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Policy and Legislation Committee Agenda

 

 

 

27 November 2018

 

 

 

 

 


ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

city@busselton.wa.gov.au

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 27 November 2018

 

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Policy and Legislation Committee will be held in the Committee Room, Administration Building, Southern Drive, Busselton on Tuesday, 27 November 2018, commencing at 2.00pm.

 

The attendance of Committee Members is respectfully requested.

 

 

DISCLAIMER

Statements or decisions made at Council meetings or briefings should not be relied on (or acted upon) by an applicant or any other person or entity until subsequent written notification has been given by or received from the City of Busselton. Without derogating from the generality of the above, approval of planning applications and building permits and acceptance of tenders and quotations will only become effective once written notice to that effect has been given to relevant parties. The City of Busselton expressly disclaims any liability for any loss arising from any person or body relying on any statement or decision made during a Council meeting or briefing.

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

20 November 2018


CITY OF BUSSELTON

Agenda FOR THE Policy and Legislation Committee MEETING TO BE HELD ON 27 November 2018

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening and Announcement of Visitors. 4

2....... Attendance. 4

3....... Public Question Time. 4

4....... Disclosure Of Interests. 4

5....... Confirmation and receipt of Minutes. 4

5.1          Minutes of the Policy and Legislation Committee Meeting held 23 October 2018. 4

6....... Reports. 5

6.1          NAMING OF PLACES POLICY REVIEW... 5

6.2          REVISED COUNCIL POLICY: RANGER AND EMERGENCY SERVICES APPROACH TO REGULATORY FUNCTIONS. 16

6.3          NEW DELEGATIONS OF AUTHORITY AND AMENDMENTS TO EXISTING DELEGATIONS OF AUTHORITY. 25

6.4          AL FRESCO TRADING IN THE BUSSELTON CITY CENTRE - CONSIDERATION OF DRAFT POLICY FOLLOWING CONSULTATION (AS WELL AS INFORMATION ON OUTCOMES OF RELATED CONSULTATION) 42

6.5          RECISSION OF FLAG PROTOCOL POLICY. 58

6.6          REVIEW OF COUNCIL POLICY 234 - RISK MANAGEMENT. 68

6.7          REVIEW OF CORPORATE ATTIRE ENTITLEMENTS. 75

6.8          PROPOSED COMMITTEE MEETING DATES 2019. 86

7....... General Discussion Items. 89

8....... Next Meeting Date. 89

9....... Closure. 89

 


Policy and Legislation Committee                                  4                                                            27 November 2018

 

1.               Declaration of Opening and Announcement of Visitors

2.               Attendance 

Apologies

 

3.               Public Question Time  

4.               Disclosure Of Interests

5.               Confirmation and receipt of Minutes

5.1             Minutes of the Policy and Legislation Committee Meeting held 23 October 2018

Recommendation

That the Minutes of the Policy and Legislation Committee Meeting held 23 October 2018 be confirmed as a true and correct record.

   


Policy and Legislation Committee                                  6                                                            27 November 2018

6.               Reports

6.1             NAMING OF PLACES POLICY REVIEW

SUBJECT INDEX:

Policy Review

STRATEGIC OBJECTIVE:

Attractive parks and open spaces that create opportunities for people to come together, socialise and enjoy a range of activities.

BUSINESS UNIT:

Community Development

ACTIVITY UNIT:

Community Development

REPORTING OFFICER:

Community Development Coordinator - Vicki  James  

AUTHORISING OFFICER:

Director, Community and Commercial Services - Cliff Frewing

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Proposed Naming of City Roads and Assets Policy

Attachment b    Current Naming of Parks, Gardens, Memorials, Sports Grounds Council Policy 237

Attachment c    Current Street Names Policy 141  

  

PRÉCIS

 

The purpose of this report is to present a revised Naming of City Parks, Gardens, Reserves, Memorials, Sports Grounds and Buildings Policy, with the current policy (Attachment B) having been amended as part of the City’s overall review of its Council policies, having regard to the recommendations of the Governance System Review (GSR) carried out by Mr John Woodhouse in 2017.

 

The new policy includes some minor updates to the current policy, as well as the inclusion of aspects of the Street Names Policy (Attachment C). It is considered that the Street Names Policy can be rescinded upon adoption of the proposed new policy; to be renamed Naming of City Roads and Assets (Attachment A) (the Policy).

 

BACKGROUND

 

In 2007, a report was presented to Council to adopt a policy that established clearly defined guidelines and selection criteria for the naming of City owned and managed facilities.  The Council resolved (C0702/038) that Policy 237 “Naming of Parks, Gardens, Reserves, Memorials, Sports Grounds and Building” be adopted.

 

The adopted policy specifically dealt with any proposal for a facility or part thereof to be named after a person.  On the 25 July 2012 a recommendation was made to Council to review this policy to include reference to the consideration of geographical and purpose driven names.  The Council resolved (C1207/197) to adopt the updated policy.

 

On the 14 June 2017 a recommendation was made to Council to review the policy and specifically to delete a clause requiring a proposal be advertised for public comment for a 30 day period following its receipt. The Council resolved (C1706/126) to adopt the updated policy.

 

The Policy has now been amended with some minor updates as well as the inclusion of key aspects of the Street Names Policy, allowing that policy to be rescinded, and contributing to a more streamlined policy framework.

 


 

STATUTORY ENVIRONMENT

 

In accordance with Section 2.7(2)(b) of the Local Government Act 1995 it is the role of the Council to determine the local governments policies. The Council does this on recommendation of a Committee it has established in accordance with Section 5.8 of that Act.

 

RELEVANT PLANS AND POLICIES

 

In August 2017 the CEO commissioned a high level independent review of the City’s governance systems - the GSR.   Included in the scope of the review was the City’s policy and procedure framework with the following recommendations made:

 

1.    There should be a review of the Council Policies with the intent that a Council Policy:

a.    Should deal with higher level objectives and strategies;

b.    Should not deal with operational matters, employee matters, or other matters which are the responsibility of the CEO; and

c.     Should, where appropriate provide sufficient direction to the CEO to develop OPPs which deal with the implementation of the Council Policy or other detailed matters.

2.    As part of that review, any existing Council Policy should be deleted where it could, more sensibly, be dealt with by an OPP adopted by the CEO.

3.    Consideration should be given to developing a new Council Policy which sets out the ‘framework’ for Council Policies, OPPs and other procedures.  The new Policy would explain the role to be played by each level of document.  It could, for example, be called a Policy Framework Policy.

 

In response a Policy Framework has been developed and endorsed by Council, setting out the intent of Council policies, as opposed to operational documents such as Staff Management Practices and operational procedures, and a Council policy template developed. 

 

The Policy aligns with this framework and adopted template.

 

The Policies and Standards for Geographical Naming in Western Australia is a relevant policy. The Geographic Names Committee, an appointed advisory committee, utilises the Landgate Policies and Standards for Geographical Naming in Western Australia, (version 01:2017) in regards to geographical naming issues.

 

FINANCIAL IMPLICATIONS

 

Adoption of the Policy has no financial implications.

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

Adoption of the Policy has no long term financial plan implications

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Policy aligns with and supports the Council’s Key Goal Area 6 - ‘Leadership’ and more specifically, Community Objective 6.1 Governance systems, process and practices are responsible, ethical and transparent.

 


 

RISK ASSESSMENT

 

There are no risks identified of a medium or greater level associated with the Officers recommendation, with the Policy reiterating and maintaining Council’s current direction for the naming of parks, gardens, reserves, memorials, sports grounds and buildings and naming of roads.

 

CONSULTATION

 

No external consultation is required in relation to this policy review.

 

OFFICER COMMENT

 

The Policy has been reviewed and the following minor changes have been incorporated:

 

1.    Minor amendments to wording and reformatting of paragraphs throughout for the purposes of clarity;

2.    The inclusion of aspects of the current Street Names Policy, which provides guidelines and criteria for the naming of City Roads; and

3.    More detailed reference to the Geographic Names Committee (GNC) guidelines, including the provision that the naming guidelines as set out in Policies and Standards for Geographic Naming in Western Australia will be adhered to.

