agenda of finance committee - 27 march 2019ropergulf.nt.gov.au/wp-content/uploads/2019/03/fcm... ·...

AGENDA

FINANCE COMMITTEE

WEDNESDAY, 27 MARCH 2019

Notice is given that the next Finance Committee Meeting of the Roper Gulf Regional Council will be held on:

Wednesday, 27 March 2019 at

The Council Chambers

Roper Gulf Regional Council Headquarters

2 Crawford Street, Katherine

Commencing at 0830hrs Your attendance at the meeting will be appreciated. Sharon HILLEN ACTING CHIEF EXECUTIVE OFFICER

PLEDGE “We pledge to work as one towards a better future through effective use of all resources. We have identified these key values and principles of Honesty, Equality, Accountability, Respect and Trust as being integral in the achievement of our vision, that the Roper Gulf Regional Council is Sustainable, Viable and Vibrant”.

PRAMIS BLA WI “Mela pramis bla wek gudbalawei bla meigim futja bla wi wanwei, en bla yusim ola gudwan ting bla helpum wi luk lida. Mela bin luk ol dijlod rul, ebrobodi gada tok trubalawei, wi gada meik so wi gibit firgo en lisin misalp, abum rispek en trastim misalp bla jinggabat bla luk lida, Roper Galf Rijinul Kaunsul deya maindim en kipbum bla wi pramis , dum wek brabli gudbalawei, en im laibliwan”

Finance Committee 27 March 2019

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TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 PRESENT/STAFF/GUESTS

2 MEETING OPENED

3 WELCOME TO COUNTRY

4 APOLOGIES AND LEAVE OF ABSENCE

5 CALL FOR ITEMS OF GENERAL BUSINESS

6 QUESTIONS FROM THE PUBLIC

7 DISCLOSURE OF INTEREST

8 CONFIRMATION OF PREVIOUS FINANCE COMMITTEE MEETING MINUTES

8.1 Confirmation of Previous Minutes ..................................................................................... 5

9 BUSINESS ARISING FROM PREVIOUS MINUTES

9.1 Action List ....................................................................................................................... 12

10 INCOMING CORRESPONDENCE

10.1 Incoming Correspondence ............................................................................................. 14

11 OUTGOING CORRESPONDENCE

Nil

12 EXECUTIVE DIRECTORATE REPORTS

Nil

13 CORPORATE GOVERNANCE DIRECTORATE REPORTS

13.1 FINANCE - RGRC Budget Timeline for prepartion of 2019-2020 Annual Budget ........................................................................................................................................ 15

13.2 ICAC Mandatory Reporting ............................................................................................ 17 13.3 COUNCIL FINANCIAL REPORT AS AT 28 FEBRUARY 2019 ..................................... 26

14 COUNCIL & COMMUNITY SERVICES DIRECTORATE REPORT

Nil

15 COMMUNITY SERVICES DIRECTORATE REPORTS

15.1 Announcer Stand - Mataranka Sport & Recreation Grounds ......................................... 74

16 COMMERCIAL SERVICES DIRECTORATE REPORTS

16.1 Tender Assessment Panel Approvals - Borroloola Sports Court and Office Upgrade Projects ............................................................................................................ 76

16.2 Tender Assessment Panel - Ngukurr Playground & Shade Installation ......................... 78 16.3 Tender Assessment Panel – Road Reseal Project in Larrimah and Daly Waters ......... 80


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17 CLOSED SESSION

17.1 Confirmation of Previous Minutes - Confidential

The report will be dealt with under Section 65(2) (ciiii) of the Local Government Act 2008 and Regulation 8 of the Local Government (Administration) Regulations 2008. It contains information that would, if publicly disclosed, be likely to prejudice the interests of council or some other person.

17.2 2019 Meeting Calendar

The report will be dealt with under Section 65(2) (ciiii) of the Local Government Act 2008 and Regulation 8 of the Local Government (Administration) Regulations 2008. It contains information that would, if publicly disclosed, be likely to prejudice the interests of council or some other person.

17.3 Independent Member of the Finance Committee

The report will be dealt with under Section 65(2) (ciiii) (e) of the Local Government Act 2008 and Regulation 8 of the Local Government (Administration) Regulations 2008. It contains information that would, if publicly disclosed, be likely to prejudice the interests of council or some other person; AND information provided to the council on condition that it be keep confidential.

17.4 South-West Gulf Ward By-Election

The report will be dealt with under Section 65(2) (ciiii) (e) of the Local Government Act 2008 and Regulation 8 of the Local Government (Administration) Regulations 2008. It contains information that would, if publicly disclosed, be likely to prejudice the interests of council or some other person; AND information provided to the council on condition that it be keep confidential.

17.5 Records Management Obligations

The report will be dealt with under Section 65(2) (ciii) of the Local Government Act 2008 and Regulation 8 of the Local Government (Administration) Regulations 2008. It contains information that would, if publicly disclosed, be likely to prejudice the security of the council, its members or staff.

17.6 Ngukurr Local Authority

The report will be dealt with under Section 65(2) (ciii) (ciiii) of the Local Government Act 2008 and Regulation 8 of the Local Government (Administration) Regulations 2008. It contains information that would, if publicly disclosed, be likely to prejudice the security of the council, its members or staff; AND information that would, if publicly disclosed, be likely to prejudice the interests of council or some other person.

18 CLOSED SESSION

19 CLOSE OF MEETING


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CONFIRMATION OF PREVIOUS FINANCE COMMITTEE MEETING MINUTES

ITEM NUMBER 8.1

TITLE Confirmation of Previous Minutes

REFERENCE 797374

AUTHOR Ashleigh Anderson, Governance Officer RECOMMENDATION (a) That the Finance Committee adopts the previous minutes of the 30 January 2019

Finance Committee Meeting as a true and accurate record of that meeting and its decisions.

