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ATTACHMENTS FOR FINANCE

COMMITTEE MEETING REPORTS

Thursday 28 August 2014

5.30pm Oberon Council Chambers

CORP. SERVICES STAFF MATTERS

THE OBERON COUNCIL

POLICY FOR STAFF RECRUITMENT

1. On receipt of notification of a resignation, the General Manager will determine if a replacement for the position is required.

2. Prior to departure, the Supervisor and the Director/General Manager conduct an exit interview with the employee resigning.

3. Advertisement for replacement placed to ensure coverage of target market.

4. Information package distributed.

5. Interview panel selected by General Manager/Director.

6. Panel each assesses applicants against the job description.

7. Panel decide on applicants for interview.

8. Panel determines interview questions.

9. Applicants are individually assessed by each member of the panel.

10. Referees checked.

11. Panel determines ranking of applicants.

12. Successful applicant offered position and accepts.

13. Other applicants notified. Adopted Council Meeting 9 November 2004 Minute No 15

Staff Recruitment.rtf 2112

Development – Planning and Building Policy 3104 – Rural Subdivisions – Noxious Weed Control

Rural Subdivisions – Noxious Weed Control

1. Intent of Policy To assist Upper Macquarie County Council which is the noxious weed control authority for Oberon, Bathurst Regional, Blayney Shire and Lithgow City Council in controlling noxious weeds and to address requirements of Part B7.3 of the Oberon Development Control Plan 2001 and objectives of the Rural 1 (a) Zone. 2. Scope of Policy This policy will apply to all rural subdivision development applications. Relevant Statutory Requirements specific to this policy; Noxious Weeds Act, 1993 (NSW) Oberon Council policies relevant to this policy Development Control Plan 2001 – Part B7.3 3. Guidelines The following obligatory condition of consent will be placed on all rural subdivision determinations; A Section 64 Certificate under the Noxious Weeds Act, 1993(NSW) is to be submitted from the Upper Macquarie County Council certifying that any noxious weeds on the premises are being adequately controlled and managed to the satisfaction of the Upper Macquarie County Council. Should a Certificate be issued which advises unsatisfactory control and management a bond may be requested to enable Upper Macquarie County Council to undertake sufficient work on behalf of the owner to reach a satisfactory standard of control.

Approving Authority Oberon Council

Contact Director of Development

Approval 8 July 2008: Item B19, Minute 45 21 September 2010, Item B11, Minute 26

Revision Date September 2012

Issue Date to Staff 1 October 2010

Reviewed 8 July 2008 - Reformatted 21 September 2010 – No Changes

Development – Planning and Building Policy 3105 – Onsite Waste Water Management

Onsite Waste Water Management 1. Intent of Policy To provide a scheme of systematic management for on-site waste water systems that fulfils Council’s responsibility to manage the cumulative impact of sewage pollution within the Oberon local government area that is within the flexibility of relevant regulations. This policy gives Council’s qualified Environmental Health Officers discretion to determine the level of supervision of on-site systems to accommodate variation between, high, medium and low risk areas, to minimise costs and maximise community benefits 2. Scope of Policy This policy applies to all applications for on-site waste water management systems within the Oberon Council Local Government area. Relevant Statutory Requirements specific to this policy: Local Government Act 1993 Local Government (General) Regulation 2005 AS 1547-2000 On-Site Domestic Wastewater Management Oberon Council planning instruments relevant to this policy: Oberon Local Environmental Plan 1998 as amended 3. Guidelines Sewage Management Exemptions The Rural 1 (a) Zone, except for areas defined as “environmentally sensitive land” in the Oberon Local Environmental Plan, 1998 as amended is to be exempt from permit fees and inspections for on-site sewage management provided in the Local Government (General) Regulation 2005. Wastewater Disposal Requirements for Subdivisions In respect to allotments of land exceeding four hectares in area and not defined as “environmentally sensitive land”, no geotechnical report is required at the time of the subdivision unless Council’s qualified Environmental Health Officers assess that site-specific circumstances dictate one. A geotechnical report will be required at the time when a development application is received that identifies a site to construct a building containing sanitary facilities.

