Policy and Legislation Committee 4 24
February 2021
MINUTES
MINUTES OF Policy and Legislation Committee HELD IN THE Committee Room, Administration Building,
Southern Drive, Busselton,
ON 24 February 2021 AT 10.00am.
1. Declaration
of Opening, ACKNOWLEDGEMENT OF COUNTRY and Announcement of Visitors
The Presiding Member opened the meeting at 10.03am.
The Presiding Member noted this meeting
is held on the lands of the Wadandi people and acknowledged them as Traditional
Owners, paying respect to their Elders, past and present, and Aboriginal Elders
of other communities who may be present.
2. Attendance
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Presiding
Member:
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Members:
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Cr Ross Paine
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Cr Grant Henley
Cr Kate Cox
Cr Kelly Hick
Cr Lyndon Miles
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Officers:
Mr Tony Nottle, Director,
Finance and Corporate Services
Mr Paul Needham, Director,
Planning and Development Services
Mrs Tanya Gillett,
Manager Environmental Services
Mrs Emma Heys, Governance
Coordinator
Ms Melissa Egan,
Governance Officer
Apologies:
Nil
3. Public
Question Time
Nil
4. Disclosure
Of Interests
Nil
5. Confirmation
and Receipt Of Minutes
5.1 Minutes
of the Policy and Legislation Committee Meeting held 27 January 2021
10.06am: At
this time, Mr Nottle and Mr Needham entered the meeting.
6. Reports
6.1 REVIEW
OF COUNCIL POLICIES: BUSHFIRE POLICIES
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STRATEGIC
GOAL
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6. LEADERSHIP Visionary, collaborative, accountable
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STRATEGIC OBJECTIVE
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6.1 Governance systems, process and
practices are responsible, ethical and transparent.
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SUBJECT INDEX
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Council Policies
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BUSINESS UNIT
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Environmental Services
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REPORTING OFFICER
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Manager Environmental Services -
Tanya Gillett
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AUTHORISING OFFICER
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Director, Planning and Development
Services - Paul Needham
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NATURE OF DECISION
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Executive: Substantial direction
setting, including adopting budgets, strategies, plans and policies
(excluding local planning policies); funding, donations and sponsorships;
reviewing committee recommendations
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VOTING REQUIREMENT
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Simple Majority
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ATTACHMENTS
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Attachment a Proposed
Council Policy - Bush Fire Brigades⇩ 
Attachment b Current
Council Policy 32 - Bush Fire Brigade Grievance Process and Disciplinary
Action⇩ 
Attachment c Current
Council Policy 33 - Meetings of Bush Fire Brigades⇩
Attachment d Current
Council Policy 34 - Membership of Bush Fire Brigades⇩
Attachment e Current
Council Policy 35 - Qualifications of Bush Fire Brigade Officers⇩
Attachment f Current
Council Policy 36 - Roles of Bush Fire Brigade Officers⇩
Attachment g Current
Council Policy 40 - Bush Fire Brigade Accounting⇩
Attachment h Current
Council Policy 41 - Code of Conduct, Bush Fire Brigade Objectives and Values⇩ 
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OFFICER RECOMMENDATION
That the Council:
1. Acknowledge the
proposal to adopt the proposed Council Policy – Bush Fire Brigades
(Attachment A) and rescind the Council polices listed below and attached
(Attachments B-H):
a. 32 – Bush
Fire Brigade Grievance Process and Disciplinary Action;
b. 33 – Meetings
of Bush Fire Brigades;
c. 34 –
Membership of Bush Fire Brigades;
d. 35 –
Qualifications of Bush Fire Brigade Officers;
e. 36 – Roles of
Bush Fire Brigade Officers;
f. 40 – Bush
Fire Brigade Accounting; and
g. 41 – Code
of Conduct, Bush Fire Brigade Objectives and Values.
2. Acknowledge
the Policy and Legislation Committee support of the proposal contained in
recommendation 1.
3. Refers the
proposal contained in recommendation 1 to the Bush Fire Advisory Committee,
with the Bush Fire Advisory Committee to provide a recommendation to Council.
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Committee RECOMMENDATION
PL2102/385 Moved Councillor G Henley, seconded Councillor L
Miles
That
the Council:
1.