BACKGROUND The Finance Committee met on Wednesday 30 January 2019 at 0830hrs at the Roper Gulf Regional Council, Council Chambers at 2 Crawford Street, Katherine. Attached are the recorded minutes of that meeting. ISSUES/OPTIONS/SWOT Nil FINANCIAL CONSIDERATIONS Nil

ATTACHMENTS: 1 Finance Committee Meeting 2019-01-30 [793779].DOCX

Attachment 1 Finance Committee Meeting 2019-01-30 [793779].DOCX

Attachment 1

MINUTES OF THE FINANCE COMMITTEE MEETING # 1 OF THE ROPER GULF

REGIONAL COUNCIL MEETING HELD AT THE COUNCIL CHAMBERS ROPER GULF REGIONAL COUNCIL HEADQUARTERS

2 CRAWFORD STREET, KATHERINE ON WEDNESDAY, 30 JANUARY 2019 AT 08:30AM

PRESENT/STAFF/GUESTS

1.1 Elected Members

Mayor Judy MacFARLANE

Deputy Mayor Helen LEE

Councillor Samuel EVANS

Councillor Owen TURNER

1.2 Staff Sharon HILLEN – Acting Chief Executive Officer Marc GARDNER – Director of Commercial Services Virginya BOON – Acting Director of Council and Community

Services Lokesh ANAND – Chief Financial Officer Irenee McCREEVY – Acting Manager Governance, Corporate

Planning & Compliance Ashleigh ANDERSON – Governance Officer (minute taker)

1.3 Guests

Amanda Haigh – Regional Manager – Department of Housing and Community Development

MEETING OPENED

Meeting opened at 0839hrs

WELCOME TO COUNTRY

The Pledge was read and the Mayor welcomed Committee Members, Staff and Guests.

APOLOGIES AND LEAVE OF ABSENCE 4.1 APOLOGIES

1/2019 RESOLVED (Samuel EVANS/Owen TURNER) Carried

(a) That the Finance Committee does not accept the Apologies of Councillor Ossie

Daylight.


Attachment 1

DISCLOSURES OF INTEREST There were no declarations of interest at this Finance Committee. CONFIRMATION OF PREVIOUS FINANCE COMMITTEE MEETING MINUTES 8.1 CONFIRMATION OF PREVIOUS MINUTES

2/2019 RESOLVED (Helen LEE/Owen TURNER) Carried (a) That the Finance Committee adopts the previous minutes of the 28 November

2018 Finance Committee Meeting as a true and accurate record of that meeting and its decisions.

BUSINESS ARISING FROM PREVIOUS MINUTES 9.1 ACTION LIST

3/2019 RESOLVED (Samuel EVANS/Helen LEE) Carried (a) That the Finance Committee receives and notes the action list. INCOMING CORRESPONDENCE 10.1 INCOMING CORRESPONDENCE

4/2019 RESOLVED (Samuel EVANS/Owen TURNER) Carried (a) That the Finance Committee receives and notes the incoming correspondence. OUTGOING CORRESPONDENCE 11.1 OUTGOING CORRESPONDENCE

5/2019 RESOLVED (Helen LEE/Owen TURNER) Carried (a) That the Finance Committee receives and notes the outgoing correspondence. EXECUTIVE DIRECTORATE REPORTS Nil

CORPORATE GOVERNANCE DIRECTORATE REPORTS 13.1 FIN019 - PROCUREMENT POLICY

6/2019 RESOLVED (Helen LEE/Samuel EVANS) Carried (a) That the Finance Committee adopts the new Procurement Policy. 13.2 URAPUNGA LOCAL AUTHORITY PROJECT FUNDING

7/2019 RESOLVED (Owen TURNER/Samuel EVANS) Carried (a) That the Finance Committee sign and seal the 2018-19 agreement for Local


Attachment 1

Authority Project Funding for the Urapunga Local Authority. 13.3 GRANT FUNDING ARRANGEMENTS

8/2019 RESOLVED (Owen TURNER/Helen LEE) Carried (a) That the Finance Committee accept the variation to the Community Home

Support Program by signing, dating, and affixing the Common Seal to one copy of the Deed of Variation;

(b) That the Finance Committee accept the funding offer of $51,600 (GST Exclusive) for the Ngukurr Sport and Recreation Precinct Master Plan, by signing, dating, and affixing the Common Seal to one copy of the Agreement;

(c) That the Finance Committee accept two variations to the School Nutrition

Program, for total funding of $381,914 (GST Exclusive), by signing, dating, and affixing the Common Seal to one copy of the Deed of Variation;

(d) That the Finance Committee accept the variation to the Indigenous Youth Reconnect Program, by signing and dating one copy of the Deed of Variation;

(e) That the Finance Committee accept Community Child Care Funding variation, by signing, dating, and affixing the Common Seal to one copy of the Deed of Variation.

13.4 FINANCE - RGRC FINANCIAL REPORT AS AT 31 DECEMBER 2018

9/2019 RESOLVED (Samuel EVANS/Owen TURNER) Carried (a) That the Finance Committee receives and notes the financial reports as at 31

December 2018.

13.5 CAPITAL EXENDITURE - FLEET PURCHASES


(a) That the Finance Committee approves the reallocation of unspent funds from

proposed Capex Fleet to be purchased in this report, to be used for the purchase or a Backhoe which has come in at $8,500 over the allocated budget;

(b) That the Finance Committee approves the following Purchases of Capital Fleet items as per the Capital Expenditure Budget:

4x Front End Loaders from Forklift Solutions;

1x Backhoe from Forklift Solutions;

1x Telehandler from Forklift Solutions. COUNCIL & COMMUNITY SERVICES DIRECTORATE REPORT 14.1 LARRIMAH BORE FINANCIAL IMPLICATIONS

11/2019 RESOLVED (Owen TURNER/Helen LEE) Carried (a) That the Finance Committee receives and notes the report on the Larrimah Bore

situation at the 30 January 2019 meeting. COMMUNITY SERVICES DIRECTORATE REPORTS Nil


Attachment 1

COMMERCIAL SERVICES DIRECTORATE REPORTS 16.1 2 CRAWFORD ST UPDATE JANUARY 2019

12/2019 RESOLVED (Helen LEE/Samuel EVANS) Carried (a) That the Finance Committee receives and notes the below report outlining

updates on 2 Crawford Street project. 16.2 TENDER SELECTION PANELS FOR UPCOMING PROJECTS

13/2019 RESOLVED (Owen TURNER/Samuel EVANS) Carried That the Finance Committee approves the following persons for the tender assessment panels for the Borroloola Multi-purpose Courts and the Ngukurr Oval Light projects:

• Chief Executive Officer • Director Commercial Services • Manager Contracts • Projects Coordinator

MEETING ADJOURNED AT 1008HRS MEETING RESUMED AT 1015HRS BUSINESS ARISING 17.1 Terms of Reference


(a) That the Finance Committee receives and notes the review of the Roper Gulf Regional Council Finance Committee Terms of Reference;

(b) That the Finance Committee approves the release of an expression of interest for the Independent Member of the Finance Committee.

