flinders council policy manual · amended by council on: 10 april 2014 minute no: 782.04.2014...

Flinders Council Policy Manual Last Amended December 2014

TABLE OF CONTENTS

No. Policy Last Reviewed

AIRPORT

A1 Advertising Signs – Airport 15.11.2012

A2 Aerodrome Upgrade Policy 18.11.2010

A3 Aviation Policy 10.04.2014

A4 Flinders Island Airport – Charges 15.11.2012

A5 Policy for Leasing Land for Aircraft at Flinders Island Aerodrome

23.09.2010

COMMUNITY SERVICES

CS1 Aboriginal Reconciliation 13.12.2001

CS2 Access Policy 23.09.2010

CS3 Dog Management Policy 21.02.2013

CS4 Funeral Director 18.08. 2011

CS5 Hire of Municipal Halls 25.08.2005

CS6 Sponsorship on Third Party Projects and Events 23.09.2010

CS7 Tasmanian Tidy Towns Competition 15.11.2012

CS8 RESCINDED

CS9 Wybalenna 15.11.2012

CS10 Food Safety Policy 16.06.2011

CS11 Citizen of the Year Award Policy 738.02.2014

FINANCE

F1 Asset Management Policy 20.09.2012

F2 Code of Tenders and Contracts Policy 16.07.2009

F3 Corporate Credit Card Policy 20.08.2009

F4 Debt Collection Policy 15.07.2010

F5 Investment Policy 18.12.2014

F6 Rates & Charges Policy 26.07.2012

GOVERNANCE

G1 Attendance at Conferences (Elected Members) 15.11.2012

G2 Communication Between Councillors & Council Officers 21.08.2014

G3 Council Houses – Maintenance 15.11.2012

G4 Council Policy Manual 15.11.2012

G5 Customer Service Charter 23.09.2010

G6 Elected Members’ Allowances & Reimbursements 23.09.2010

G7 Flying of Flags at Council Property 16.06.2011

G8 Provision of Electronic Services – Elected Members 16.05.2013

G9 Public Question Time – Council Meetings 19.01.2012

G10 Quasi-Judicial Policy 26.07.2012

G11 Special Committees of Council 16.05.2013

HUMAN RESOURCES

HR1 Antidiscrimination, Harassment and Bullying Policy 26.07.2012

HR2 Computer and Telephone Usage Policy 20.08.2009

HR3 Disciplinary Policy 16.07.2009

HR4 Employee Outside Work Activities Policy 16.05.2013

HR5 Employee Personal Development Appraisal Policy 16.07.2009

HR6 Employee Promotion Policy 16.07.2009

HR7 Employee Recruitment and Selection Policy 13.03.2014

HR8 Equal Employment Opportunity Policy 16.07.2009

HR9 Induction Policy 16.07.2009

HR10 Physical Locality Staffing Policy 21.05.2009

HR11 Staff Code of Conduct Policy 16.05.2013

HR12 Staff Development Policy 16.07.2009

HR13 Uniform Policy 16.05.2013

HR14 Fraud Prevention and Control Policy 21.08.2014

OTHER

O1 Building Approvals 23.09.2010

O2 Flinders Council Public Open Space Policy 23.09.2010

O3 Land Transfer Policy 11.08.2005

O4 Pacific Oyster Marine Farming 18.11.2010

O5 RESCINDED

O6 Roadside and Reserve Vegetation Management Policy 20.09.2012

O7 Visits – Cape Barren Island 21.10.2010

WORKPLACE HEALTH & SAFETY / RISK MANAGEMENT

W1 Drugs and Alcohol Policy 20.08.2009

W2 Personal Protective Equipment Policy 23.09.2010

W3 Rehabilitation Policy 20.08.2009

W4 Risk Management Policy 15.05.2014

W5 Smoke Free Environment 18.11.2010

W6 Staff – Sun Protection 23.09.2010

W7 Workplace Health and Safety Policy 16.05.2013

Flinders Council Policy Manual A1

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SUBJECT: ADVERTISING SIGNS - AIRPORT FILE NO: AER/1100

ADOPTED BY COUNCIL ON: 14 June 1994 MINUTE NO: 147.06.94

AMENDED BY COUNCIL ON: 13 December 2001 MINUTE NO: 301.12.01

AMENDED BY COUNCIL ON: 23 September 2010 MINUTE NO: 276.09.10