Do not adopt the proposed Council
Policy (Attachment A) and do not rescind the Council polices listed below and
attached (Attachments B-H):
a. 32 – Bush
Fire Brigade Grievance Process and Disciplinary Action;
b. 33 – Meetings
of Bush Fire Brigades;
c. 34 –
Membership of Bush Fire Brigades;
d. 35 –
Qualifications of Bush Fire Brigade Officers;
e. 36 – Roles of
Bush Fire Brigade Officers;
f. 40 – Bush
Fire Brigade Accounting; and
g. 41 – Code
of Conduct, Bush Fire Brigade Objectives and Values.
2.
Request officers to undertake a
detailed review of the Council policies (Attachments B-H) in consultation
with the Bush Fire Advisory Committee and return the policies to the Policy
and Legislation Committee at a later time.
3.
Acknowledge the current review of the State
Government bushfire framework which may have a future impact on Council
policies or local laws.
CARRIED 5/0
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Reasons: The
Committee requested a further review of the Council policies and consultation
with the Bushfire Advisory Committee before it would make a recommendation to
Council. The Committee also considered it to be prudent to determine the impact
of the outcomes of the State Government’s bushfire framework review on
these policies and any future local laws.
EXECUTIVE
SUMMARY
This report proposes the adoption of a
new Council Policy – Bush Fire Brigades, and the rescission of the
following current Council policies pertaining to Bush Fire Brigades:
a. 32
– Bush Fire Brigade Grievance Process and Disciplinary Action
b. 33
– Meetings of Bush Fire Brigades
c. 34
– Membership of Bush Fire Brigades
d. 35
– Qualifications of Bush Fire Brigade Officers
e. 36
– Roles of Bush Fire Brigade Officers
f. 40
– Bush Fire Brigade Accounting
g. 41
– Code of Conduct, Bush Fire Brigade Objectives and Values
It is considered
that the proposal should be considered by two Committees of Council, the Policy
and Legislation Committee and the Bushfire Advisory Committee; and as such this
report recommends that Council acknowledges the Policy and Legislation
Committee review of the Policy and proposal to rescind the current policies,
and further refer the proposal to the Bushfire Advisory Committee before the
Council makes a final decision.
BACKGROUND
In 2015, the
current Bush Fire Brigade Council Policies were adopted with the aim of
providing governance and operational direction across a variety of matters
pertaining to the City’s Bush Fire Brigades. The policies have not
been reviewed since that time.
During 2017, the City engaged Mr John Woodhouse who
produced a report entitled ‘Promoting Confidence: A Review of the City of
Busselton Governance Systems And Processes’. Within this report, Mr
Woodhouse recommended the following (bold text in original):
17.4 Local laws – Bush Fires – Recommendations
(1) The
Bush Fires Act 1954 not only empowers a local government to make local laws for
certain matters but also requires that certain matters are to be dealt
with by way of local laws.
(2) An
example of a power to make local laws is section 41(1) which provides:
“For the purpose of carrying out normal brigade
activities a local government may, in accordance with its local laws made for
the purpose, establish and maintain one or more bush fire brigades and may, in
accordance with those local laws, equip each bush fire brigade so established
with appliances, equipment and apparatus.”
(3) An
example of a requirement to make a local law is section 43 which provides:
“A local government which establishes a bush fire
brigade shall by its local laws provide for the appointment or election
of a captain, a first lieutenant, a second lieutenant, and such additional
lieutenants as may be necessary as officers of the bush fire brigade, and
prescribe their respective duties.” [Emphasis
added]
(4) Despite
this, the City has no local laws made under the Act.
(5) There
is a Council Policy but no local law.
(6) Consideration
should be given, therefore, to the preparation of suitable local laws under the
Bush Fires Act 1954.
The use of a Bush Fire Brigades
Local Law would most certainly streamline governance structures for the
Brigades and reduce the need for comprehensive Council Policies and Operational
Practices to be developed and implemented. At this stage, though, adoption of a
local law is not recommended – for reasons set out in ‘Officer
Comment’ below.
Further, Mr Woodhouse, in
relation to the City’s policy framework also recommended:
(7) 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.
(8) 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.
Accordingly,
review of the current policies has been undertaken.
OFFICER COMMENT
Currently within local government, Bush
Fire Brigades are either governed by Council policies, as per the City’s
current governance model, or local governments have adopted a version of a
‘Model Local Law’ developed some years ago.
In October 2019, WALGA advised
that the Minister for Emergency Services, the Hon Francis Logan MLA announced
the commencement of a review of the emergency management legislation, including
the Fire Brigades Act 1942, Bush Fires Act 1954 and Fire and
Emergency Services Act 1998. It is envisaged that the legislation will be
consolidated under a single Act. The existing legislation is, in substantial
part, quite dated, and it is fair to say that in many ways, it is no longer
‘fit-for-purpose’.