Action: Report to OCM on the adequacy of the current insurance coverage. Action: Amend the Financial Delegations Manual to incorporate the Finance Committees role in the awarding of tenders and major contracts. Mayor Judy MacFARLANE left the meeting, the time being 1038hrs Mayor Judy MacFARLANE returned to the meeting, the time being 1041hrs

17.2 2019 Calendar

15/2019 RESOLVED (Samuel EVANS/Helen LEE) Carried

(a) That the Finance Committee approves the 2019 Meeting Calendar as amended. 17.3 Toilet Blocks – Mataranka Sports and Recreation

16/2019 RESOLVED (Helen LEE/Samuel EVANS) Carried

(a) That the Finance Committee have designs and costings to put before the Ordinary Meeting of Council on 27 February 2019.


Attachment 1

17.4 Restructure of CDP Mechanical Activity Supervisor - Numbulwar

17/2019 RESOLVED (Helen LEE/Owen TURNER) Carried

(a) That the Finance Committee approves the changes to the staff plan in respect to the CDP Mechanical Activity Supervisor at Numbulwar to reflect the changes approved in Councils budget amendments, approved by the Councils Finance Committee in November 2018.

QUESTIONS FROM THE PUBLIC ADJOURNED FOR MORNING TEA AT 1109HRS CLOSED SESSION 20.1 MOVE TO CONFIDENTIAL


(a) That the Finance Committee moves into the confidential session. Members of the press and public be excluded from the meeting of the Confidential Session and access to the correspondence and reports relating to the items considered in accordance with Section 65(2) of the Local Government Act, as the item lists come with the following provisions:- 20.1 Confirmation of Previous Confidential Minutes – This report will be dealt with under Section 65(2) (ciiii) of the Local Government Act 2008 and Regulation 8 (c) (iv) of the Local Government (Administration) Regulations 2008. It contains information that would, if publically disclosed, be likely to prejudice the interests of council or some other person. 20.2 Barunga Sports Oval Lighting Tender Number: ROPER-834916 – This report will be dealt with under Section 65(2) (ci) (cii) (ciii) (e) of the Local Government Act 2008 and Regulation 8 (c) (iv) of the Local Government (Administration) Regulations 2008. It contains information that would, if publically disclosed, be likely to cause commercial prejudice to, or confer an unfair commercial advantage on any person; AND information that would, if publically disclosed, be likely to prejudice maintenance or administration of the law; AND information that would, if publically disclose, by likely to prejudice the security of the council, its members or staff; AND information provided to the council on condition that it be kept confidential. 20.3 Finance – 2017-18 Management Letter by the External Auditors – This report will be dealt with under Section 65(2)(e) of the Local Government Act 2008 and Regulation 8 (c) (iv) of the Local Government (Administration) Regulations 2008. It contains information provided to the council on condition that it be kept confidential. 20.4 Finance – Rates Exemption – This report will be dealt with under Section 65(2)(b) of the Local Government Act 2008 and Regulation 8 (c) (iv) of the Local Government (Administration) Regulations 2008. It contains information about the personal circumstances of a resident or ratepayer. 20.1 CONFIRMATION OF PREVIOUS CONFIDENTIAL MINUTES

19/2019 RESOLVED (Owen TURNER/Helen LEE) Carried

(a) That the Finance Committee adopts the previous minutes of the confidential

session of the 28 November 2018 Finance Committee Meeting as a true and accurate record of that meeting and its decisions.


Attachment 1

20.2 BARUNGA SPORTS OVAL LIGHTING TENDER NUMBER: ROPER-834916


(a) That the Finance Committee endorses the awarding of tender ROPER-834916 –

The Barunga Sporting Oval Lights to All Regions Electrical for the value of $530,000.00.

20.3 FINANCE - 2017-18 MANAGEMENT LETTER BY THE EXTERNAL AUDITORS

21/2019 RESOLVED (Helen LEE/Samuel EVANS) Carried

(a) That the Finance Committee receives and notes the 2017-18 Management

Letter. 20.4 FINANCE - RATES EXEMPTION


(a) That the Finance Committee approves the rates exemption request from

Sunrise Health Service Aboriginal Corporation. 20.5 MOVE OUT OF CONFIDENTIAL

23/2019 RESOLVED (Owen TURNER/Samuel EVANS) Carried

(a) That the Finance Committee moves out of the Confidential Session.

CLOSE OF MEETING The meeting terminated at 1154hrs THIS PAGE AND THE PRECEEDING PAGES ARE THE MINUTES OF THE Finance Committee HELD ON Wednesday, 30 January 2019 AND CONFIRMED Wednesday, 27 March 2019.

Mayor Judy MacFARLANE


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BUSINESS ARISING FROM PREVIOUS MINUTES

ITEM NUMBER 9.1

TITLE Action List

REFERENCE 798799

AUTHOR Ashleigh Anderson, Governance Officer RECOMMENDATION (a) That the Finance Committee receives and notes the Action List.

BACKGROUND

Date

Meetin

g

Item

Description

Comment

Sta

tus

Update

29-A

ug-1

8

FC

M

17.4

Borroloola Sports Courts (Lot 644)

Borroloola Sports Courts – Project Update

In P

rogre

ss

See report in FCM Agenda 27.3.19 – tender assessment panel approval, tenders released in April 2019. Tender award at OMC on 17 April 2019.

28-N

ov-1

8

FC

M

9.1

Playgrounds The Council were to focus their resources on the playgrounds at Jilkminggan, Ngukurr, Robinson River and Mullgan Camp.

In P

rogre

ss

Jilkminggan – quotations sought for installation Ngukurr – Tender to be awarded at OMC April 2019. Construction of second playground to be undertaken as part of this project. Robinson River – Discussing with Mungoorbada A/C regarding location and implementation. Mulggan Camp – Will be installed and part of housing upgrade project. Expected May/June 2019.