Oberon Council – Policies & Procedures Manual Page 1 of 2

Development – Planning and Building Policy 3105 – Onsite Waste Water Management

Alterations to Existing Systems Applications for upgrading of existing domestic on-site waste water disposal systems using absorption trenches, without a full site assessment in accordance with AS/NZS 1547.2000, will be accepted at the discretion of Council’s qualified Environmental Health Officers. Approving Authority Oberon Council Contact Director of Development Approval 12 August 2008: Item B17, Minute 33 Revision Date August 2010 Issue Date to Staff 25 August 2008

3105 Disposal of Onsite Waste Water 3106 Sewage Management

Exemptions

Replaces

3107 Absorption trenches

Oberon Council – Policies & Procedures Manual Page 2 of 2

Policy 3114 – Electrical Services and Street Lighting

Oberon Council – Policies and Procedures Manual

Electrical Services and Street Lighting

1. Intent of Policy To provide standards and assign responsibilities in regards to electrical reticulation and street lighting that progresses the visual aesthetics and enhances the development over areas that previously may have been restricted due to the presence of overhead lines in the township of Oberon. 2. Scope of Policy This policy will apply to all development applications where a new electrical service is required in the village of Oberon. Development includes subdivisions and new buildings. This policy will also apply to works undertaken by Council within the Oberon Village Zone that provide an opportunity to install conduits for future relocation. Oberon Council policies relevant to this policy: Development Control Plan 2001 – Part B12.8 3. Guidelines In regards to urban services in subdivision applications Oberon Council’s Development Control Plan, Part B requires that , written evidence of satisfactory arrangements for installation of reticulated electricity is required with a special note that all new connections will be required to be underground from existing poles or a completely underground reticulation if no existing poles service the area. Council will also require any development (e.g. building) that requires a new electricity reticulation service to be installed underground from existing poles or a completely underground reticulation if no existing poles service the area. The Director of Engineering will determine if additional street lighting is required as a consequence of a development. All street lighting capital costs are to be met by the developer. All installations should be constructed in accordance with engineering and electrical standards. Where Oberon Council undertakes works in the Oberon Village Zone and the Director of

Engineering determines an opportunity for future relocation, conduits for underground

electricity supply should be installed.

Policy 3114 – Electrical Services and Street Lighting



Contact Director of Development

Approval 16 December 2008: Item B5, Minute 33 20 March 2012 Staff Report : 12.02.02 Resolution: 38200312

Revision Date 20 March 2012

Issue Date to Staff

Policy 2118 – Smoke Free Workplace


SMOKE FREE WORKPLACE

1. Intent of Policy To enable Council to fulfil its obligations under the Work Health and Safety Act 2011 and Regulation 2011, to ensure the health and safety of employees, it is Council’s policy that smoking is not permitted in any Council building or any Council vehicle. 2. Scope of Policy This policy applies to all users of Council’s buildings and vehicles.

Relevant Statutory Requirements relating to this Policy:

Work Health and Safety Act 2011 Work Health and Safety Regulations NSW Local Government (State) Award 2014 Oberon Council Policies and Procedures relevant to this Policy: Workplace Health and Safety (WHS) Policy 2011 WorkCover Guide Passive Smoking Policy and Control

3. Policy It is Council’s Policy that smoking is not permitted in any Council building or vehicle.

Smoking is not permitted in locations where smoke may be drawn or blown into buildings, or is dangerous due to proximity of flammable gases or liquids, or vent pipes related to such substances.

Smoking is not permitted outside the doors of the Administration Centre, Library, Community Centre, Visitor information Centre and Community Technology Centre, Works Depot, Water and Sewerage Treatment Plant offices or outside other buildings in places highly visible to the public

4. Procedures

a) It is the responsibility of all team leaders, supervisors and managers to ensure full compliance with this Policy. b) Any employee refusing or unable to comply with this Policy will be offered appropriate counselling. This will also include support to attend and participate in Quit Smoking Programs. However, if non-compliance continues the employee will be subject to Council’s disciplinary procedures.

Policy 2118 – Smoke Free Workplace



Contact WHS/Risk Manager

Approval 13 September 2005: Item B13

Revised 17 March 2009: Item B1, Minute 16 18 October 2011: Resolution 19181011 20 March 2012: Resolution 38200312

Revision Date August 2014

Issue Date to Staff March 2009

Policy 2201 – Debt Recovery, Hardship Provisions and Writing Off of Debts

Page 1 of 9

DEBT RECOVERY POLICY and PROCEDURES

Objective of this Policy

The objective of this Debt Recovery Policy is to ensure consistency, fairness, integrity and

confidentiality of all proceedings for both Council and the relevant debtor, as well as to

maximize the collection of outstanding debts and optimize Council’s cash flow.