 

The proposed amendments align the Policy with the high level objectives and strategy of the GSR.

 

CONCLUSION

 

Officers consider that the current policy in relation to the naming of key infrastructure assets has been operating efficiently and effectively since adoption, with the recommended changes and inclusions contained in the Policy aimed at improving guidance and streamlining the policy framework.

 

With respect to the Street Names Policy, officers feel that by combining key aspects of this into the Policy, the Street Names Policy can be rescinded.

 

OPTIONS

 

The Council could choose not to endorse the Policy, or make additional changes to the Policy.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The Policy would be effective immediately upon endorsement by Council.

 

OFFICER RECOMMENDATION

 

That the Council

 

1.    Endorse the revised Council Policy – Naming of City Roads and Assets as shown in Attachment A to replace the Council Policy Naming of Parks, Gardens, Reserves, Memorials, Sports Grounds and Buildings (Attachment B). 

2.    Rescind the Street Names Policy (Attachment C) upon adoption of the Naming of City Roads and Assets Policy.

 

 


Policy and Legislation Committee

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27 November 2018

6.1

Attachment a

Proposed Naming of City Roads and Assets Policy

 


 


 


Policy and Legislation Committee

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6.1

Attachment b

Current Naming of Parks, Gardens, Memorials, Sports Grounds Council Policy 237

 


 


 


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6.1

Attachment c

Current Street Names Policy 141

 


 


Policy and Legislation Committee                                  18                                                          27 November 2018

6.2             REVISED COUNCIL POLICY: RANGER AND EMERGENCY SERVICES APPROACH TO REGULATORY FUNCTIONS

SUBJECT INDEX:

Policy, Procedures and Manuals

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Environmental Services

ACTIVITY UNIT:

Ranger and Emergency Services

REPORTING OFFICER:

Ranger & Emergency Services Coordinator - Ian McDowell

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Proposed Policy - Ranger and Emergency Services Approach to Regulatory Functions

Attachment b    Current Policy - Ranger & Emergency Services Approach to Regulatory Functions  

  

 

PRÉCIS

 

This report presents a revised Ranger and Emergency Services Approach to Regulatory Functions Policy (Attachment A) (the Policy) for Council approval, with the current policy (Attachment B) having been amended with regard to the recommendations of the Governance System Review (GSR) carried out by Mr John Woodhouse in 2017.

 

The Policy, which has been moved into the new policy template and refined, is considered to be of continuing relevance and importance and is therefore recommended for Council approval.

 

BACKGROUND

 

The current policy was adopted by the Council in June 2013 and reviewed again in October 2017 (C1710/243) in line with the scheduled policy review.

 

Following a recent review of the Staff Management Practice (SMP) in dealing with the operational application of the policy, it was deemed appropriate by staff to again review the policy and to move it to the current policy template.

 

STATUTORY ENVIRONMENT

 

In accordance with section 27(2)(b) of the Local Government Act 1996 (the Act), it is the role of the Council to determine the local government’s policies. The Council does this on the recommendation of a Committee it has established, the Policy and Legislation Committee, in accordance with section 5.8 of the Act.

 

RELEVANT PLANS AND POLICIES

 

In August 2017 the CEO commissioned a high level independent review of the City’s governance systems - the GSR.   Included in the scope of the review was the City’s policy and procedure framework with the following recommendations made:

 

1.    There should be a review of the Council Policies with the intent that a Council Policy:

a.    Should deal with higher level objectives and strategies;

b.    Should not deal with operational matters, employee matters, or other matters which are the responsibility if the CEO; and

c.     Should, where appropriate provide sufficient direction to the CEO to develop OPPs which deal with the implementation of the Council Policy or other detailed matters.

2.    As part of that review, any existing Council Policy should be deleted where it could, more sensibly, be dealt with by an OPP adopted by the CEO.

3.    Consideration should be given to developing a new Council Policy which sets out the ‘framework’ for Council Policies, OPPs and other procedures.  The new Policy would explain the role to be played by each level of document.  It could, for example, be called a Policy Framework Policy.

 

In response a Policy Framework has been developed and endorsed by Council, setting out the intent of Council policies, as opposed to operational documents such as Staff Management Practices and operational procedures, and a Council policy template developed.  The Policy adheres to this framework and template.

 

The Policy supplements and supports the Compliance Policy adopted by the Council in September 2018 (C1809/182).

 

FINANCIAL IMPLICATIONS

 

There are no financial implications associated with the Officer Recommendation.

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

There are no long-term financial plan implications associated with the Officer Recommendation.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Policy links to Key Goal Area 6 of the City’s Strategic Community Plan 2017 and specifically the Community Objective 6.1: Governance systems, process and practices are responsible, ethical and transparent.

 

RISK ASSESSMENT

 

There are no risks identified of a medium or greater level associated with the Officer Recommendation.

 

CONSULTATION

 

No specific consultation was undertaken in relation to the Policy.

 

OFFICER COMMENT

 

Following a review of the SMP in relation to the Ranger and Emergency Services Approach to Regulatory Functions, it was deemed appropriate by staff to carry out a review of the Council policy relating to the same matter.

 

The current policy contains a level of information considered more operational in nature and as such, has been revised. Specifically, the objectives and statements of intent relative to each individual piece of legislation have been removed from the Policy but retained in the SMP.

 

The Policy provides higher level objectives and strategies relating to the City’s overall approach to its regulatory functions, regardless of the legislation that is being enforced.

 

 

CONCLUSION

 

The Policy updates the current Ranger and Emergency Services Approach to Regulatory Functions and in doing so, continues to provide for a transparent, consistent, accountable and respectful approach to the exercising of regulatory function by Ranger and Emergency Services. It is recommended that the Policy is approved by Council. 

 

OPTIONS

 

The Council may choose not to adopt the Policy and instead choose to amend or reject the Policy.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The Policy would be effective immediately upon approval by Council.

 

OFFICER RECOMMENDATION

 

That the Council adopts the revised Ranger and Emergency Services Approach to Regulatory Functions Policy as per Attachment A, to replace the current policy (Attachment B).

 

 


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6.2

Attachment a

Proposed Policy - Ranger and Emergency Services Approach to Regulatory Functions

 


 


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6.2

Attachment b

Current Policy - Ranger & Emergency Services Approach to Regulatory Functions

 


 


 


 


Policy and Legislation Committee                                  29                                                          27 November 2018

6.3             NEW DELEGATIONS OF AUTHORITY AND AMENDMENTS TO EXISTING DELEGATIONS OF AUTHORITY

SUBJECT INDEX:

Authorised Delegation of Power/Authority

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Governance Services

ACTIVITY UNIT:

Governance Services

REPORTING OFFICER:

Governance Coordinator - Emma Heys

Ranger & Emergency Services Coordinator - Ian McDowell

AUTHORISING OFFICER:

Director Finance and Corporate Services  - Tony Nottle

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   BF3 Institute a prosecution, or to issue an infringement

Attachment b    BF4 Variation of prohibited and restricted burning times

Attachment c    LG3Q Authority to destroy an impounded sick or injured animal

Attachment d   BF1 The performance of any of the functions of the local government

Attachment e    BF1 Firebreak Order, Variation to (C1106/199) - Current Version

Attachment f    BF2 Appointment of Bush Fire Control Officers

Attachment g   BF2 Appointment of Bush Fire Control Officers (C1505/116) - Current Version

Attachment h   LG3F Power to remove and impound; Abandoned vehicle wrecks

Attachment i     LG3F Power to Remove and impound goods or abandoned vehicle wrecks (C1808/150) - Current Version  

 

PRÉCIS

 

As part of an internal review of the City’s delegations register, a number of new delegations and some minor amendments to existing delegations have been identified, all associated with functions carried out by the Ranger and Emergency Services area.