AMENDED BY COUNCIL ON: 15 November 2012 MINUTE NO: 339.11.12 Introduction The Council recognises the need to present to visitors entering and departing from the Flinders Island Airport an uncluttered image of the Island’s beauty and this policy is to ensure that the Airport has a designated area for displays and advertising. Objectives Designated areas for display and advertising at the Airport provide a uniform and professional image. Procedure Council recognises the need to present to visitors entering and departing from the Flinders Island Airport an uncluttered image of the Island’s natural beauty. Therefore, the Council has adopted the following policy. • That advertising billboards and the like shall not be erected within the boundary

and the environs of the Airport, except if a leaser would like to erect an advertising sign at their section of the leased area within the Airport Terminal;

• All visitor information will be confined and contained to an information board

located at the terminal building. The nature of the visitor information is to be determined by Council.

• Encourage the use of the display cabinets for a fixed period of time, to be offered

to local businesses free of charge. This policy does not preclude the erection of temporary banners and the like promoting special events of significant community interest. Related Legislation, Regulations and Policies Nil Responsibilities The responsibility of this policy rests with the Airport Manager.


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SUBJECT: AERODROME UPGRADE POLICY FILE NO: AER/0902 ADOPTED BY COUNCIL ON: 18 November 2010 MINUTE

NO: 367.11.2010

Introduction Due to a growing number of requests from airline charter companies wanting to utilise the Whitemark Airport in aircraft carrying greater than 30 passengers it is necessary for Council to adopt a policy that directs any future upgrades of the facility towards meeting the requirements set out for licensing by CASA as a certified airport with the future vision of becoming so. Objectives The objective of this policy is to ensure that any future works carried out at the Whitemark Airport consider CASA requirements to become a certified aerodrome. Procedure Works of any nature undertaken at the airport must either comply or be working towards the requirements of CASA MOS part 139. It is the requirement of the Aerodrome Operations Supervisor to consult with the General Manager and Council to ensure this policy is, where possible, adhered to.

Related Legislation, Regulations and Policies Local Government Act 1993 Responsibilities The responsibility of this policy rests with the General Manager.


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SUBJECT: AVIATION POLICY

FILE NO: COM/0104

ADOPTED BY COUNCIL ON: 13 June 2002 MINUTE NO: 253.05.02 AMENDED BY COUNCIL ON: 25 August 2005 MINUTE NO: 494.08.05 AMENDED BY COUNCIL ON: 13 October 2005 MINUTE NO: 611.10.05 AMENDED BY COUNCIL ON: 13 February 2014 MINUTE NO: 739.02.2014 AMENDED BY COUNCIL ON: 10 April 2014 MINUTE NO: 782.04.2014 Council policy for air services to the Furneaux group is:

1. That Flinders Island Airport maintains its CASA certification. 2. That Council supports Regular Passenger Transport (RPT) operations and

locally based charter operators which provide a consistent and reliable service.

3. That Council continues to provide staff assistance for medical retrieval on an ongoing basis.

4. That Council continues to seek financial assistance from the State and Federal Governments to support the maintenance and upgrade of the islands’ Airport facilities.

5. That Council liaises with the management of Launceston and Essendon Airports to ensure that these organisations continue to be aware of the importance of their facilities to the residents of the Furneaux Islands.