Oberon Council’s aim is to be sympathetic and helpful to debtors suffering genuine financial

hardship. Oberon Council at all times will comply with relevant legislation, including the Local

Government Act 1993 (“the Act”).

Scope of this Policy

This Policy relates to all parties that owe monies to Council (debtors), including:

Ratepayers (including other charges linked to the property); and

Sundry Debtors

Some aspects of the Debt Recovery Procedure will differ according to the type of debtor so they

are treated separately in this Policy.

Rates and Charges

Payment of Rates and Charges

Council will levy rates charges by service of a rates notice in accordance with section 546 the

Act. Council will endeavour to serve those rates notices in the month of July of every year.

If the rates notice is served in July, under section 562(3) of the Act ratepayers have the option of

making payment of the amounts owing in those rates notices by one lump sum (which is to be

paid by 31 August) or by four quarterly instalments due on the last day of the following months:

August November February May

If Rates Notices are issued after 1 August then the provisions of Section 562(4) of the Act apply.


Page 2 of 9

Instalment Reminder Notices

Under Section 562(5) of the Act, Council must send instalment reminder notices to each person

who is paying their rates and charges by instalment on or before 31 October, 31 January and 30

April.

Final Notice

A Final Notice (in a form to be approved) is to be sent to any ratepayer who has not, within

fourteen days of the due date:

(a) Paid the amount of any instalment; or

(b) Come to an arrangement for payment of the instalment by instalments; or

(c) Made written application for waiver, credit or reduction of the instalment; or

(d) Taken some action to dispute that the amount is payable.

The Final Notice will:

(a) Set out the amount of the instalment;

(b) Demand payment of the instalment within seven days of the date of the notice (though

fourteen days will actually be allowed);

(c) Urge the ratepayer to contact Council if they believe that the instalment has been paid or is

not payable; and

(d) Urge the ratepayer to contact Council to come to a suitable arrangement if they are unable

to make payment of the instalment amount within the time allowed.

Demand Letter

A Demand Letter (in an approved form) is to be sent to any ratepayer who has not, within

fourteen days of the Final Notice:





The Demand Letter will:





Page 3 of 9


not payable; and



As Council has retained the services of an external law practice to assist with the debt recovery

function that law practice is to prepare and send Demand Letters on their letterhead.

Commencement of Legal Action

Council is to instruct the external law practice to commence legal action with the issue and

service of a Statement of Claim against any ratepayer with an instalment (or instalments) unpaid

and owing greater than $300 (including any accrued interest); and who has not:

(a) Come to an arrangement for payment of the instalment by instalments; or

(b) Made written application for waiver, credit or reduction of the instalment; or

(c) Taken some action to dispute that the amount is payable.

Costs of Legal Action

Council is to ensure that the costs of any legal action taken are legally recoverable as a charge

on the property pursuant to Section 550 of the Act and to upload those costs to the property as

required.

Obtaining Judgment

Council is to instruct their external law firm to make application for judgment if, within the time

allowed by the relevant legislation (currently twenty-eight days after service of the statement of

claim), the ratepayer has not:

(a) Paid the debt and costs claimed; or

(b) Filed a defence; or

(c) Filed an acknowledgement of claim; or

(d) Come to an arrangement to pay by instalments; or

(e) Taken any other action that means Council is unable to apply for judgment.


Page 4 of 9

Enforcing Judgment

Council is to instruct their external law firm to enforce any judgment obtained by one or more of

the following methods as advised by their external law firm:

(a) Writ against property;

(b) Examination;

(c) Garnishee of bank accounts;

(d) Garnishee of wages or other debts;

(e) Bankruptcy;

(f) Winding up of companies;

(g) “Rent for Rates” under Section 569 of the Act; or

(h) Such other method as Council is advised.

Duplicate Matters

With ratepayers who have not paid instalments, referral for recovery will be done quarterly, in

order to keep costs to a minimum should legal action be required. Council will adhere to the

following practice:

1. If legal action has already commenced to recover the previous instalment then no further

legal action is to be taken on later instalments until such time as the amount claimed in

those legal proceedings (including costs) have been paid.

2. If legal action has not commenced to recover the previous instalment then the amount of

any later instalment is to be added to the earlier instalment for the taking of that legal action.