 

BACKGROUND

 

Under the Local Government Act 1995, and other Acts that provide for the powers and duties under which local government operate, Council has the ability to delegate some of those powers and discharge of duties to its Chief Executive Officer or other relevant officers.

 

The Local Government Act 1995 requires these delegations to be reviewed by the delegator at least once every financial year, whilst other Acts, such as the Bush Fires Act 1954 have no statutory requirement for review, but are typically reviewed on an annual basis.  

 

A review has been undertaken of the various Acts enforced by Ranger and Emergency Services and the delegations register as it relates to these powers, with the aim of ensuring best practice governance structures and the maintenance of operational efficiencies.

 

As a result, a number of new delegations and some minor amendments to existing delegations are recommended.  Commentary on the requests and the rationale for each is provided in the Officers comment section of this report.

STATUTORY ENVIRONMENT

 

Section 5.42 of the Local Government Act 1995 provides the Council with the ability to delegate powers and duties to its CEO.  Some powers and duties cannot be delegated in accordance with Section 5.43 of the Act, such as matters that require an Absolute Majority decision of the Council. 

 

Section 48 of the Bush Fires Act 1954 provides local government with the ability to delegate powers and duties to its CEO and other relevant officers. Some powers and duties cannot be further sub-delegated in accordance with Section 48 of the Bush Fires Act 1954.

 

Various sections and subsections of the Bush Fires Act 1954 provide for powers to be directly delegated from Council to Officers, specifically powers under s.59 and s.59A of the Bush Fires Act 1954 can only be delegated directly from Council (no opportunity to sub delegate from CEO to Officers); and in some instances, powers cannot be delegated and the authority to discharge remains with the local government, specifically the power to appoint a Chief Bush Fire Control Officer and Deputy Chief Bush Fire Control Officer, which requires a resolution of Council.

 

RELEVANT PLANS AND POLICIES

 

There are no plans or other policies directly relevant to this matter.

 

FINANCIAL IMPLICATIONS

 

There are no financial implications associated with the Officer recommendation.

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

There are no long term financial plan implications associated with the Officer recommendation.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This delegation review aligns with and supports the Council’s Key Goal Area 6 – ‘Leadership’ and more specifically Community Objective 6.1 – ‘Governance systems, process and practices are responsible, ethical and transparent’.

RISK ASSESSMENT

 

Following an assessment of the potential implications, there are no risks assessed as being medium or greater associated with the Officer recommendation.

 

CONSULTATION

 

There was no consultation undertaken or considered necessary in relation to the Officer recommendation.

 

OFFICER COMMENT

 

Many of the proposed new delegations and amendments to existing delegations are the result of gaps being identified in the current allocation of powers, as compared to best practice governance structures.  The proposed changes are intended to provide officers with increased clarity and security in relation to decision making. The proposed new and amended delegations also aim to achieve and maintain organisational efficiencies.

 

The table below provides an overview of the new and amended delegations, as well as expanding on the rationale above where applicable. Proposed new delegations are BF3, BF4 and LG3Q and minor amendments are proposed to delegations BF1, BF2, and LG3F.

 

Relevant Act

Summary of proposal

Bushfire Act

 

Institute a prosecution, or to issue an infringement

Proposed new delegation (BF3)

Council to CEO and listed Officers

 

To enable Rangers and Senior Rangers to issue infringements for an offence against this Act.

To enable the CEO, Bush Fire Control Officer, Director Planning & Development and Manager Environmental Services to commence a prosecution for an offence and institute legal proceedings for an offence against this Act.

This delegation can only be made from Council to CEO and listed Officers, not Council to CEO and CEO sub-delegation to Officers

 

Bushfire Act

 

Variation of prohibited and restricted burning times

Proposed new delegation (BF4)

Council to Mayor and CBFO

 

To enable the Mayor and Chief Bush Fire Officer to vary prohibited and restricted burning times. The Act only allows for the local government to specifically delegate this power to the Mayor and Chief Bush Fire Officer in joint.

 

Additional Rationale: To remove the need for a report to be presented to Council which can have an impact on timeliness of implementing restrictions and / or create the need for late / urgent items.

 

Local Government Act

 

Authority to destroy an impounded sick or injured animal

Proposed new delegation (LG3Q)

Council to CEO

 

To delegate the power to CEO to ensure an immediate determination on the destruction of a sick or injured animal can be made.

 

Note there is an argument that the reference to local government in this section of the Act does not preclude the administration from making what are often humanely necessary and time critical decisions however the proposed delegation is recommended by WALGA in their model delegation register as best practice.

 

Bushfire Act

 

The performance of any of the functions of the local government under the Act

Proposed amendments to existing delegation (BF1)

Council to CEO

 

The wording in this existing delegation is proposed to be amended in general to strengthen and clarify the delegation to be “all functions of the local government” under the Bush Fires Act 1954.

 

Additional Rationale: This is aligned to the way in which other delegations have been prepared and allows the CEO to delegate to officers in relation to all functions (except where expressly disallowed).

 


 

Bushfire Act

 

Appointment of Bush Fire Control Officers

Proposed amendments to existing delegation (BF2)

Council to CEO

 

The wording in this existing delegation is proposed to be amended:

·    Inclusion of s.38 as the Power/Duty and Act Reference;

·    Additional wording in Condition (3), which outlines the conditions on which an appointment of a Chief Bush Fire Control Officer or Deputy Chief Bush Fire Control Officer can occur.

 

Additional Rationale: This strengthens and clarifies the delegation. Section 38 is the specific section of the Act which enables a Bush Fire Control Officer to be appointed by a local government (this was previously missing from the delegation), whereas s.48 is the power to delegate (already included and will stay).

 

Condition 3 is also clarified by including the requirement that a resolution by Council, on recommendation from the Bush Fire Advisory Committee, is needed to appoint the Chief Bush Fire Control Officer and Deputy Chief Bush Fire Control Officer.

 

Local Government Act

 

Power to Remove and Impound;

Abandoned Vehicle Wrecks

Proposed amendments to existing delegation (LG3F)

Council to CEO

 

The existing delegation essentially restricted the delegated powers to s.340A subsection (1) of the Act, thereby not allowing anyone to actually declare an abandoned vehicle as an “abandoned vehicle wreck” which is covered by s.340A subsection (5).  The proposed delegation removes reference to subsection (1) and delegates all powers under s.340A.

 

Addition of a condition that the disposal of the vehicle is to be undertaken in accordance with the Delegation LG3G Disposing of Uncollected Goods.

 

Additional Rationale: Because of the reference to subsection (1) of s.340A, Officers were unable to effectively take the first step of this delegation – declaring a vehicle abandoned.

 

 

CONCLUSION

 

The proposed new or amended delegations serve to reduce risk, address identified gaps when compared to best practice and provide clarity and assurance to officers with regards to the powers and discharge of duties delegated to them.

 

In addition the proposed amendments aim to provide a sufficient level of authority to the CEO and/or relevant officers to ensure existing organisational efficiencies continue.

 

OPTIONS

 

Council may choose not to adopt the new or amended delegations or choose to place conditions on the delegations.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Any determinations on the delegations will be effective immediately following the Council’s decision.