While it is
acknowledged that the drafting of new legislation is rarely a quick process,
the development of a local law under the current legislation is unlikely to be
a swift process either. With the announcement by the Minister that the
legislation review is imminent, and the need to review the City’s
policies with reasonable frequency (and also align them with the City’s
overall governance framework), it is at this stage recommended that the Council
adopt a new, higher level, integrated ‘Bush Fire Brigades’ Council
Policy, and that more detailed and / or operational elements of the existing
policies are incorporated instead into Operational Practices.
Council has
established a Policy and Legislation Committee and a Bush Fire Advisory
Committee, with both committees asked to review and provide recommendations to
Council in relation to the above proposal.
It should also be
noted that officers do not envisage that there will be any significant change
in terms of how Brigade governance functions at an operational level. There
may, at times in the future, be a need to update and refine operational
governance, and it is envisaged that consultation with the Bush Fire Advisory
Committee would occur as required.
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 policies. The Council
does this on recommendation of a Committee it has established in accordance
with section 5.8 of the Act.
The Bush Fires Act 1954
provides the City of Busselton the power to establish and maintain Bush Fire
Brigades.
The Council has, in accordance with
section 5.8 of the Act established a Bush Fire Advisory Committee, its role
being to provide advice to Council in regard to all matters relating to bush
fire control, prevention and management.
Relevant Plans and Policies
In response to the Governance
Services Review, the City developed a policy framework to clearly establish the
strategic nature and intent of Council policies, as opposed to operational
documents.
The proposed Council Policy –
Bush Fire Brigades, will replace the seven current Council Policies and a
series of Operational Practices will be drafted to provide for the operational
requirements to effect this Policy.
Financial Implications
There are no financial implications
associated with the officer recommendation.
Stakeholder Consultation
As per the officer recommendation,
consultation is recommended with the Bush Fire Advisory Committee before
Council makes a final decision in relation to this matter.
Risk Assessment
An assessment of the potential implications
of implementing the officer recommendation has been undertaken using the
City’s risk management framework, with risks assessed taking into account
any controls already in place. No risks of a medium or greater level have been
identified.
The governance measures currently
applied to the Bush Fire Brigades will not change in an operational sense but
will administratively align to the City’s requirements with respect to
policy and procedural documentation.
Options
As an alternative to the proposed recommendation the Council
could:
1. Retain the
seven Council Policies as listed above;
2. Make
changes to the proposed Council Policy – Bush Fire Brigades; or
3. Commence
preparation of a Local Law where it is applicable to the City’s
requirements; and
4. Rescind
the current 7 Council Policies as listed when the Local Law has been Gazetted.
CONCLUSION
Following a review of the current Bush
Fire Brigade policies, officers have determined that they are not strategic in
nature, and propose that a single Council Policy replace them. In
addition, Operational Practices will then be developed to administer the more
operational requirements of the brigades.
TIMELINE FOR IMPLEMENTATION OF
OFFICER RECOMMENDATION
Should the Officer Recommendation be
endorsed by the Council, the proposals contained within this report will be
referred to the next Bush Fire Advisory Committee meeting, with a further
recommendation presented by that Committee to Council.
Policy
and Legislation Committee 40 24
February 2021
10.32am: At
this time, Mrs Gillett and Mr Needham left the meeting.
6.2 REVIEW
OF COUNCIL POLICY: AASB 124 RELATED PARTY DISCLOSURES
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STRATEGIC
GOAL
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6. LEADERSHIP Visionary, collaborative, accountable
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STRATEGIC OBJECTIVE
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6.1 Governance systems, process and
practices are responsible, ethical and transparent.
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SUBJECT INDEX
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Council Policies
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BUSINESS UNIT
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Financial Services
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REPORTING OFFICER
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Manager Financial Services - Paul
Sheridan
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AUTHORISING OFFICER
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Director Finance and Corporate
Services - Tony Nottle
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NATURE OF DECISION
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Executive: Substantial direction
setting, including adopting budgets, strategies, plans and policies (excluding
local planning policies); funding, donations and sponsorships; reviewing
committee recommendations
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VOTING REQUIREMENT
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Simple Majority
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ATTACHMENTS
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Attachment a AASB 124 Related Party
Disclosures - Proposed Draft Policy⇩ 
Attachment b AASB
124 Related Party Disclosure - Current Policy⇩
Attachment c AASB
124 Standard - Related Party Disclosures⇩
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OFFICER
RECOMMENDATION
That the Council endorse the revised Council policy ‘AASB 124 – Related
Party Disclosures’ (Attachment A), to replace the current policy as per
Attachment B.