28-N

ov-

18

FC

M

12.1

Mataranka Oval Lighting The Council are to seek funding from external sources for the installation at a later date. +

Ongoin

g

REPORT IN OCM AGENDA – APRIL 2019

30 J

an 1

9

FC

M

14.1

Larrimah Bores Council to Investigate Bores to determine issues

In P

rogre

ss

08.03.19 – Currently organizing a technician to visit site to investigate.

30 J

an 1

9

FC

M

17.1

Independent Member – Finance Committee

Council to appoint Independent Member

Com

ple

ted

Report in Agenda


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30 J

an 1

9

FC

M

17.3

Toilet Blocks – Mataranka Sports and Recreation

Project Update Ongoin

g

REPORTED TO OMC ON 27.02.19. Not in budget and deferred to 2019/20 budget considerations. Temporary Hire of ablutions for Never Never Festival in May 2019 being organised.

ISSUES/OPTIONS/SWOT Nil FINANCIAL CONSIDERATIONS Nil

ATTACHMENTS: There are no attachments for this report.


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INCOMING CORRESPONDENCE

ITEM NUMBER 10.1

TITLE Incoming Correspondence

REFERENCE 806251

AUTHOR Ashleigh Anderson, Governance Officer RECOMMENDATION (a) That the Finance Committee receives and notes the incoming correspondence.

Item No

Date Received

Sender Addressed To Correspondence Details

InfoXpert ID

1 04.03.19 Lachlan BENSON A/CEO

Mayor Australian Logistics Council Northern Australia Working Group

797763

2 12.03.19 Jamie CHALKER CEO

Director Commercial Services

Update on Expiring Contract No SK5863/14 HMO

799169

3 12.03.19 Jamie CHALKER CEO


Update on Expiring Contract No SK5892/14

799168

4 11.03.19 Maree De LACEY ED

Acting Chief Executive Officer

Energy Efficiency and Sustainability Grant 2018-19

799083

ATTACHMENTS:


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CORPORATE GOVERNANCE DIRECTORATE REPORT

ITEM NUMBER 13.1

TITLE FINANCE - RGRC Budget Timeline for prepartion of 2019-2020 Annual Budget

REFERENCE 797216

AUTHOR Lokesh Anand, Chief Financial Officer RECOMMENDATION (a) That the Finance Committee receives and notes the 2019-2020 Budget

Preparation Timeline.

BACKGROUND As per the Local Government Act, a Council must adopt the Annual Budget before 31 July every year. The budget preparatory schedule is attached for the preparation of the 2019-2020 Annual Budget. ISSUES/OPTIONS/SWOT

Roper Gulf Regional council Budget Preparation Schedule Financial Year 2019-2020

ID Task Name Start Date End Date Duration (Days)

1

Carried Forward and Budget Rollover Processes - Preparatory Work 12/02/2019 18/02/2019 6

2 Budget Reviews - HQ based managers 19/02/2019 08/03/2019 17

3 Budget Reviews - community based managers (Area managers) 20/02/2019 15/03/2019 23

4 Entering & Verifying Budgets in the system 18/03/2019 29/03/2019 11

5 2019-2020 1st draft budget review - SLT Sessions 02/04/2019 03/04/2019 1

6 1st round budget amendments 04/04/2019 15/04/2019 11

7 Update Budget Progress at OMC 16/04/2019 17/04/2019 1

8 2019-2020 Negotiating process 18/04/2019 08/05/2019 20

9 Making the changes in the system as per discussions 08/05/2019 16/05/2019 8

10 2019-2020 2nd Draft Review - SLT 16/05/2019 17/05/2019 1

11 Incorporate necessary changes as per SLT 17/05/2019 28/05/2019 11

12 Present 2nd draft budget to FCM 29/05/2019 29/05/2019 0

13 Changes if needed to be made 30/05/2019 13/06/2019 14

14 Presentation Final Draft to SLT 14/06/2019 15/06/2019 1


16 Presentation of Budget to ACM 19/06/2019 19/06/2019 0


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18 Presentation & Adoption of Budget 25/06/2019 26/06/2019 1

17 Up for Consultation 27/06/2019 19/07/2019 22


19 Final Adoption of Budget 24/07/2019 24/07/2019 0 FINANCIAL CONSIDERATIONS Nil

ATTACHMENTS:


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ITEM NUMBER 13.2

TITLE ICAC Mandatory Reporting

REFERENCE 803427

AUTHOR Cristian Coman, Manager - Governance and Corporate Planning RECOMMENDATION (a) That the Finance Committee receives and notes the ICAC Mandatory Reporting

Guidelines.

BACKGROUND The Independent Commission Against Corruption (ICAC) was introduced to the Territory in November 2018. Since establishing itself, the Commissioner has issued instructions for all public bodies pertaining to mandatory reporting of alleged or known misconduct / corruption. ISSUES/OPTIONS/SWOT These instructions are mandatory and apply to Council. The Department of Local Government, Housing and Community Development (DLGHCD) newsletter reminds Council to promulgate these requirements. FINANCIAL CONSIDERATIONS Nil

ATTACHMENTS: 1 ICAC Mandatory Reporting.docx 2 ICAC Protections.docx

Attachment 1 ICAC Mandatory Reporting.docx

Attachment 1

Mandatory Reporting Directions and Guidelines

for public officers, public bodies and the community

pursuant to section 22 of the Independent Commissioner Against Corruption Act


Attachment 1

Mandatory Reporting Directions and Guidelines for public officers, public bodies and the community pursuant to section 22 of the Independent Commissioner Against Corruption Act Introduction 1. The object of the Independent Commissioner Against Corruption Act 2017 (NT) (ICAC Act) is to

address wrongdoing in, or connected with, public administration.1 2. The ICAC Act states that the Independent Commissioner Against Corruption (ICAC) must issue,

and keep under review, directions and guidelines governing the reporting to the ICAC of improper conduct.2

3. The directions and guidelines contained herein:

a) set out the requirements for a public body, public officer or the community to report suspected improper conduct, including the threshold for what ‘suspected’ encompasses3

b) set out how suspected improper conduct must still be reported to the ICAC, even if they have already been reported to another public body or public officer (for example, the Ombudsman or Northern Territory Police Force).4

4. All references refer to the Northern Territory (NT) unless otherwise stated.

Reporting Rights

5. Any member of the community or a community organisation not captured within the definition of public body or public officer may report suspected improper conduct at any time while

Mandatory Reporting Obligations 6. This section of the Mandatory Reporting: Direction and Guidelines must be read in conjunction

with the directions below – Whistleblower Protection Guidelines and Directions.