OFFICER RECOMMENDATION

 

That the Council:

 

1.    Adopts delegation BF3 – Institute a prosecution, or to issue an infringement as shown at Attachment A;

2.    Adopts delegation BF4 – Variation of prohibited and restricted burning times as shown at Attachment B;

3.    Adopts delegation LG3Q – Authority to destroy an impounded sick or injured animal as shown at Attached C;

4.    Adopts the amended delegation BF1 – The performance of any of the functions of the local government under the Bushfires Act 1954 as shown at Attachment D;

5.    Adopts the amended delegation BF2 – Appointment of Bush Fire Control Officers as shown at Attachment F;

6.    Adopts the amended delegation LG3F – Power to remove and impound; Abandoned vehicle wrecks as shown at Attachment H

 

 


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6.3

Attachment a

BF3 Institute a prosecution, or to issue an infringement

 


 


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6.3

Attachment b

BF4 Variation of prohibited and restricted burning times

 


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6.3

Attachment c

LG3Q Authority to destroy an impounded sick or injured animal

 


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6.3

Attachment d

BF1 The performance of any of the functions of the local government

 

 


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6.3

Attachment e

BF1 Firebreak Order, Variation to (C1106/199) - Current Version

 


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6.3

Attachment f

BF2 Appointment of Bush Fire Control Officers

 


 


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6.3

Attachment g

BF2 Appointment of Bush Fire Control Officers (C1505/116) - Current Version

 


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6.3

Attachment h

LG3F Power to remove and impound; Abandoned vehicle wrecks

 


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6.3

Attachment i

LG3F Power to Remove and impound goods or abandoned vehicle wrecks (C1808/150) - Current Version

 


Policy and Legislation Committee                                  45                                                          27 November 2018

6.4             AL FRESCO TRADING IN THE BUSSELTON CITY CENTRE - CONSIDERATION OF DRAFT POLICY FOLLOWING CONSULTATION (AS WELL AS INFORMATION ON OUTCOMES OF RELATED CONSULTATION)

SUBJECT INDEX:

Activity Centre Plan - Busselton

STRATEGIC OBJECTIVE:

Creative urban design that produces vibrant, mixed-use town centres and public spaces.

BUSINESS UNIT:

Planning and Development Services

ACTIVITY UNIT:

Strategic Planning & Development

REPORTING OFFICER:

Director, Planning and Development Services - Paul Needham

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Proposed Al Fresco Trading in Busselton City Centre Policy

Attachment b    Project Detailed Report Busselton CBD Activation

Attachment c    Published Under Separate Cover  Confidential Valuation Advice  

  

PRÉCIS

 

Following a period of consultation, this report presents a draft Council Policy for Al Fresco Trading in the Busselton City Centre (the Policy). It is recommended that the Policy be formally adopted without modification.

 

BACKGROUND

 

At its ordinary meeting of 25 July 2018, the Council adopted, for consultation purposes, a draft ‘Council Policy on Al Fresco Trading in the Busselton City Centre’. A copy of the Policy is included as Attachment A.

 

The Council also resolved that, in parallel with the consultation process, further assessment should be undertaken to identify what, if any, level an annual licence fee (for on street al fresco areas) would typically be set at, so that the Council could consider that information in considering the Policy after consultation.

 

STATUTORY ENVIRONMENT

 

In accordance with Section 2.7(2)(b) of the Local Government Act 1995 it is the role of the Council to determine the local government’s policies.  The Council does this on the recommendation of a Committee it has established in accordance with Section 5.8 of that Act.

 

Key statutory environment is set out in the City’s Activities in Thoroughfares and Public Places and Trading Local Law 2015 (‘Thoroughfares Local Law’) and town planning scheme, as well as in the Land Administration Act 1997. Those documents have been considered in the preparation of the Policy and this report.

 

RELEVANT PLANS AND POLICIES

 

Relevant plans and policies include the City’s Economic Development Strategy 2016-2026 (‘ED Strategy’), and Local Planning Policy 4C: Busselton Town Centre Urban Design Provisions (LPP4C). The ED Strategy identifies ‘Place Making and Activation’ as a key focus area, and sets out a number of related strategies, including ‘Partner with business owners and managers to focus positive activity into streets and public spaces’. LPP4C identifies Queen Street as a ‘Primary Street’, and sets out that development on such streets should be ‘highly activated’ and that ‘al fresco uses also encouraged’.

FINANCIAL IMPLICATIONS

 

There are no direct financial implications of the recommendations of this report. Depending on the direction that the Council chooses to take on these issues, there may be some financial implications, such as those associated with streetscape works that may be required to allow al fresco use of space currently allocated for car parking and/or with fees required to be paid by proprietors for use of road reserve (which is City land, although a very particular kind of City land) for al fresco trading.

 

Note that the Council has recently amended the guidelines of the Busselton and Dunsborough Centres Façade Refurbishment Subsidy Programme to include infrastructure associated with al fresco areas as eligible works. Under that programme, funding of up to $20,000 per project is available, up to maximum of 50% of the project cost above $5,000 (for instance, the maximum funding available for a $10,000 project is $2,500, and the maximum funding available for a $35,000 project is $15,000). $50,000 is allocated to that project in the City’s current budget, and on an ongoing, annual basis as per the Long-Term Financial Plan.

 

It should be noted that the City’s current schedule of fees and charges does not involve an ongoing fee for al fresco trading, with such fees having been removed in the adoption of last financial year’s fees and charges. Where the City is contemplating allowing landowners or proprietors to undertake streetscape works to convert car bays and/or place structures in existing car bays, there would be a capacity to require the costs of the work to be met by the proponent and/or charge ongoing licence fees.

 

On the basis of recent assessments of the market value of a licence for al fresco space, a value of around $25-$50/m2/annum is considered an indicative range for al fresco space on Queen Street. Given a parallel parking bay is around 15m2 in area, that would equate to a licence fee of $375-$750 per annum for an al fresco area occupying the equivalent of one car parking bay. It should be noted that, as required by Council’s 25 July resolution, further assessment has been undertaken to determine what level an annual licence fee may be set at, and it confirms that the indicative range above is supported by market assessment and is similar to the rates charged by other local governments in similar contexts.

 

It is worthwhile first understanding the nature of the tenure that would be provided. What is proposed is a licence form of tenure, and not a lease, and so it is a more limited form of tenure, and the rights that would ordinarily accrue to a leasehold tenant would not be present. Further, what is proposed is a licence for the use of the land, not for the use of a building. The licensee will be required to provide their own infrastructure, and will have only a relatively short licence period in which to recover that investment, should the City decide not to renew the licence.

 

More detailed advice on this matter has been provided as Attachment C (which is confidential because it contains commercially sensitive information).

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

There are no long-term financial plan implications of the recommendations of this report.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Policy links to Key Goal Area 2 of the City’s Strategic Community Plan 2017 and specifically the Community Objective 2.1: Creative urban design that produces vibrant, mixed-use town centres and public spaces.

 


 

RISK ASSESSMENT

 

An assessment of the risks associated with implementation of the officer recommendation has been undertaken using the City’s risk assessment framework. Risks are only identified where the residual risk, once controls are identified, is ‘medium’ or greater. No such risks have been identified, although it should be noted that individual proposals for al fresco dining on City land would themselves need to be subject of appropriate risk assessment and management.

 

CONSULTATION

 

Using the Your Say platform, the City ran an online survey seeking community views and information on a range of questions related to the Policy, as well as some other questions related to the planning and management of the Busselton City Centre. A summary of the outcomes of the consultation is provided as Attachment B.

 

A total of 295 people viewed the survey, of whom 125 provided responses. On questions directly related to the Policy, some of the key things to note from the responses are considered to be –

·        To the question ‘What would bring you into the Busselton City Centre more often on the weekend or evening (choose all that apply)?’, the most common responses were - ‘more al fresco options’ (86 respondents), ‘more café, bar and restaurant options’ (85 respondents) and ‘if there were events taking place in the City Centre’ (70 respondents); and

·        Between 67% and 80% were supportive of the key elements of the Policy, between 6% and 15% were not supportive, with the balance being unsure – in short, there was substantial net support for all of the key elements of the Policy.

 

OFFICER COMMENT

 

The rationale for the Policy was set out in some detail in the report considered by the Council in July and, as such, there is not seen to be a need to do so in full again in this report. The key elements of the rationale then as now, however, are seen as being -

·        It is generally not possible to provide additional and high usability al fresco space on Queen Street especially without occupying space currently used for on-street car parking bays;

·        A successful Busselton City Centre into the future will require an increase in the number and proportion of cafes, restaurants and/or bars, including and especially on the ‘main street’ (i.e. Queen Street);

·        Providing more al fresco space will help to facilitate that increase, in fact it is highly likely to be critical to that occurring;

·        Even then, that increase will only occur gradually and incrementally, and to avoid unnecessarily removing on-street car parking bays ahead of demand, it is best to also facilitate al fresco conversion of car parking bays in an incremental/demand-driven fashion; and

·        Given that not all café, restaurant or bar businesses will continue indefinitely, it makes sense to consider al fresco options that are reversible and non-permanent.