Payment of Debt and not Costs

If, after the commencement of legal proceedings, a ratepayer makes payment of the instalment

claimed but not the costs of those proceedings, Council’s external law firm is to send the

relevant ratepayer a letter setting out the amount payable for costs and demanding payment of

same within seven days (though fourteen days will be allowed).

If the ratepayer does not make payment of those costs within fourteen days of the sending of

the letter legal action is to be continued for the recovery of those costs.

Arrangements

Under Section 564 of the Act, Council is able to come to an arrangement for the payment of

amounts owing by way of periodical payment.


Page 5 of 9

Council is to negotiate such arrangements with the aim to be that, where possible, all arrears

(including any costs incurred in legal proceedings) are to be paid within the current rating year –

together with the current year’s rates and charges.

Arrangements will be confirmed in writing to the address of the ratepayer. The confirmation is to:

1. Set out the amount payable under the arrangement;

2. Confirm that the arrangement only applies to that amount payable;

3. Set out the arrangement itself;

4. If applicable, confirm that it is a condition of the arrangement that all future rates and

charges will be paid when due;

5. Urge the ratepayer to contact Council prior to the due date for payment should they be

unable to comply with the arrangement; and

6. Advise that Council reserves the right to continue action without notice should the ratepayer

default on the arrangement.

Council is to send the confirmation letter on its letterhead - unless the matter has already

referred the matter to its external law firm for action, in which case the external law firm is to

send the confirmation letter.

Council is to record the arrangement in the System and Property file for each relevant property.

Defaulted Arrangements

Should a ratepayer default on a payment arrangement then:

(a) If the ratepayer has not been referred to the external law firm for action, recovery action will

continue from the last stage it reached; and

(b) If the ratepayer has been referred to the external law firm for action, that external law firm

will send a letter demanding payment of the missed instalment within seven days and if it is

not complied with, unless the ratepayer has taken some step that delays the process,

recovery action will be continued from the last stage it reached.

Hardship

The Act provides a number of circumstances where a discretion is available to Council to

release ratepayers from some (or all) of their obligations due to what has been come to be

termed hardship. The Sections include:

Section 567 – writing off accrued interest

Section 577 – concessions for pensioners

Section 582 – waiver or reduction of amounts owing by pensioners


Page 6 of 9

Any application by a ratepayer on the grounds of hardship, which must be written, will be

referred to the Finance & Community Services Director following a recommendation from the

Finance Coordinator for consideration by the General Manager or Council.

Sale of Land for Rates

Council is to avail itself of the procedure for Sale of Land for Rates and Charges provided by

Part 2 Division 5 of the Act where appropriate.

Interest

In accordance with Section 566 of the Act, interest will accrue daily on any overdue rates and

charges at the maximum allowable rate.

Sundry Debtors

Invoicing & Statements

Council will issue invoices to sundry debtors each week and provide monthly statements.

Due Date for Payment

Invoices for sundry debtors are due for payment thirty days from the date of issue of the invoice.

Reminder Letter

A Reminder Letter is to be sent to sundry debtors where no payment has been made, within

fourteen days of the due date for payment. The Reminder Letter, which is to be on Council

letterhead, will set out the amount owing and demand payment of same within seven days.

Demand Letter

A Demand Letter is to be sent by Council’s legal firm to any sundry debtor that has not made

payment of the amount owing within fourteen days of the date of the Reminder Letter. The

Demand Letter will demand payment within seven days and advise that Council may take legal

action to recover the amount without further notice if it is not paid within that time.

Legal Action

Council is to instruct its external law practice to commence legal action with the issue and

service of a Statement of Claim against any sundry debtor with an amount owing greater than

$300 and who has not:

(a) Come to an arrangement for payment of the debt; or

(b) Made written application for waiver, credit or reduction of the debt; or



Page 7 of 9

Obtaining Judgment









Enforcing Judgment




(b) Examination;



(e) Bankruptcy;


(g) Such other method as Council is advised.

Arrangements

Council is able to come to an arrangement with any sundry debtor for payment of the amount

owing (including any costs and interest).

Any request for an instalment arrangement from a sundry debtor must be in writing and Council

will not consider any request until it has been submitted in writing.

Whether or not Council agrees to any arrangement proposal is entirely in the discretion of

Council and the following should be taken into account:

(a) The debt size;

(b) The debt age;

(c) The time it will take to pay;


Page 8 of 9

(d) The conduct of the debtor, including any previous arrangements and their outcome;

(e) The amount of costs incurred;

(f) The financial circumstances of the debtor, to the extent that Council is aware of them; and

(g) Any other matter Council considers relevant.