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Committee RECOMMENDATION
PL2102/386 Moved Councillor K Hick, seconded Councillor L
Miles
That the Council endorse the revised Council policy ‘AASB 124 – Related
Party Disclosures’ (Attachment A), to replace the current policy as per
Attachment B, inclusive of the following Committee amendments:
·
Clause 5.4(d) to be amended to read
“An external or internal auditor appointed by the City”;
·
Clause 5.4(e) to become “An Auditor
from the WA Auditor General’s Office; and
·
The addition of “KMP” in
parenthesis to clause 2.1 and the abbreviation “KMP” to replace
the words “Key Management Personnel” in clauses 5.2 and 5.3.
CARRIED
5/0
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Reasons: The
Committee recommended an amendment to clause 5.4(d) of the revised policy to
clarify the reference to the Auditor from the WA Auditor General’s Office
and one appointed by the City; and a minor administrative amendment to the
policy.
EXECUTIVE
SUMMARY
This report presents Council policy AASB
124 Related Party Disclosures (the Policy), which has been transferred into the
City’s updated policy template (Attachment A) and amended to provide for
a simple statement of compliance. The Policy is recommended for endorsement by
Council. The current policy is included at Attachment B for reference.
The Policy relates to the disclosure
of related party transactions, which all local governments are required to
disclose in annual financial reports, in accordance with AASB 124 Related Party
Disclosures (the Standard) as published by the Australian Accounting Standards
Board (Attachment C).
Changes to
the Standard in 2016 required that certain transactions of Key Management
Personnel – Council Members, the Chief Executive Officer and senior
management – must be detailed separately in the annual financial reports.
The Policy has been reviewed and
officers are recommending that the Policy be retained to support a culture of
compliance in line with Departmental and industry advice. In addition to the
Policy having being transferred into the updated Council policy template,
changes include the removal of content which is contained within the Standard
(and is best referred to there) and an overall refinement of the policy back to
a simple statement of the need to comply with the accounting standard.
OFFICER COMMENT
Under the Local
Government Act 1995 and the Local Government (Financial Management)
Regulations 1996, all local governments in Western Australia must produce
annual financial statements that comply with Australian Accounting
Standards.
The Australian Accounting Standards
Board determined that from 1 July 2016, AASB 124 Related Party Disclosures
applied to government entities, including local governments. The City is
required to disclose Related Party Relationships and Key Management Personnel
compensation in its Annual Financial Statements.
The purpose of the Policy is to
stipulate compliance with the Australian Accounting Standard AASB 124 –
Related Party Disclosures.
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 policies. The Council does this on
recommendation of a Committee it has established in accordance with section 5.8
of the Act.
The Local Government (Financial
Management) Regulations 1996 requires all local governments to produce
annual financial statements that comply with the Australian Accounting
Standards.
Australian Accounting Standard AASB
124 Related Party Disclosures applies to all government entities.
Relevant Plans and Policies
The City has a policy framework
which was developed and endorsed by Council in response to the recommendations
of the 2017 Governance Service. The framework sets out the intent of Council
policies, as opposed to operational documents such as Operational Practices.
AASB 124 Related Party Disclosures
sets out the definitions and requirements of disclosures all local governments
are required to make.
Financial Implications
There are no financial implications
associated with the officer recommendation.
Stakeholder Consultation
No external stakeholder consultation was
required or undertaken in relation to this matter.
Risk Assessment
An assessment of the potential
implications of implementing the officer recommendation has been undertaken
using the City’s risk management framework, with risks assessed taking
into account any controls already in place. No risks of a medium or greater
level have been identified.
Options
As an alternative to the proposed recommendation the Council
could:
1. Propose
amendments to the Policy; or
2. Propose
that the Policy be rescinded, noting that the requirements to comply with the
Standard exist and are outlined in regulation.
CONCLUSION
Council endorsement of the AASB 124 Related Party Disclosures
policy is being sought, with the Policy having been reduced to a statement of
the need to comply, and being transferred into the City’s updated policy
template (Attachment A).
TIMELINE FOR IMPLEMENTATION OF
OFFICER RECOMMENDATION
The Policy will be placed on the
City’s website within one week of adoption.