 

The consultation process is not considered to have raised any concerns with the Policy. It is therefore recommended that the Policy be formally adopted, without modification. That would then allow proposals for al fresco trading on City land to be submitted and assessed, pursuant to the Policy, and subsequently implemented.

CONCLUSION

 

It is seen as important that the Council establish its direction on this issue, such that landowners, proprietors and officers can develop and consider proposals with some confidence. For the reasons set out in the report considered by the Council in July, it is considered that the Council should adopt a policy to support more al fresco space on Queen Street especially, but mainly in a reversible and in an incremental/demand-driven fashion.

 

OPTIONS

 

The options available to the Council are fundamentally as follows –

·        Not adopt the Policy, and assess al fresco proposals on a case-by-case basis; or

·        Adopt the Policy, subject to modifications.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The officer recommendation is for the formal adoption of the Policy without modification. Implementation would involve publication of the adopted policy. That would occur within two weeks of the Council making a resolution consistent with the officer recommendation.

 

OFFICER RECOMMENDATION

 

That the Council adopts the Al fresco Trading in the Busselton City Centre Policy, as per Attachment A.

 

 

 


Policy and Legislation Committee

46

27 November 2018

6.4

Attachment a

Proposed Al Fresco Trading in Busselton City Centre Policy

 


 


Policy and Legislation Committee

55

27 November 2018

6.4

Attachment b

Project Detailed Report Busselton CBD Activation

 


 


 


 


 


 


 


 


 


 


Policy and Legislation Committee                                  60                                                          27 November 2018

6.5             RECISSION OF FLAG PROTOCOL POLICY

SUBJECT INDEX:

Policy Review

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Governance Services

ACTIVITY UNIT:

Governance Services

REPORTING OFFICER:

Governance Coordinator - Emma Heys

AUTHORISING OFFICER:

Manager Governance and Corporate Services - Sarah Pierson

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Council Policy 120 Flag Protocol

Attachment b    Customer Service Procedure - Flag Protocols  

  

PRÉCIS

 

The purpose of this report is to recommend rescission of Council Policy 120 Flag Protocol (Attachment A) (the Policy), which outlines the Council’s authority for flags that can be flown at the City of Busselton Administration Offices.

 

In August 2017 the CEO commissioned a high level independent review of the City’s governance systems - the Governance Systems Review (GSR).   Included in the scope of the review was the City’s policy and procedure framework with recommendations made in relation to the nature and intent of Council policies; namely that Council policies should deal with higher level strategies and objectives. 

 

In accordance with the recommendations of the GSR, it is recommended that the Policy be rescinded.

 

BACKGROUND

 

The Policy outlines the City’s authority for flags that can be flown at the City of Busselton Administration Offices.  It was adopted in June 2012 and updated again in December 2016 (C1612/148) to include reference to the Department of Prime Minister and Cabinet Publication: Australian Flags – Part 2 – The protocols for the appropriate use and the flying of the flag, Commonwealth of Australia 2006.

 

The GSR was undertaken over a 3 month period by Mr John Woodhouse LLB Juris and made the following recommendations, including, but not limited to, the City’s policy and procedure framework:

 

1.    There should be a review of the Council Policies with the intent that a Council Policy:

a.    Should deal with higher level objectives and strategies;

b.    Should not deal with operational matters, employee matters, or other matters which are the responsibility if the CEO; and

c.     Should, where appropriate provide sufficient direction to the CEO to develop OPPs which deal with the implementation of the Council Policy or other detailed matters.

2.    As part of that review, any existing Council Policy should be deleted where it could, more sensibly, be dealt with by an OPP adopted by the CEO.

In response a Policy Framework has been developed and endorsed by Council, setting out the intent of Council policies, as opposed to operational documents such as Staff Management Practices and operational procedures. 

 

For the reasons outlined in the Officer Comment section of this report, it is considered appropriate for the Policy to be rescinded.

 

STATUTORY ENVIRONMENT

 

In accordance with Section 2.7(2) of the Local Government Act 1995 it is the role of the Council to determine the local government’s policies. The Council does this on recommendation of a Committee it has established in accordance with Section 5.8 of that Act.

 

The Department of Prime Minister and Cabinet Publication: Australian Flags – Part 2 – The protocols for the appropriate use and the flying of the flag, Commonwealth of Australia 2006 provides for the protocols and precedence of flying the Australian National Flag. This is a comprehensive guideline document.

 

The Department of the Premier and Cabinet provides guidelines for flag protocols and flag precedence for the flying of the Western Australia State Flag and other flags as prescribed by the Flags Act 1953.

 

RELEVANT PLANS AND POLICIES

 

There are no plans or other policies directly relevant to this matter.

 

FINANCIAL IMPLICATIONS

 

There are no financial implications associated with the Officer recommendation.

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

There are no long term financial plan implications associated with the Officer recommendation.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Officer recommendation will not impact adversely on the achievement of any of the community objectives contained within the Strategic Community Plan 2017 and will instead serve to meet the objectives of Key Goal Area 6, specifically community objective 6.1 – Governance systems, processes and practices are responsible, ethical and transparent, by streamlining the City’s policy framework.

 

RISK ASSESSMENT

 

There are no identified risks of a medium or greater level associated with the Officer recommendation.

 

CONSULTATION

 

No external consultation is required in relation to this policy review.

 

OFFICER COMMENT

 

The Policy scope sets out the authority for flags that can be flown at the City of Busselton Administration Offices, with reference to the precedence of flying flags.

The Policy content further details the authority of the Chief Executive Officer to allow for other flags to be flown on other appropriate occasions, and for alternative flags to be flown in recognition of occasions, events, visits or the like for periods of time, but does not specify which occasions are appropriate or how they are to be determined, instead leaving it to the discretion of the CEO as an operational matter.

 

Upon review, the Policy is no longer considered necessary noting the recommendations of the GSR that Council policies should deal with high level objectives and strategies, while matters of an operational nature can be dealt with in Staff Management Practices.  The Policy is not considered to set a strategic direction and is predominately operational in nature.  Additionally the City has at an operational level a well-established procedural document in place in relation to flag protocols (Attachment B).

 

Through the review of other comparable Council’s policies, only one was found to concern any type of flag protocol, relating to the treatment of applications to fly representative or special flags outside of the protocols already covered by the commonwealth and state guidelines.  It is felt that this is a matter which can be appropriately dealt with by the CEO.   

 

CONCLUSION

 

It is recommended that Council Policy 120 Flag Protocol be rescinded, as the City has an established operating procedure in place and there are federal and state guidelines which provide sufficient direction in relation to flag precedence and protocol.

 

OPTIONS

 

Council could instead require that the Policy is maintained and updated to the new template and / or further reviewed.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The Policy will be rescinded immediately upon adoption of the Officers Recommendation.

 

OFFICER RECOMMENDATION

 

That the Council rescinds Council Policy 120 – Flag Protocol effective immediately. 

 


Policy and Legislation Committee

62

27 November 2018

6.5

Attachment a

Council Policy 120 Flag Protocol

 


 


Policy and Legislation Committee

67

27 November 2018

6.5

Attachment b

Customer Service Procedure - Flag Protocols

 

 

 

CUSTOMER SERVICE PROCEDURE DOCUMENT

DIRECTORATE:

Financial and Corporate Services

BUSINESS UNIT:

Customer Service

TASK:

FLAG PROTOCOLS

DESCRIPTION:

Federal, Aboriginal and Local flag protocols

AUTHOR:

Diane Hamilton

DATE:

09 June 2011

HEADS OF POWER:

Department of Prime Minister and Cabinet: Booklet Australian Flags – Part 2

NUMBER/SET ID

CSO001 / 1630729

 

Source Documents

The protocols outlined in this document were obtained from the Commonwealth Flag Officer,
Awards and Culture Branch, Department of the Prime Minister and Cabinet. They have been tailored to suit the City of Busselton requirements including the implementation of flag flying requirements over weekends and holidays.