If Council accepts a proposal from a sundry debtor for payment of a debt by instalments, that

acceptance is to be confirmed in writing. The confirmation is to:

1. Refer to the written offer to pay by instalments received;




9. Urge the debtor to contact Council prior to the due date for payment should they be unable

to comply with the arrangement; and

10. Advise that Council reserves the right to continue action without notice should the debtor






Should a sundry default on a payment arrangement then recovery action is to continue from the

last stage it reached prior to the arrangement being entered into.

Interest

If the agreement by which Council provided the services that led to the sundry debt being

incurred does not provide for interest to be charged, Council is to claim interest in any legal

proceedings taken as allowed under relevant legislation at the applicable rate.


incurred provides for interest to be charged, Council is to charge the interest under the

agreement to the sundry debtor. However, Council at its discretion may chose to alternatively

claim interest in any legal proceedings taken as allowed under relevant legislation at the

applicable rate.


Page 9 of 9

Inbound Contact

To avoid confusion, double-handling and adverse legal issues, once a matter has been referred

to Council’s external law firm for collection all inbound contact from debtors is to be handled by

them. Council staff will advise debtors to deal directly with the external law firm and, if

necessary, provide appropriate contact details.

Delegation of Authority

Council delegates authority to the General Manager and Finance & Community Services

Director, or such person as any of them delegates such authority to take action as they deem fit

to achieve the purposes of this Policy.


Contact Finance & Community Services Director

Approval 11 December 2007: item B1, Minute 23 17 August 2010: Item B10, Minute 26

Issue Date to Staff


Page 1 of 9

DEBT RECOVERY POLICY and PROCEDURES

Objective of this Policy

The objective of this Debt Recovery Policy is to ensure consistency, fairness, integrity and

confidentiality of all proceedings for both Council and the relevant debtor, as well as to

maximize the collection of outstanding debts and optimize Council’s cash flow.

Oberon Council’s aim is to be sympathetic and helpful to debtors suffering genuine financial

hardship. Oberon Council at all times will comply with relevant legislation, including the Local

Government Act 1993 (“the Act”).

Scope of this Policy

This Policy relates to all parties that owe monies to Council (debtors), including:

Ratepayers (including other charges linked to the property); and

Sundry Debtors

Some aspects of the Debt Recovery Procedure will differ according to the type of debtor so they

are treated separately in this Policy.

Rates and Charges

Payment of Rates and Charges

Council will levy rates charges by service of a rates notice in accordance with section 546 the

Act. Council will endeavour to serve those rates notices in the month of July of every year.

If the rates notice is served in July, under section 562(3) of the Act ratepayers have the option of

making payment of the amounts owing in those rates notices by one lump sum (which is to be

paid by 31 August) or by four quarterly instalments due on the last day of the following months:

August November February May

If Rates Notices are issued after 1 August then the provisions of Section 562(4) of the Act apply.


Page 2 of 9

Instalment Reminder Notices

Under Section 562(5) of the Act, Council must send instalment reminder notices to each person

who is paying their rates and charges by instalment on or before 31 October, 31 January and 30

April.

Final Notice

A Final Notice (in a form to be approved) is to be sent to any ratepayer who has not, within

fourteen days of the due date:





The Final Notice will:





not payable; and



Demand Letter

A Demand Letter (in an approved form) is to be sent to any ratepayer who has not, within

fourteen days of the Final Notice:





The Demand Letter will:





Page 3 of 9


not payable; and



As Council has retained the services of an external law practice to assist with the debt recovery

function that law practice is to prepare and send Demand Letters on their letterhead.

Commencement of Legal Action

Council is to instruct the external law practice to commence legal action with the issue and

service of a Statement of Claim against any ratepayer with an instalment (or instalments) unpaid

and owing greater than $300 (including any accrued interest); and who has not:

(a) Come to an arrangement for payment of the instalment by instalments; or

(b) Made written application for waiver, credit or reduction of the instalment; or

(c) Taken some action to dispute that the amount is payable.

Costs of Legal Action

Council is to ensure that the costs of any legal action taken are legally recoverable as a charge

on the property pursuant to Section 550 of the Act and to upload those costs to the property as

required.