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SUBJECT: FLINDERS ISLAND AIRPORT – CHARGES

FILE NO:

AER/0402

ADOPTED BY COUNCIL ON: 14 June 1994

MINUTE NO:

146.06.94


AMENDED BY COUNCIL ON: 21 October 2010 MINUTE NO: 342.10.10

AMENDED BY COUNCIL ON: 15 November 2012 MINUTE NO: 343.11.12 Introduction To alert aviators/charter operators/RPT services that landing charges are applicable. Objectives To clarify who the charges relate to and that they are updated annually. Procedure Council recognises that Airport operations play an important role in local economic development, and it is also recognised that the Aerodrome is a significant gateway to local business interests. In recognition of this statement it is the policy of the Flinders Council not to levy charges in circumstances where: 1. The collection of the levy is not in the interest of the Council; or 2. There is no charge for RFDS flights or recognised search and rescue flights

through day light operating hours but any night (after hours) call outs will be a charged back to the entity.

In all other circumstances, unless specifically identified by the Council, it is the policy of the Flinders Council to levy and collect landing charges which are considered annually and included in Council’s schedule of fees. All matters relating to levying and collection of landing charges are to be determined by the General Manager, providing such determination is in line with decisions of Council, relevant by-laws and the Local Government Act, 1993. The General Manager’s authority to exercise management discretion is limited to amounts up to $500.00 with an annual limit of $3,000.00. Related Legislation, Regulations and Policies NA Responsibilities The responsibility of this policy rests with the Finance Manager and Airport Manager.


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SUBJECT: POLICY FOR LEASING LAND FOR AIRCRAFT AT FLINDERS ISLAND AERODROME

FILE NO:

AER/0501

ADOPTED BY COUNCIL ON: 11 August 2005 MINUTE NO: 475.08.05 AMENDED BY COUNCIL ON: 23 September 2010 MINUTE NO: 285.09.10 Introduction Council, as owner of the airport, controls leasing of land at the airport and encourages new development and users at this facility. Objectives Flinders Council aims to develop a master plan with regard to the layout of the airport and placement of structures within its environs. Procedure It is the policy of this Council that any applications for leasing of land for aircraft hangers and/or storage at the Flinders Island Aerodrome will be subject to the following arrangements before a leasing arrangement will be considered by Council, namely: • That the applicant must make a direct application to the Aerodrome Supervisor

for a security clearance to the airside area of the Flinders Island aerodrome. This will involve Tasmanian and Federal police checks, and immigration checks and any other security checks as required by State or Federal Statutes.

• If the appropriate security clearances are obtained the applicant will be provided

with access to the airside area and be placed on the aerodrome register and the appropriate deposit be paid and held in the Flinders Council Trust/Refundable deposit account.

• The development of a building on the leased land for aircraft storage must

comply with Flinders Planning Scheme 1994 (amended June 2003) and all building regulations and professional builder requirements and will need to be submitted for Council consideration as the preferred applicant, and the prescribed fees paid.

• The applicant must submit layout drawings that will show the precise aircraft

storage details including entrance and egress to the main runway. This is necessary for Council management to assess and develop the necessary infrastructure that will need to be considered in the lease.

• A bond of $1000 is to be placed in trust with Council prior to the development of

the infrastructure taking place. This bond will be recouped after the lease is executed.

On the basis of compliance with the above arrangements, Council will consider entering into a leasing arrangement with the preferred applicant and negotiate a term lease which, apart from standard commercial terms in a lease of this nature, will incorporate the amortized infrastructure cost of the designed area to


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accommodate aircraft movement and an average annual fee for landings of the aircraft. Council will not consider providing power to leased sites.

Council will consider a designated area for hangers and encourage uniformity with regards to size; elevations; colour.

A key condition in the lease would be that after the lease is terminated by either party the asset (building) can be transferred to another approved Council lessor. Related Legislation, Regulations and Policies Land Use Planning and Approvals Act 1993 Building Act 2000 Building Regulations 2004 Plumbing Regulations 2004 Flinders Planning Scheme 1994 (amended June 2003) Responsibilities The responsibility of this policy rests with the General Manager and the Aerodrome Operations Supervisor

Flinders Council Policy Manual CS1

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SUBJECT: ABORIGINAL RECONCILIATION

FILE NO: CUL/0101

ADOPTED BY COUNCIL ON: 12 December 1995 MINUTE NO: 243.12.95


The Flinders Council adopts the vision statement of the Australians for Reconciliation Council which is of a “united Australia which respects this land of ours, values the Aboriginal and Torres Strait Island heritage, and provides justice and equity for all.”