Please note that these protocols are also informed by the City of Busselton’s Governance and Administration Policy – Flying of Flags (120/2).

Protocols

As the nation’s foremost symbol, the Australian National Flag should be used with respect and dignity. These protocols are to assist you when flying or using the flag.

·      Flying the flag

·      Order of precedence

·      Flying flags at half-mast

·      Funerals

·      Flag Raising Ceremonies

Flying the Australian National Flag

·      The flag should be raised briskly and lowered ceremoniously.

·      The flag should be raised no earlier than first light and lowered no later than dusk.

·      When the flag is raised or lowered, or when it is carried in a parade or review, everyone present should be silent and face the flag. People in uniform should salute.

·      The flag should always be flown freely and as close as possible to the top of the flagpole with the rope tightly secured.

·      Unless all flags are raised and lowered simultaneously, the Australian National Flag should be raised first and lowered last.

·      When flying with other flags, the Australian National Flag should fly on the left of a person facing the flags.

·      Two flags should not be flown from the same flagpole.

·      The flag should never be flown if it is damaged, faded or dilapidated. When the material of a flag deteriorates it should be destroyed privately and in a dignified way. I.e. it may be cut into small, unrecognisable pieces then disposed of with the normal rubbish collection.

·      The flag should not be flown upside down, even as a signal of distress.

·      The flag should not fall or lie on the ground or be used as a cover (although it can be used to cover a coffin at a funeral).

·      Information on the protocols for displaying and folding the flag can be found in Part 2 of the booklet Australian flags (PDF 928KB)[1], which is available from your Federal Member of Parliament or Senator.

Order of precedence

The Australian National Flag takes precedence over all other flags when it is flown in Australia or Australian territory.

The standard order of precedence for the City of Busselton from east to west is:

·    Australian National Flag

·    The WA State Flag

·    The Aboriginal Flag

·    City of Busselton Flag

CEO approval is required to fly the state, aboriginal or Torres Strait Islander flags or the flags of any visiting nation. The order of precedence is:

·    Australian National Flag

·    Additional Flag

·    Aboriginal Flag

·    City of Busselton Flag

With the direction of the CEO, when a representative is visiting from the City of Busselton’s sister city Sugito in Japan the order of precedence should be:

·    Australian National Flag

·    Japanese National Flag

·    City of Busselton Flag

·    Sugito City Flag

The Australian National Flag should not normally be flown in a position inferior to any other flag or ensign and should not be smaller than any other flag or ensign.

Flying flags at half-mast

Flags are flown at half-mast as a sign of mourning.

The half-mast position will depend on the size of the flag and the length of the flagpole.  The flag must be lowered to a position recognisably half-mast to avoid the appearance of a flag which has accidentally fallen away from the top of the flagpole.  An acceptable position would be when the top of the flag is a third of the distance down from the top of the flagpole. 

There are times when direction will be given by the Australian Government for all flags to be flown at half-mast. The Commonwealth Flag Network[2] will notify the City of these occasions by email. These emails must be registered in ECM and then tasked to the responsible officer.

Flags in any locality can be flown at half-mast upon the death of a local citizen or on the day, or part of the day, of their funeral. Decisions to half-mast the Australian National Flag displayed at the City of Busselton administration offices rests with the Council and the CEO only.

When lowering the flag from a half-mast position it should be briefly raised to the peak and then lowered ceremoniously.

The flag should never be flown at half-mast at night even if it is illuminated.

When flying the Australian National Flag with other flags, all flags in the set should be flown at half-mast. The Australian National Flag should be raised first and lowered last.

Funerals

The flag can be used to cover the coffin of any Australian citizen at their funeral.

The upper left quarter or canton should be draped over the ‘left shoulder’ of the coffin to represent the heart.

The flag should be removed before the coffin is lowered into the ground or after the service at a crematorium.

Flag Raising Ceremonies

Schools or organisations wishing to hold a flag raising ceremony should follow the protocols outlined under the flying the flag[3] section.

Commonwealth Flag Network

For up to date advice on how to fly the Australian National Flag on special occasions, the Customer Service Coordinator and / or SCIO should register for the Commonwealth Flag Network[4].

You will receive an email at the same time as flag marshals around the country when special flag protocols (for special occasions such as ANZAC Day and NAIDOC Week or occasions when flags should be half-mast) are in affect. Note that this communication is usually three weeks in advance of The Commonwealth Flag Network email.

Commercial use

The Australian National Flag may be used for commercial purposes, including advertising, without formal permission but subject to guidelines:

·      The flag should be used in a dignified manner and reproduced completely and accurately.

·      It should not be defaced by overprinting with words or illustrations.

·      Other objects in displays should not cover the flag.

·      All symbolic parts of the flag should be identifiable.

The Aboriginal Flag is copyright controlled. Official permission must be obtained prior to commercial use.

In regard to the importation of items bearing an image of the Australian National Flag, importers consult the Department of the Prime Minister and Cabinet for approval of the item before applying for an import permit through the Australian Customs Service.

If you have any questions about the appropriate use or representation of the Australian National Flag, please contact the Commonwealth Flag Officer by post or email.

Commonwealth Flag Officer

Awards and Culture Branch

Department of the Prime Minister and Cabinet

PO Box 6500

CANBERRA ACT 2600

Australia

 

 

Authorised:
Diane Hamilton – Customer Service Coordinator

Date   05/07/2011    

 

ECM Document ID:   

 

Version

Changes

Author/Date

1

Initial

Diane Hamilton 10 Feb. 2009

2

Update format and information

Diane Hamilton 09 June 2011

3

Final Edit and Authorisation

Diane Hamilton 05 July 2011

4

City of Busselton Flag Policy Inserted

Diane Hamilton 20 June 2012

5

Update information

Hannah Chandler

 


Policy and Legislation Committee                                  70                                                          27 November 2018

6.6             REVIEW OF COUNCIL POLICY 234 - RISK MANAGEMENT

SUBJECT INDEX:

Risk Management

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

 Governance Services

REPORTING OFFICER:

Manager Governance and Corporate Services - Sarah Pierson

AUTHORISING OFFICER:

Director Finance and Corporate Services  - Tony Nottle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Proposed Council Policy - Risk Management

Attachment b    Current Council Policy - Organisation Wide Risk Management  

  

PRÉCIS

 

This report presents a revised Risk Management policy (Attachment A) (the Policy) for Council approval, with the current policy having been amended as part of the City’s overall review of its Council policies, having regard to the recommendations of the Governance System Review (GSR) carried out by Mr John Woodhouse in 2017.

 

The Policy, which has been moved into the new policy template and updated to reference the current Australian Standard, is considered to be of continuing relevance and importance and is therefore recommended for Council approval.   It is recommended that the Policy be renamed also to simply Risk Management.

 

BACKGROUND

 

A policy in relation to risk management was originally adopted in May 2006, in order to demonstrate the City’s commitment to the development of a culture of risk based decision making aimed at the effective management of potential opportunities, and reduction of potential impacts of risk. Since then the current policy has been reviewed four times, most recently in 2016, with only minor changes made such as updating Shire to City.

               

STATUTORY ENVIRONMENT

 

In accordance with Section 2.7(2)(b) of the Local Government Act 1995 it is the role of the Council to determine the local government’s policies.  The Council does this on the recommendation of a Committee it has established in accordance with Section 5.8 of that Act.

 

In accordance with regulation 17 of the Local Government (Audit) Regulations 1996 (Regulation 17) the CEO is to review the appropriateness and effectiveness of a local government’s systems and procedures in relation to risk management, as well as internal control and legislative compliance.  The CEO is to report to the audit committee the results of that review at least once every three financial years.  A report in this respect was last provided in October 2016.