Obtaining Judgment










Page 4 of 9

Enforcing Judgment




(b) Examination;



(e) Bankruptcy;


(g) “Rent for Rates” under Section 569 of the Act; or

(h) Such other method as Council is advised.

Duplicate Matters

With ratepayers who have not paid instalments, referral for recovery will be done quarterly, in

order to keep costs to a minimum should legal action be required. Council will adhere to the

following practice:

1. If legal action has already commenced to recover the previous instalment then no further

legal action is to be taken on later instalments until such time as the amount claimed in

those legal proceedings (including costs) have been paid.

2. If legal action has not commenced to recover the previous instalment then the amount of

any later instalment is to be added to the earlier instalment for the taking of that legal action.

Payment of Debt and not Costs

If, after the commencement of legal proceedings, a ratepayer makes payment of the instalment

claimed but not the costs of those proceedings, Council’s external law firm is to send the

relevant ratepayer a letter setting out the amount payable for costs and demanding payment of

same within seven days (though fourteen days will be allowed).

If the ratepayer does not make payment of those costs within fourteen days of the sending of

the letter legal action is to be continued for the recovery of those costs.

Arrangements

Under Section 564 of the Act, Council is able to come to an arrangement for the payment of

amounts owing by way of periodical payment.


Page 5 of 9

Council is to negotiate such arrangements with the aim to be that, where possible, all arrears

(including any costs incurred in legal proceedings) are to be paid within the current rating year –

together with the current year’s rates and charges.

Arrangements will be confirmed in writing to the address of the ratepayer. The confirmation is to:




4. If applicable, confirm that it is a condition of the arrangement that all future rates and

charges will be paid when due;

5. Urge the ratepayer to contact Council prior to the due date for payment should they be

unable to comply with the arrangement; and

6. Advise that Council reserves the right to continue action without notice should the ratepayer





Council is to record the arrangement in the System and Property file for each relevant property.


Should a ratepayer default on a payment arrangement then:

(a) If the ratepayer has not been referred to the external law firm for action, recovery action will

continue from the last stage it reached; and

(b) If the ratepayer has been referred to the external law firm for action, that external law firm

will send a letter demanding payment of the missed instalment within seven days and if it is

not complied with, unless the ratepayer has taken some step that delays the process,

recovery action will be continued from the last stage it reached.

Hardship

The Act provides a number of circumstances where a discretion is available to Council to

release ratepayers from some (or all) of their obligations due to what has been come to be

termed hardship. The Sections include:

Section 567 – writing off accrued interest

Section 577 – concessions for pensioners

Section 582 – waiver or reduction of amounts owing by pensioners


Page 6 of 9

Any application by a ratepayer on the grounds of hardship, which must be written, will be

referred to the Finance & Community Services Director following a recommendation from the

Finance Coordinator for consideration by the General Manager or Council.

Sale of Land for Rates

Council is to avail itself of the procedure for Sale of Land for Rates and Charges provided by

Part 2 Division 5 of the Act where appropriate.

Interest

In accordance with Section 566 of the Act, interest will accrue daily on any overdue rates and

charges at the maximum allowable rate.

Sundry Debtors

Invoicing & Statements

Council will issue invoices to sundry debtors each week and provide monthly statements.

Due Date for Payment

Invoices for sundry debtors are due for payment thirty days from the date of issue of the invoice.

Reminder Letter

A Reminder Letter is to be sent to sundry debtors where no payment has been made, within

fourteen days of the due date for payment. The Reminder Letter, which is to be on Council

letterhead, will set out the amount owing and demand payment of same within seven days.

Demand Letter

A Demand Letter is to be sent by Council’s legal firm to any sundry debtor that has not made

payment of the amount owing within fourteen days of the date of the Reminder Letter. The

Demand Letter will demand payment within seven days and advise that Council may take legal

action to recover the amount without further notice if it is not paid within that time.

Legal Action

Council is to instruct its external law practice to commence legal action with the issue and

service of a Statement of Claim against any sundry debtor with an amount owing greater than

$300 and who has not:

(a) Come to an arrangement for payment of the debt; or

(b) Made written application for waiver, credit or reduction of the debt; or



Page 7 of 9

Obtaining Judgment









Enforcing Judgment




(b) Examination;



(e) Bankruptcy;


(g) Such other method as Council is advised.

Arrangements

Council is able to come to an arrangement with any sundry debtor for payment of the amount

owing (including any costs and interest).

Any request for an instalment arrangement from a sundry debtor must be in writing and Council

will not consider any request until it has been submitted in writing.