7. Public officers and public bodies have mandatory reporting obligations. That is, they must report suspected improper conduct.

8. The Public Officers are separately defined in the ICAC Act.5 They are:

a) a minister; b) an Member of the Legislative Assembly; c) a judicial officer; d) the holder of an office established under an Act who is appointed by the Administrator or a

minister; e) a member, officer or employee of a public body;

1 s3. 2 s22(1). 3 s22(2)(a)-(b). 4 s22(2)(c). 5 s16(2)(a)-(f).


Attachment 1

f) any other person engaged, whether under the Contracts Act or otherwise, by or on behalf of a person mentioned in paragraphs (a) to (e) in relation to the performance of official functions.

Note the broad descriptions of ‘public officer’ under (e) and (f). If you are such a person associated with a ‘public body’ as set out below, you are a public officer for the purposes of these directions. If you are associated with a non-government organisation (NGO), for example, as a member, an officer, or an employee, then you have an obligation under these directions if you receive NT funds. Public officers have obligations separate from, and in addition to, any obligations that a public body has to report corrupt conduct.

9. All public bodies must report suspected improper conduct to the ICAC.6

10. A ‘public body’ is each of the following: 7 a) an Agency; b) a local government council; c) the Police Force; d) a court; e) a board, commission, tribunal or other body established under an Act that has judicial or

quasi-judicial functions in the performance of its deliberative functions; f) a body, whether incorporated or not, established under an Act; g) a body whose members, or a majority of whose members, are appointed by the

Administrator or a minister; h) a government owned corporation; i) a nursing home; j) a public hospital; k) a university; l) any other body, whether incorporated or not:

i. that receives, directly or indirectly, public resources; or ii. performing a public function on behalf of the Territory, a public body or a public officer

(whether under contract or otherwise).

11. Note the broad definition of a ‘public body’. It includes any body (whether incorporated or not) which receives public resources.

12. ‘Public resources’ are defined as:8 a) money, assets and infrastructure of the Territory or a public body; or b) intellectual property of, and licences held by, the Territory or a public body; or c) human resources of the Territory or a public body or public officer; or d) any other resources of, or available to, the Territory or a public body or public officer,

including resources held under trust. 13. If you receive any of these resources as a result of a contract with a public body, then the

resources that you receive become public resources.9

6 s22(2)(a) and s22(5)(a). 7s16(1) (a)-(l). 8 s14(1)(a)-(d). 9 s14(2).


Attachment 1

14. If you receive public resources as a result of a contract with a public body or public officer, then you become a public body for the purposes of the mandatory reporting.10 You may be, for example, an NGO, a contractor, a consultant, or a sporting club. Your obligation to report improper conduct applies if you receive public assistance.

15. If you are an employee of such a public body, you must report suspected improper conduct. 16. A public officer or public body must report improper conduct to the ICAC, even in the event that

it has already been referred to another public body or public officer, including but not limited to, the Ombudsman, the Auditor-General or the Northern Territory Police Force.11

17. A public officer of a public body must report improper conduct to the ICAC, unless the public

officer or public body knows, for a fact, that the conduct has already been report to the ICAC. This does not prevent the making of potentially second reports of the same conduct if the public officer or public body is not convinced, as a matter of fact, that the conduct has indeed already been reported to the ICAC.

18. A public officer or public body must report improper conduct as soon as practicable after the

public body or public officer forms a reasonable suspicion as to the conduct. With respect to what constitutes a reasonable suspicion, refer to ‘Improper conduct and the threshold for reasonable suspicion’ below.

19. A report of improper conduct by a public officer or public body must include:

a) the details of the matter that the public officer or public body suspects is improper conduct; b) the identity of all persons and entities (whether public officers, public bodies or otherwise)

suspected of having been involved in the suspected improper conduct; c) how the suspected improper conduct became known to the public officer or public body; d) any evidence that may be relevant to the suspected improper conduct, such as

documentation; and e) the names of any persons that who can give evidence relevant to the suspected improper

conduct.

20. A report of improper conduct should be made via the ICAC website, or through pre-determined reporting channels made in agreement between the ICAC and public bodies (see below – nominated recipient).

What should I be reporting? 21. Section 22 requires mandatory reporting of ‘suspected improper conduct’

22. You may have a concern that you have seen something happen which is suspicious and may be

improper conduct. That may raise two questions in your mind:

I. Should I act only on a suspicion? II. What level of certainty must I have about it being improper conduct?

23. The explanation is as follows: 10 s14. 11s22(2)(c).


Attachment 1

a) The ICAC directions may set out the circumstances that constitutes reasonable suspicion.12 A

reasonable suspicion is not raised just by someone’s appearance or behaviours. A suspicion arises when there is something out of place, or inappropriate about someone’s appearance or behaviour. The reasonable suspicion arises from the facts surrounding the appearance or behaviour.

b) Therefore, a reasonable suspicion that you should report is one where there is one fact or more upon which your suspicion is based.

c) You need not be convinced about the behaviour. At the other end of the scale, your belief must be more than speculation on your part.

d) The better course of action for you is that, if you have a doubt, nevertheless report it. The Office of the ICAC can then deal with it.

You are the eyes and the ears of the ICAC.

Misleading Reports 24. There are three important things you must consider:

I. If you provide information that you know to be misleading, or believe it to be misleading,

you are not protected by the whistleblower protection, as it is not a ‘protected action’.13 II. If you provide information, for it to be a ‘protected communication’, it:

i. must comply with these directions made under section 22. If you report something where you do not have a proper suspicion, then it is not a report under section 22; and

ii. must be something you believe on reasonable grounds to be true.14 III. If you intentionally give misleading information to a person acting in an official capacity

(including but not limited to, the ICAC, an authorised person, or a person in your department designated to receive report) and you know it to be misleading, then you commit an offence under the ICAC Act, where the maximum penalty is imprisonment for 2 years, or 400 penalty units.