 

RELEVANT PLANS AND POLICIES

 

In August 2017 the CEO commissioned a high level independent review of the City’s governance systems - the GSR.   Included in the scope of the review was the City’s policy and procedure framework with the following recommendations made:

 

1.    There should be a review of the Council Policies with the intent that a Council Policy:

a.    Should deal with higher level objectives and strategies;

b.    Should not deal with operational matters, employee matters, or other matters which are the responsibility if the CEO; and

c.     Should, where appropriate provide sufficient direction to the CEO to develop OPPs which deal with the implementation of the Council Policy or other detailed matters.

2.    As part of that review, any existing Council Policy should be deleted where it could, more sensibly, be dealt with by an OPP adopted by the CEO.

3.    Consideration should be given to developing a new Council Policy which sets out the ‘framework’ for Council Policies, OPPs and other procedures.  The new Policy would explain the role to be played by each level of document.  It could, for example, be called a Policy Framework Policy.

 

In response a Policy Framework has been developed and endorsed by Council, setting out the intent of Council policies, as opposed to operational documents such as Staff Management Practices and operational procedures.  The Policy adheres to this framework.

 

As per the requirements of the Policy, the City has developed a risk management framework which was endorsed by the Senior Management Group in December 2017.  The framework outlines the City’s formal risk management system and processes for the management of risks.  Specifically it outlines:

·    The definition of risk and risk management

·    The City’s risk reference tables

·    The risk tolerance levels

·    The risk management processes and procedures

 

FINANCIAL IMPLICATIONS

 

Adoption of the Policy has no additional financial implications. 

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

Adoption of the Policy has no additional long term financial plan implications.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Policy links to Key Goal Area 6 of the City’s Strategic Community Plan 2017 and specifically the Community Objective 6.1: Governance systems, process and practices are responsible, ethical and transparent.

 

RISK ASSESSMENT

 

There are no risks identified of a medium or greater level associated with the Officer recommendation, with the Policy reiterating and maintaining Council’s strategic direction in relation to the management of risk.

 

CONSULTATION

 

No specific consultation was undertaken in relation to the review of the Policy.

 

OFFICER COMMENT

 

The purpose of the Policy is to recognise the importance of risk management and Council’s commitment to a culture of positive and pro-active risk management through the development and maintenance of appropriate and effective risk systems, frameworks and processes.   

 

While Regulation 17 requires that the CEO provide a report in relation to its risk management systems (inclusive of systems relating to internal control and legislative compliance), this Policy serves to strengthen that outlining a commitment to the development of a risk management framework based on the ISO 3100 Standard (current as of 2018) and for communicating and establishing risk management processes.

 

The Policy also outlines the role of the Audit Committee in relation to risk management.

 

Due to the Policy being transferred into the new policy template a tracked changes version is not provided.  The current policy is provided at Attachment B for reference.  The key changes relate to removing operational aspects such as responsibilities of the Senior Management Group, the Risk Management Committee, management and employees, and updating reference to the applicable Standard.

 

CONCLUSION

 

The Policy updates the current Organisation Wide Risk Management Policy and in doing so maintains Council’s strategic direction in relation to the development of a culture of risk based decision making directed towards the effective management of potential opportunities and reduction of potential impacts of risk.

 

OPTIONS

 

Council could decide not to adopt the Policy and instead choose to take a different positon / approach in relation to risk management.  Council could also require further amendments to the Policy. 

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The Policy will be effective as of its adoption by Council.

 

OFFICER RECOMMENDATION

 

That the Council adopts the revised Risk Management Policy as per Attachment A, to replace the current policy (Attachment B).

 


Policy and Legislation Committee

72

27 November 2018

6.6

Attachment a

Proposed Council Policy - Risk Management

 


 


Policy and Legislation Committee

74

27 November 2018

6.6

Attachment b

Current Council Policy - Organisation Wide Risk Management

 


 


Policy and Legislation Committee                                  78                                                          27 November 2018

6.7             REVIEW OF CORPORATE ATTIRE ENTITLEMENTS

SUBJECT INDEX:

Governance

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Governance Services

REPORTING OFFICER:

Manager Governance and Corporate Services - Sarah Pierson

AUTHORISING OFFICER:

Director Finance and Corporate Services  - Tony Nottle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Proposed Tracked Changes  

  

PRÉCIS

 

This report presents and seeks Council’s adoption of revised entitlements in relation to Elected Member corporate attire, with the proposed entitlements to be incorporated into the Council Policy - Fees Allowances and Expenses for Elected Members (the Policy), replacing clauses 5.25, 5.26, 5.27 and 5.28 of the Policy.

 

BACKGROUND

 

The Policy was updated in October 2018 to provide for improved clarity in relation to childcare reimbursements, travel reimbursements and reimbursements while Elected Members are away from home on sanctioned activities.

 

Officers additionally recommended some changes to corporate attire entitlements however Council resolved not to adopt those changes and to instead refer the relevant paragraphs of the Policy (5.25, 5.26, 5.27 and 5.28 of Attachment A) back to the Policy and Legislation Committee for further discussion.

 

At its meeting on 23 October 2018 the committee further discussed corporate attire expenses and it was agreed that Officers would table for consideration the outcomes of that discussion at the next Policy and Legislation Committee meeting.

 

STATUTORY ENVIRONMENT

 

In accordance with Section 2.7(2)(b) of the Local Government Act 1995 (the Act) it is the role of the Council to determine the local government’s policies.  The Council does this on the recommendation of a Committee it has established in accordance with Section 5.8 of that Act.

 

Section 5.98(2)(b) of the Act and Regulation 32 of the Local Government (Administration) Regulations 1996 provides that a Council member may be reimbursed for an expense of a kind prescribed where it has been approved by the local government and where it is incurred in performing a function in his or her capacity as a council member with the express authority of the local government. 

 

RELEVANT PLANS AND POLICIES

 

There are no plans or other policies relevant to this matter.

 

FINANCIAL IMPLICATIONS

 

Adoption of the Officer recommendation is expected to result in some minor cost savings and hence have a favourable (albeit small) impact on the City’s annual budget.

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

Adoption of the Officer recommendation will have a minor, favourable impact on the long term financial plan.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The proposed amendments to the Policy further support achievement of Key Goal Area 6 – Leadership of the City’s Strategic Community Plan 2017 and specifically Community Objective 6.1: Governance systems, process and practices are responsible, ethical and transparent.

RISK ASSESSMENT

 

There are no risks identified of a medium or greater level associated with the Officer recommendation, with the Policy providing improved clarity in relation to a number of reimbursements.

 

CONSULTATION

 

Officers reviewed the policies of the City of Stirling, City of Joondalup, City of Bunbury, Shire of Capel and Shire of Augusta-Margaret River in relation to Elected Member entitlements and, with the exception of the City of Joondalup, found no entitlement to the provision or reimbursement of corporate / business attire or expenses.

 

The City of Joondalup provides Elected Members with an optional Elected Member uniform (one jacket, two trousers/skirts and three shirts/blouses) and a Driz-a-bone jacket or similar.  Additionally Elected Members are entitled to an annual reimbursement limit of $1,170 (as at July 2018) for reimbursement of costs (outside of child care and travel costs) incurred as a result of performing their duties as an Elected Member. Specified expenses include:

 

·    business attire including footwear

·    dry-cleaning

·    stationery

·    paid tickets to social functions, meetings or events where the Elected Member has been invited by a written invitation and the organiser is a civic / cultural organisation or a stakeholder of the City of Joondalup.

 

OFFICER COMMENT

 

The Policy provides Elected Members with a range of branded corporate attire (with City logo) on being elected and an additional amount of $750pa for the purchase of business attire for each year of the election term.

 

Branded corporate attire consists of:

a.    corporate suit (male – Trousers and Jacket);

b.    corporate suit (female – Skirt, Dress, Pants and Jacket);

c.     corporate shirts/blouses etc.;

d.    casual/Light weight Fleecy Jacket;

e.    polo top;

f.     City tie/scarf.