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SUBJECT: ACCESS POLICY

FILE NO: LEG/0200

ADOPTED BY COUNCIL ON: 10 September 1996 MINUTE NO: 221.09.96



Introduction Council adopts the following policy in recognition of its obligations under the Commonwealth Disability Discrimination Act, 1992: Objectives The Flinders Council recognises that people with disabilities are valued members of the community and make a variety of contributions to the local social, economic and cultural life. Procedure Council believes that people with disabilities have the same right of access to Council managed services, facilities and functions as people without a disability. Council is committed to consulting with people with disabilities, their families and carers to ensure that barriers to access of council managed services, facilities or functions are identified and addressed appropriately. Council will also consider making provisions for the needs of the disabled in its budget process. Council’s understanding of disability is defined by the Disability Discrimination Act (s4) as

• Total or partial loss of the person’s bodily or mental function • Total or partial loss of a part of the body • The presence in the body of organisms causing disease or illness • The presence in the body of organisms capable of disease or illness • The malfunction, malformation or disfigurement of a part of the person’s body • A disorder or malfunction which results in the person learning differently from a

person without the disorder or malfunction • A disorder, illness or disease which affects a person’s thought processes,

perception of reality, emotions or judgement or which results in disturbed behaviour

• The disability presently exists • The disability previously existed but no longer exists • The disability may exist in the future • The disability is imputed to a person Related Legislation, Regulations and Policies Commonwealth Disability Discrimination Act 1992 Responsibilities The responsibility of this policy rests with the Risk Management Officer


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SUBJECT: DOG MANAGEMENT POLICY FILE NO: ANI/0204 ADOPTED BY COUNCIL ON: 15 May 2008 MINUTE NO: 218.05.08 AMENDED BY COUNCIL ON: 21 February 2013 MINUTE NO: 446.02.2013

Background The Dog Control Act 2000 came into force on 4th April 2001. This Act replaced the Dog Control Act 1987 as the primary Act managing the control of dogs in Tasmania. The object of the Dog Control Act 2000 (as amended) is:

(a) To make better provision for the care and control of dogs except those exempted by the Minister under Section 15A(2)(b) of the Act;

i. By requiring the registration and micro-chipping of all dogs; and ii. By making special provision in relation to Restricted Breeds/Dangerous

Dogs; and iii. By imposing on the owners of dogs, obligations designed to ensure that

dogs do not cause a nuisance to any person or other animal.

and

(b) To make provision in relation to damage caused by dogs. Council is responsible for the implementation of the provisions in the Act. This includes the development of a code for responsible dog ownership, provision for declared exercise and prohibited areas if so required, enforcement of dog control and the operation of a dog pound. Responsible Dog Ownership Code The current Legislation gives rights to dog owners in the Flinders Municipality and clearly defines their responsibilities. Dog Owners’ Responsibilities

You must ensure your dog has adequate food, shelter and water; You must register and microchip your dog unless in a group of dogs

exempted by the Minister eg: working dogs; You must provide your dog with adequate daily exercise; You must walk your dog on a lead within town boundaries; You must ensure your dog’s living area is kept hygienically clean and tidy; You must remove your dog’s faeces from any public place; Ensure your dog doesn’t attack/harass/frighten any other animal or person; Ensure that your dog is not a nuisance (e.g. barking excessively); You must never take your dog into a prohibited area; You must restrain your dog while it is in or on a vehicle. It should be

restrained on a lead short enough so as it cannot leave the vehicle or reach people that are walking by;

Don’t let your dog run up to people or jump up to greet them;


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Ensure your dog can’t escape from its yard; Always put your dog on a lead when approaching other dogs and people; Respect signage regarding dogs on leads or dog prohibited areas; and Notify Council if your dog has passed away.