25. Something may be misleading because you report information that you know is not true.

26. It may also be misleading because you choose to omit something which is important to the facts.15

27. If you have something in a document that is untrue, then you have an obligation to point that

part out.16 If you point out the part or parts of a document that are misleading, then no offence is committed.

12s22(2)(b). 13 S92. 14 S93(1). 15 S154(1). 16 S 154(2).

Attachment 2 ICAC Protections.docx

Attachment 2

Whistleblower Protection Guidelines and Directions

pursuant to section 96 of the Independent Commissioner Against Corruption Act


Attachment 2

Whistleblower Protection Guidelines and Directions pursuant to section 96 of the Independent Commissioner Against Corruption Act 1. A person has a right to make a voluntary protected communication about improper conduct.

The communication may be oral or written. That communication becomes a protected communication and their action in telling you is a protected action under Part 6 Division 1 of the Act.

2. The ICAC must give directions and guidelines to the person who will receive the communication on how to deal with it.

3. If you are the person responsible for the management or control of a public body, then you

should appoint a nominated recipient for the public body.

4. Such a person should be a public officer and have the skills and training to deal with the role given the requirements for confidentiality and protection for the whistleblower.

5. When such a responsible person is nominated, the nomination:

a) must be in writing; b) must specify the duration of the appointment; c) may be for a person nominated for more than one public body, and not necessarily from

your public body; d) must be notified to the ICAC, including the expiry date of the appointment; e) if it has been revoked or if it expires, that fact must be reported to the ICAC.

6. The nominations should be known to every public officer within your public body, including the

contact details of that person.

7. If there is no such person nominated to receive a voluntary protected communication, then every person who may receive such a communication must apply the following;

a) the public body has the primary responsibility for providing protection and support to

whistleblowers;17

b) the ICAC has the responsibility to provide guidance to a public body on how to protect the whistleblower. But if that protection is not forthcoming then the ICAC’s role is to take action;18

c) the identity of a protected person must be kept confidential;

d) you are to known and understand the Model Litigant Policy prepared by the Solicitor for the

Northern Territory, and apply those principles to the receipt of a protected communication;

e) you must receive the communication, whether or not it is anonymous, and whether or not it is oral or in writing;

f) you must immediately take steps to minimise the risk of retaliation against the person who made the communication;

17 S91(1)(a) 18 S91(1)(b)


Attachment 2

g) you must give to the person who made the communication, and as soon as practicable after receiving the communication, a notice setting out the following:

i. a statement saying you have received the report;

ii. the date you received the report;

iii. your understanding of the content of the report;

iv. a statement saying it is a protected communication; and

v. information about the role of the ICAC and the ICAC’s contact details.

8. The notice should also attach Schedule 2 of the Act.

9. You are excused from this seventh direction if you cannot find the person who made the

communication after reasonable efforts to do so.

10. You must report the communication to the ICAC as soon as reasonably practicable.


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ITEM NUMBER 13.3

TITLE COUNCIL FINANCIAL REPORT AS AT 28 FEBRUARY 2019

REFERENCE 806014

AUTHOR Lokesh Anand, Chief Financial Officer RECOMMENDATION (a) That the Finance Committee receives and notes the financial reports as at 28

February 2019.

BACKGROUND

Attached are the council’s financial reports as at 28 February 2019, including:

Balance Sheet;

Income and expenditure report by service group;

Income and expenditure report by account category;

Cash-at-bank Statement and 12-month graph on cash balances; and

Expenditure reports for all communities.

The balance sheet has been prepared as per prevailing accounting standards, practice and in compliance with the applicable Local Government Act. Revenue and Expenditure statement as at end of February 2019 shows a surplus of $18.4M and an effective surplus of $9.5M after deducting carried forward balance. Our bank balance as at 28 February is $ 32.3 M. The preparation for Annual Budget 2019-20 has commenced and the first draft of this budget will be presented at the next ordinary council meeting. The external auditors will be coming in June for interim audit and in September for final audit. ISSUES/OPTIONS/SWOT

Interpretation of Debtors and Creditors Debtors The summary below shows the amount of debtors outstanding for the current and the prior month. See attached: Aged Analysis – Detailed Report – Accounts Receivable 28 February 2019. As at 28 February 2019, $142,126.29 is outstanding. Comparatively, at 31 January 2019, the total debt outstanding was $240,571.59. During this month, debtors have shown an overall decrease from January to February by $98,445.30.


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AR Age Analysis

Debtors Jan-19 Feb-19

Current 133,456.75 55.43% 147,350.65 92.18%

Over 30 days 1,680.02 0.70% 885.35 0.55%

Over 60 days 95,308.10 39.58% 240.00 0.15% Over 90 days 10,330.00 4.29% 11378.10 7.12% 240,774.87 100.00% 159,854.10 100.00% Less: Unapplied Credits 203.28 17,727.81 Total Actual Outstanding 240,571.59 142,126.29


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Top 10 AR Debtors – February - 2019

A/c Description Balances Status Reason

00328 Power And Water 85,681.77 Current Monthly ESO Invoice

00982 Binjari Community 14,265.00 Current Rent for accommodation at Bulman Lot 30 or Mar-19

01498 West Arnhem 8,593.93 Current Transfer of accrued service leave for Nathan Mclvor

00121 DIPL – General 6,954.08 Current

Litter collection of Central Arnhem & Mataranka, Aerodrome Maintenance for Feb-19.

01451 Bio Gen Solutions 5,600.00 >90 days

Accommodation services - Submitted information to Debt Recovery – Company in Liquidation.

01443 Woodhill & Sons 4,520.00 >90 days

Commercial Dumping-Company lost project with DIPL and is unable to pay any suppliers until they recover the money. Entity went into liquidation.