Whether or not Council agrees to any arrangement proposal is entirely in the discretion of

Council and the following should be taken into account:

(a) The debt size;

(b) The debt age;

(c) The time it will take to pay;


Page 8 of 9

(d) The conduct of the debtor, including any previous arrangements and their outcome;

(e) The amount of costs incurred;

(f) The financial circumstances of the debtor, to the extent that Council is aware of them; and

(g) Any other matter Council considers relevant.

If Council accepts a proposal from a sundry debtor for payment of a debt by instalments, that

acceptance is to be confirmed in writing. The confirmation is to:

1. Refer to the written offer to pay by instalments received;




9. Urge the debtor to contact Council prior to the due date for payment should they be unable

to comply with the arrangement; and

10. Advise that Council reserves the right to continue action without notice should the debtor






Should a sundry default on a payment arrangement then recovery action is to continue from the

last stage it reached prior to the arrangement being entered into.

Interest


incurred does not provide for interest to be charged, Council is to claim interest in any legal

proceedings taken as allowed under relevant legislation at the applicable rate.


incurred provides for interest to be charged, Council is to charge the interest under the

agreement to the sundry debtor. However, Council at its discretion may chose to alternatively

claim interest in any legal proceedings taken as allowed under relevant legislation at the

applicable rate.


Page 9 of 9

Inbound Contact

To avoid confusion, double-handling and adverse legal issues, once a matter has been referred

to Council’s external law firm for collection all inbound contact from debtors is to be handled by

them. Council staff will advise debtors to deal directly with the external law firm and, if

necessary, provide appropriate contact details.

Delegation of Authority

Council delegates authority to the General Manager and Finance & Community Services

Director, or such person as any of them delegates such authority to take action as they deem fit

to achieve the purposes of this Policy.



Approval 11 December 2007: item B1, Minute 23 17 August 2010: Item B10, Minute 26

Issue Date to Staff

DEALING WITH UNATTENDED CHILDREN IN THE LIBRARY 1. Intent of Policy Oberon Council Library is committed to serving the information and recreation needs of young people. The Library strives to provide a welcoming environment and provides targeted resources and programs to meet the needs of young people. 2. Objectives Oberon Council Library’s services to young people include:

Fiction, non-fiction and recreational books

Magazines

CDs

Computer and internet access

Assistance from specialist and general staff in accessing collections and information

eBooks and e-Resources

DVDs

Internet guidance

Storytime

Space for activities or study 3. Scope of Policy This policy applies to all users with specific reference to young people using the Oberon Council Library and to Council staff. 4. Principles

4.1 Unattended Children Young people under 10 years old must be accompanied and supervised by an adult at all times. Unsupervised children can be at risk in any public place, including public libraries. The staff at Oberon Council Library do not supervise children in the Library and there is a risk that unattended children may leave the Library at any time, hurt themselves, or be approached by strangers. In addition, the Libraries do not have the facilities to attend to children who are sick, injured or hungry. Children left unattended in a Public Library may be classed as a child or young person at risk or harm unders.23 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) and may be reported as such to the Director-General of the Department of Family & Community Services. Parents who leave a child unattended in a Public Library may be exposing their child to potential harm, and may be committing an offence under s.228 of the Children and Young Persons (Care and Protection) Act 1998 (NSW).

Young people left alone in the Library can become distressed, bored or disruptive. Young people who disturb other Library users may be removed from the Library under clause 17 of the Library Regulation 2010 (NSW). 4.2 Communication Council will ensure that Library users are informed of this Policy through displaying the Policy at the Oberon Library, placing it on Council’s website and approved social media and in accordance with other communication methods as outlined in the adopted Communication Engagement Strategy.

5. Library Staff Responsibilities All Library staff are responsible for the implementation of this Policy. Library staff on duty at the time a child is left unattended have the responsibility for contacting parents/carers, ambulance and/or police, where necessary. They are also required to report the event to Council’s Workplace Health & Safety Coordinator Manager within 24 hours, by completing the appropriate incident form. 6. Complaints Complaints about the implementation of this Policy will be dealt with initially by the Community Services Coordinator. Complaints that cannot be resolved at this level will be referred to the Finance & Community Services Director. If the customer remains unsatisfied they may write to: The General Manager Oberon Council PO Box 84 OBERON NSW 2787



Approval date

Revision date August 2014

Issue date to staff

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