REMEMBER BREACHES OF THE ABOVE MAY RESULT IN ‘ON THE SPOT FINES’. Council Responsibilities and Objectives Objective 1: To actively promote responsible ownership of dogs

• By encouraging registration and micro-chipping of all dogs; and • By education on responsible ownership.

Objective 2: To achieve the highest possible level of voluntary compliance within the Dog Control legislation

• By promoting the benefits of having a registered dog; • By offering inducements for those that register early; • By offering free advice on containing dogs and related problems; and • By placement of Dog Waste Dispensers where appropriate.

Objective 3: To properly balance the rights of people to own dogs against the rights of non-dog owners not to be unduly effected by the presence and/or activities of dogs

• To encourage dogs to be kept on leads within townships; • To assist people to remove their dog’s feces by installing Dog Waste

Dispensers; • To encourage people to walk their dogs (under effective control) on tracks and

walk ways to promote healthy lifestyles for human and hound; and • To promote public events as being ‘dog free’ in the interest of those who do

not appreciate dogs. Promotion of the Objectives Education Council sees education as the best tool to combat problems associated with dogs and we will endeavour, where practicable, to use education as our main “tool’. Community Health and Safety Council has a role in improving community safety and health. Therefore, it is necessary to manage the activities of dogs. This involves avoiding potential conflict and minimising danger and distress caused by dogs to the community.


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To maintain an acceptable level of community safety and health, Council will encourage all dog owners to ensure that their dogs are kept under effective control at all times by:

• Ensuring that all dogs are either on a lead, in a car or close to their owner in the townships of Whitemark and Lady Barron and the Villages of Emits, Killiecrankie and Palana;

• Requiring dogs to be tethered at all times when riding in the back of utilities. • Ensuring that dogs are not allowed in shops, cafés or where food is served for

hygiene reasons; and • Regularly monitoring the Municipality for straying dogs.

Dogs are not permitted to be taken into the grounds of a school, pre-school, kindergarten, crèche, shop, public swimming pool, playing area of a sports ground on which sport is played, or any area within 10 metres of a playground or any National Park. Enforcement When dogs have attacked or threatened a person or animals, or compromised community health and safety, enforcement action will be taken to control the problem. This may include:

• Issuing of a warning or infringement notice; • Prosecution when the offence or the effects of the offence are significant, in

accordance with the Dog Control Act 2000; • Impounding of roaming dogs; or • Euthanasia of the offending animal.

Dangerous Dogs Problems exist within a small section of the dog population, which pose a significant threat to the community through aggressive behavior. These are the dogs that may threaten or attack people or animals causing injury, damage or distress. It is important that where dogs are perceived (through their behavior) as dangerous, that the Council or the Police are informed to enable a proper investigation to take place and any necessary action to be taken to ensure public safety. A dog may be declared dangerous if the dog has caused serious or non- serious injury to a person or another animal, or there is reasonable cause to believe that the dog is likely to cause injury to a person or another animal. A guard dog is also a dangerous dog under the Act. When dealing with dangerous dogs Council may:

• Issue a warning or an infringement notice; • Prosecute, where the offence or the effects of the offence are significant; • Declare offending dog(s) to be a dangerous dog(s);


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• Seize and detain a dog believed to have attacked a person or animal to enable a proper investigation to take place;

• Ensure all requirements of the Dog Control Act 2000 are undertaken with regard to a dangerous dog; or

• Euthanise the animal. What Are the Regulations?

Dangerous Dog Collars The dog must wear an approved Dangerous Dog Collar at all times. (Available only from Council) Failure to do so may lead to a fine of up to $2000.00.

Microchip Identification If there is no appeal in regard to the declaration of a dangerous Dog, an owner must ensure the dog is implanted in an approved manner with an approved microchip within 30 days after receiving a notice Failure to do so may lead to fine of up to $1000.00. The microchip is not to be removed from the dog without the approval of the General Manager Failure to do so may lead to a fine of up to $2000.00.