00377 Traditional Credit Union 2,700.00 Current Rent for Numbulwar and Ngukurr for Feb-19

01480 Amy Brown 2,693.75 Current Service & Repair – Vehicle – Hilux

00120 DIPL 2,196.78 Current Medivac at Borroloola in Feb-19

01229 Kungfu Enterprises 1,540.00 Current Rent for Ngukurr from 13-2-19 to 12-3-19

Total 134,745.31

Rates & Refuse Outstanding – February 2019

Year Financial Year Total Balance Percentage of Total owing

08/09 Balance 25,571.88 10.45%

09/10 Balance 3,699.20 1.51%

10/11 Balance 4,594.77 1.88%

11/12 Balance 4,142.65 1.69%

12/13 Balance 5,005.75 2.04%

13/14 Balance 11,918.90 4.87%

14/15 Balance 66,720.48 27.25%

15/16 Balance 14,247.69 5.82%

16/17 Balance 15,647.59 6.39%

17/18 Balance 22,305.65 9.11%

18/19 Balance 70,962.45 28.99%

Total 244,817.01 100.00% The rates department is working in recovering the outstanding rates and charges. Last month the outstanding for rates & charges were $ 281,871.67.

Creditors The summary below shows the amount of creditors outstanding for the current month. See attached: Aged Analysis Report – Detailed Report – Accounts Payable 28th February 2019. As at 28th of February 2019, $1,038,621.49 in creditors is outstanding. The Accounts Payable age analysis report depicts the following:


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Creditors

Current $496,415.11 45%

Over 30 days $134,779.04 12%

Over 60 days $257,227.13 23%

Over 90 days $206,563.97 19%

Total outstanding amount (Including Overdue) $1,094,985.25

Less: Unapplied Credits -$56,363.76

TOTAL ACTUAL OUTSTANDING $1,038,621.49

Unapplied items appearing as a result of time difference and have no effect in the financial statement.

Following are the details of suppliers from whom invoices over $10,000 were received and entered during the month of February 2019:

Acc. # Description Amount Transaction

10745 CouncilBiz $ 98,527.28 ICT & Business system Jan – March 2019

10280 Telstra $ 41,749.01 Consolidated Account

10054 Puma Energy $ 47,820.34 Numbulwar Bulk Fuel order

10507 Alawa Aboriginal Corp $ 155,509.86 CDP Payment November 2018

11081 Mabunji Aboriginal Resource Assn Inc $ 18,672.50

Supply & Installation of Soft Fall Sand at Borroloola

13372 Northern Building $ 10,061.70 Vic Highway Office interior painting & carpet removal

13644 Federation Flags & Flagpoles $ 12,755.00

Flagpoles, caps & ropes for communities

13657 Fire Protection Professionals $ 20,927.50

Test & Tag and various safety works at various lots in Borroloola

13725 Mark Blackburn $ 10,947.54 Governance & Operational Consultancy

12781 Wright Express $ 21,858.26 Fuel Card January 2019

$ 438,828.99

All entered amount has already been paid and settled. FINANCIAL CONSIDERATIONS NIL

ATTACHMENTS: 1 Council Financial Report 28.02.2019.pdf

Attachment 1 Council Financial Report 28.02.2019.pdf

Attachment 1


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COMMUNITY SERVICES DIRECTORATE REPORT

ITEM NUMBER 15.1

TITLE Announcer Stand - Mataranka Sport & Recreation Grounds

REFERENCE 801888

AUTHOR Alisha Sullivan, Executive Assistant to Director of Council and Community Services

RECOMMENDATION (a) That the Finance Committee considers funding upgrades to make-safe the

Announcer Stand at the Mataranka Sport & Recreation Grounds.

BACKGROUND Following Council’s decision to condemn the Announcer’s Stand at the Mataranka Sport and Recreation Grounds mid last year, there has been communication with the Mataranka Campdraft Association about this project. Council offered to supply a 20ft container and freight to site on the proviso that the Mataranka Campdraft Association would take responsibility for securing the base, building the stairs and installing a roof with cage on top (similar to the Rodeo’s Announcer’s Stand). The Mataranka Campdraft Association agreed to these terms; but also requested Council consider the connection of electricity and water as well as relocating the Announcer’s Stand to the other side of the cut-out yard. The Mataranka Campdraft Association approached M & M McFarlane and were quoted $19,513.91 for requested works. It is understood these works included additional items not previously discussed, such as concrete footings. This quotation did not allow for the relocation of the container to the other side of the cut-out yard because trees would need lopping for this to occur. Upon receiving the quotation, the Campdraft Association has indicated that they do not have funds to pay for the quoted works and have, instead, offered to assist with labour and paint. Council is now in the position that they have provided a container which is located on-site and does not meet health and safety requirements as an Announcer’s Stand. A quotation from M & M McFarlane to undertake initial works and ‘make-safe’ has been received for $9688.00. This quotation is based on the stand being in the original position, no concrete footings, using the existing stairs, a gate at the bottom to prevent children ascending the stairs, a floor / roof and mesh sides. This quotation does not include the connection of power and water which would add an estimated $50,000 (200m) and may also require the installation of a septic tank. Council can a) do nothing – health and safety risk b) ‘make-safe’ - $9688.00 c) undertake works as quoted by M & M McFarlane - $19513.91


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ISSUES/OPTIONS/SWOT Council has a responsibility to ensure their facilities meet health and safety requirements which can be achieved by accepting Option b) to ‘make safe. Moving forward, Council can look at grant funding opportunities for the Mataranka Sport and Recreation ground, including the development of an Announcer’s Stand. The Announcer’s Stand can also be considered as part of the wider Sport and Recreation Facilities Master Plan. FINANCIAL CONSIDERATIONS Council has already supplied a 20ft container for this project and agreed to pay the cost of freight from Katherine to Mataranka (approximately $750). The Mataranka Local Authority has agreed to contribute $3000 towards the Announcer’s Stand. The Mataranka Better Half Club Campdraft Subcommittee were allocated $1778 towards the purchase of a PA system.