 

 

 

Business attire is outlined as:

a.    business attire (which may consist of a suit, jacket and shirts/blouses);

b.    one pair of shoes (up to $150);

c.     dry cleaning and maintenance of corporate and business attire.

 

After discussion with the committee it is recommended that the Policy be amended to provide each Elected Member upon election or re-election with business attire as outlined below; with all items to be purchased from a City approved provider:

 

a.    1 x business suit (male – 2 x Trousers and 1 x Jacket; female – 2 x skirt, dress or pants and 1 x jacket)

b.    3 x corporate shirt / blouse

c.     1 x corporate casual / fleecy jacket (branded)

d.    1 x corporate polo shirt (branded)

e.    1 x corporate tie / scarf (branded)

f.     1 x pair of business shoes up to a value of $150

 

Additionally it is proposed that the cost of reasonable dry cleaning and maintenance costs be reimbursed.  Provided at Attachment A is a copy of the Policy with the proposed amendments shown in track changes.

 

The proposed amendments to the Policy aim to provide Elected Members with access to suitable attire to perform their functions, while ensuring a financially responsible approach.  It is recommended that the proposed amendments are effective as of 1 July 2019 to align with the budget cycle and to provide Elected Members with a period of transition.

 

CONCLUSION

 

Following discussion at the October Policy and Legislation Committee meeting, amendments are proposed in relation to Elected Member corporate attire expenses, with clauses 5.25, 5.26, 5.27 and 5.28 of the Policy being replaced as proposed in the Officer recommendation.

 

OPTIONS

 

Council could decide not to adopt the proposed amendments and leave the Policy unchanged or they could seek to make additional or different amendments.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

If adopted the Policy would be amended effective 1 July 2019.

 

OFFICER RECOMMENDATION

 

That the Council adopt the following to replace clauses 5.25, 5.26, 5.27 and 5.28 of the Council Policy Fees Allowances and Expenses for Elected Members, effective 1 July 2019:

 

5.25        Upon election or re-election, Elected Members will be entitled to the following   business attire:

a.    Business suit (male – 2 x Trousers and 1 x Jacket)

b.    Business suit (female – 2 x Skirt/Dress/Pant and 1 x Jacket)

c.     Business shirt / blouse – x 3

d.    Corporate (City branded) casual / light weight fleecy jacket – x 1

e.    Corporate (City branded) polo top – x 1

f.     Corporate (City branded) tie / scarf – x 1

g.    Business shoes – x 1 pair (up to a value of $150)

 

5.26        Elected Members will be reimbursed reasonable costs associated with the dry     cleaning and maintenance of issued business attire.

 

5.27        With the exception of business shoes, all items of business attire must be              purchased from the City’s approved provider.

 

                5.28        All items of business attire which are branded with the City of Busselton’s logo                                    should be returned to the City on expiry of office.

 

 

 


Policy and Legislation Committee

84

27 November 2018

6.7

Attachment a

Proposed Tracked Changes

 


 


 


 


 


 


 


Policy and Legislation Committee                                  87                                                          27 November 2018

6.8             PROPOSED COMMITTEE MEETING DATES 2019

SUBJECT INDEX:

Meeting Dates

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Governance Services

ACTIVITY UNIT:

Governance Services

REPORTING OFFICER:

Administration Officer - Governance - Kate Dudley

AUTHORISING OFFICER:

Director Finance and Corporate Services  - Tony Nottle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

  

PRÉCIS

 

This report is presented to enable the Policy and Legislation Committee to determine their meeting dates for the 2019 calendar year.

 

BACKGROUND

 

The Council of the City of Busselton establishes a standing committee known as the Policy and Legislation Committee (the Committee), under the powers given in Section 5.8 of the Local Government Act 1995 (the Act).

 

The Committee is established for the purpose of assisting the Council to undertake its role under Section 2.7(2)(b) of the Act, to determine the local government's policies, and its legislative function in accordance with Division 2 of Part 3 of the Act.

 

The Terms of Reference (TOR) for the Committee determines that the Committee must meet at least four times per year and report to Council once a quarter as a minimum.  In October 2015 the Committee resolved to meet monthly and a monthly meeting schedule was established. In February 2018 the Committee indicated a preference to meet on the third Tuesday of the month at 2.00pm.

 

STATUTORY ENVIRONMENT

 

The Local Government (Administration) Regulation 12 requires a committee that is to be open to members of the public or is proposed to be open to members of the public, to give local public notice of the dates, time and place at which the committee meetings are to be held in the next 12 months. Committee meeting dates are made available on the City’s website.

 

RELEVANT PLANS AND POLICIES

 

There are no relevant plans and policies associated with this matter.

 

FINANCIAL IMPLICATIONS

 

There are no financial implications associated with the Officer recommendation.

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

There are no Long Term Financial Plan implications associated with the Officer recommendation.


 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter principally aligns with Key Goal Area 6 – ‘Open and Collaborative Leadership’ and more specifically Community Objective 6.1 - ‘Governance systems, process and practices are responsible, ethical and transparent’.

 

RISK ASSESSMENT

 

There are no identified risks of a medium or greater level associated with the Officer recommendation.

 

CONSULTATION

 

Following the Committee’s adoption of a meeting cycle for the 2019 calendar year, and in accordance with the Regulation 12 of the Local Government (Administration) Regulations, the meeting dates for the next 12 months will be advertised for public information.

 

OFFICER COMMENT

 

In October 2015 the Committee resolved that the Committee would meet monthly. In February 2018 the Committee decided that they would meet on the third Tuesday of the month at 2.00pm. After reviewing the proposed Finance Committee 2019 meeting schedule and the adopted Council meeting dates for 2019, it is recommended that the Policy and Legislation Committee meet on the second Tuesday of the month at 2.00pm. This will enable reports from the two committees to alternate (in the main) on the Council agenda.  If the Policy and Legislation Committee meeting dates are scheduled for the third Tuesday of the month, both sets of reports will go to the same Council meeting.

 

Due to the Councillors break in January and July it is proposed that the Policy and Legislation Committee meet on the fourth Tuesday of those months. 

 

The proposed meeting dates are:

 

Tuesday, 22 January

Tuesday, 12 February

Tuesday, 12 March

Tuesday, 9 April

Tuesday, 14 May

Tuesday, 11 June

Tuesday, 23 July

Tuesday, 13 August

Tuesday, 10 September

Tuesday, 8 October

Tuesday, 12 November

 

CONCLUSION

 

It is considered appropriate to schedule the Policy and Legislation Committee meetings once a month on the second Tuesday of the month at 2.00pm and the proposed 2019 dates are reflective of this.

 

OPTIONS

 

The meeting date and time is determined by the Committee. The Committee may recommend a different day or time for the meetings to be held. 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The Policy and Legislation Committee meeting schedule for the 2019 calendar year will be advertised prior to the end of 2018.

 

 

OFFICER RECOMMENDATION

 

That the Committee adopts the following Policy and Legislation Committee meeting dates for 2019, to be held at 2.00pm in the Wonnerup Committee Room:

 

Tuesday, 22 January

Tuesday, 12 February

Tuesday, 12 March

Tuesday, 9 April

Tuesday, 14 May

Tuesday, 11 June

Tuesday, 23 July

Tuesday, 13 August

Tuesday, 10 September

Tuesday, 8 October

Tuesday, 12 November

 

  


Policy and Legislation Committee                                  88                                                          27 November 2018

7.               General Discussion Items  

8.               Next Meeting Date

                   Tuesday, 22 January (TBC)

9.               Closure



[1] http://www.itsanhonour.gov.au/symbols/docs/australian_flags_excerpt.pdf

[2] http://www.itsanhonour.gov.au/symbols/flag.cfm#network#network

[3] http://www.itsanhonour.gov.au/symbols/flag.cfm#network#network

[4] http://www.itsanhonour.gov.au/newsletter/subscriptionStart.cfm