998 Protection) Act 1998 . Protection of the Environment . Community Land Development Act Operations Act 1997 1989 . Public Health Act 2010 . Companion Animals Act 1998 . Public Interest Disclosures Act 1994 . Contaminated Land Management Act . Recreation Vehicles Act 1983 1997 . Roads Act 1993 . Conveyancing Act 1919 . Road Transport Act 2013 . Crown Lands Act 1989 . Rural Fire Act 1997 . Crown Lands Management Act 2016 . Smoke Free Environment Act 2000 . Dividing Fences Act 1991 . State Emergency Rescue Management . Environmental Planning & Assessment Act 1989 Act 1979 . State Emergency Services Act 1989 . Firearms Act 1996 . State Records Act 1998 . Fire Brigades Act 1989 . Strata Scheme Development Act 2015 . Fluoridation of Public Water Supplies . Strata Schemes Management Act 1996 Act 1957 . Swimming Pools Act 1992 . Food Act 2003 . Threatened Species Conservation Act . Government Information