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COMMERCIAL SERVICES DIRECTORATE REPORT

ITEM NUMBER 16.1

TITLE Tender Assessment Panel Approvals - Borroloola Sports Court and Office Upgrade Projects

REFERENCE 798092

AUTHOR Marc Gardner, Director Commercial Services RECOMMENDATION (a) That the Finance Committee appoint the following staff to the tender assessment

panel for the Borroloola Sports Court and Borroloola Office upgrade projects:

Chief Executive Officer


Director Council Services and Infrastructure

Manager Contracts

BACKGROUND Council management is about to commence the procurement process for the Borroloola Sports Courts project as well as the Borroloola Office upgrade projects. Both projects have recently been subject to extensive planning and consultation and consulting project managers and engineers BTO Pty Ltd have been engaged to oversee both projects and ensure they are implemented in the 2019 calendar year. Council has budegeted for both projects as well as received funding for the Borroloola Sports Court project from the McArthur River Mine Community Benefit Trust as well as the Northern Territory Government. These projects have been in planning for a long time and it is critical that procurement processes are followed in accordance with the Local Government Act. ISSUES/OPTIONS/SWOT Both projects will be put through a tender process in accordance with the Local Government Act and subordinate legislation. It is hoped that the tender process for both projects is concurrent and might enable efficiencies with awarding both tenders to one contractor although an option will also be available to Council to award the tenders separately if needed. The plan is to have the tender assessment panel appointed at this Finance Committee Meeting and that the tender process will occur during April and awarding of the tender will occur by the Finance Committee in May. It is anticipated that both projects will be completed during the period from June to September. The Borroloola Sports Courts project may actually have a construction timeframe as little as 10 weeks. It is therefore recommended that the following positions are appointed to the Tender Assessment Panels for the above projects:

Chief Executive Officer



Manager Contracts The Council also has the option of appointing a Councillor/s to the tender assessment panel or anyone else e.g. consulting project manager, community members etc.


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The above panel will also ensure that the procurement and assessment for these projects is undertaken with consideration of the requirements of Council’s renewed Procurement Policy as well as the compliance requirements of the Local Government Act. FINANCIAL CONSIDERATIONS NIL



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ITEM NUMBER 16.2

TITLE Tender Assessment Panel - Ngukurr Playground & Shade Installation

REFERENCE 803160

AUTHOR Melissa Amarant, Contracts Manager RECOMMENDATION (a) That the Finance Committee approve the following persons for the tender

assessment panel for the Ngukurr Playground project.

BACKGROUND The existing playground equipment in Ngukurr situated on Lot 381 does not comply with

Australian Safety Standards AS4685-2014, the Playground Equipment and the soft fall

Surface under the equipment is inadequate. In addition, the playground is also non-

compliant with AS/NZS 4486.1 – 1997.

The project will ensure that the community benefits from a safe, fit-for-purpose and

compliant play area.

The proposed project is to supply and install new play equipment, Soft fall material and a four sided shade structure. The playground to be installed will comply with Australian Standards and similar models are

being installed at various locations including school facilities and Parks throughout Australia.

By completing this project we aim to improve the community lifestyle and health/wellbeing

outcomes of the community residents at Ngukurr by:

Helping children get a good start to life through the provision of sport and active

recreation options

Ensuring a safe environment for Ngukurr community families through the provision of

a compliant playground

Providing a mentally stimulating activity that encourages youth to remain engaged in

social activities

Providing areas that young families can meet to assist with the reduction of isolation

The playground will assist school children to develop physical literacy with increased

levels of physical activity.


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ISSUES/OPTIONS/SWOT The following project has had all tender documentation finalised and was uploaded to the Tenderlink website on Wednesday 14 March 2019, the tender will be advertised for a approximately three (3) weeks and will be closing at 1400 on Friday 05 April 2019.

TOWN PROJECT STATUS

Ngukurr Playground and shade installation Tender documents finalized and uploaded to Tenderlink 14 March 2019. Tender Closes: 05 April 2019 Tender award target date: Mid April 2019 Construction target date: End April / Start May Completion target date: 30 June 2019

The aim is to have the tender process completed in time so that the evaluation can be undertaken and a recommendation be presented at the Ordinary Council Meeting held in April 2019. Therefore, Management seeks council’s approval through the Finance Committee to appoint the following staff to the tender assessment panel for the above project:


Contracts Manager

Projects Coordinators X2

FINANCIAL CONSIDERATIONS The total budget for this project is $225,000. We anticipate that we can complete the entire project within the allocated budgeted



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ITEM NUMBER 16.3

TITLE Tender Assessment Panel – Road Reseal Project in Larrimah and Daly Waters

REFERENCE 806121

AUTHOR Marc Gardner, Director Commercial Services RECOMMENDATION That the Finance Committee approves the following persons for the tender assessment panel for the Road Reseal Project in Larrimah and Daly Waters:

Director Commercial Services (Marc Gardner)

Acting Director Council and Community Services (Virginya Boon)

Manager Contracts (Melissa Amarant)

Projects Coordinator (Keith Kumarawadu)

Roads Coordinator (Vikrant Jagarlamundi)

BACKGROUND Council has prepared a tender procurement process for works associated with resealing of roads at Daly Waters and Larrimah. As the works are expected to go over the $100,000 value, Council is required under the Local Government Act to procure this work via a tender process. The Local Government (Accounting) Regulations further state that the Council can only open and award tenders or delegate to a tender committee. The standard procedure Council is currently using is that a tender evaluation panel is appointed by the Council who will assess the submissions and provide a recommendation to Council on the awarding the tender. ISSUES/OPTIONS/SWOT The following works are advertised online via Tenderlink on Friday 15 March 2019 and have been publicized for the duration of three (3) weeks, making the closing date Friday 05 April 2019. It is anticipated that the assessment panel will present a report to the Ordinary Council Meeting on 17 April 2019 and the works are to be completed by 30 June 2019.

Town/Location Project Scope Status

Mahony Street, Larrimah

Reseal of Mahony Street and Car park adjacent to the Hotel.

Pavement preparation and reseal

To supply and install signs

To provide pavement marking and delineate car parking bays

Advertised on Tenderlink

Stuart Street and Forrest Street in Daly Waters

To Reseal the Stuart Street and Forrest Street in Daly waters.

Pavement Preparation

Reseal the Stuart Street and Forrest street

To supply and provide pavement marking

Advertised on Tenderlink


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It is recommended that the Finance Committee appoint the following staff to the tender assessment panel for the above mentioned works to ensure that the above project progresses in a satisfactory timeframe and enables Council to award the contract for the above works at its Ordinary Meeting on the 17 April:



Manager Contracts

Projects Coordinator

Roads Coordinator FINANCIAL CONSIDERATIONS Council has budgeted for these works as part of it’s 2018/19 roadworks programme, however the amount cannot be disclosed due to tender processes currently taking place.


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