When in a public place In addition to the regulations regarding collars and microchips:

1. The owner or person in charge of a dangerous dog must ensure that the

dog is securely muzzled; and

2. The dog must be on a lead not exceeding 2 meters which is capable of controlling and restraining the dog; and

3 A dangerous dog must be under the control of someone who is at least 18 Year’s old.

When on private premises In addition to the regulations regarding collars and microchips: The owner or person in charge of a dangerous dog must ensure that the dog is housed in a child proof enclosure

Child Proof Enclosures A child proof enclosure is to meet the minimum standards of being:

Fully enclosed;


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With walls, roof, and gate to be constructed of brick, timber and iron, or chain mesh made from 3.15mm or 4mm weld mesh with a maximum mesh spacing of 50mm; and

Floored which is to be constructed of concrete with a minimum depth of 100mm and graded to allow drainage.

The walls are to be fixed to the floor or constructed to be no more than 50mm above the floor;

The gate is to be self- closing and contain a lock which is to be used whenever the dog is in the pen;

Have a minimum floor area of 10 square meters; Have a minimum height of 1.8 meters, and the area must be roofed; Have a minimum width of 1.8 meters; and Contain a raised (50mm) weatherproof sleeping area.

Property Inspections Properties containing dangerous dogs will be inspected from time to time to ensure compliance with the required conditions and regulations. Warning Signs The property where a dangerous dog is kept must display approved Dangerous Dog Signs at all entrances. When you must notify Council The owner or person in charge of a dangerous dog must notify Council if:

The dog is missing; or The dog dies.

Restricted Breed Dogs Dogs of a breed which have been banned from importation into Australia may be declared restricted breed dogs. Of the breeds banned from importation, only the American Pit Bull Terrier or Pit Bull Terrier is understood to be in Tasmania. Once a dog has been declared a restricted breed it must be de-sexed and microchipped within 28 Days and an approved Restricted Breed Sign must be displayed at front entrance of your property. Control of a Restricted Breed dog in a public place When a Restricted Breed dog is in a public place, the owner or person in charge of the dog must ensure that the dog is:

• Muzzled so as to be unable to bite a person or animal; • Held on a lead that is not more than two meters long, and which is sufficient to

control and restrain the dog; • Under the control of a person at least 18 years old; and • Wearing an approved collar at all times (an approved collar has distinctive

markings and is available through Council).


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For Further information regarding Restricted Breeds and Dangerous Dogs please call into Council to collect an information sheet. How to Avoid Being Bitten

Never Approach a strange dog. Stand still but never turn your back on a dog. Avoid direct eye contact (eye to eye) Clasp hands in front of you, place your hands on upper chest and tuck your

arms in close to your body. Slowly back up to a safe area. Contact Council if a dog is not under effective control and behaves in a

threatening manner towards you.

Signs of an Aggressive Dog A dog may be aggressive toward you for a number of reasons. It may be that they are hurt and scared. Be that as it may, if you see a dog showing any of the following signs do not approach the dog;

Growling. Lifts its lips and shows it’s teeth. Raises the hair on its back. Backs Away.

Nuisance The activities of dogs can cause annoyance and discomfort to members of the community. The nuisances caused by dogs cover a wide range of issues and include:-

• Barking dogs; • Dog pooing in public places and other peoples property; and • Roaming dogs.

The Dog Control Act 2000 states that a dog is a nuisance if: (a) it behaves in a manner that is injurious or dangerous to the health of any

person; or (b) it creates a noise, by barking or otherwise, that persistently occurs or

continues to such an extent that it unreasonably interferes with the peace, comfort or convenience of any person in any premises or public place.

Barking Barking dogs can be a difficult issue to deal with as every situation is different. A noise that consistently occurs or continues to such an extent that it unreasonably interferes with the peace, comfort or convenience of any person in any premises or public place may be harmful to people’s health and constitute a noise nuisance.


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We urge residents to politely contact the owner directly, initially to resolve the problem as this is proven to be the most effective approach and also assists to maintain neighborhood harmony. If initial contact fails to make improvements, keeping a diary of the times and longevity of the nuisance is recommended. The diary may then be used to either further indicated to the dog owner what a nuisance their dog is creating or can be submitted to Council as evidence to accompany an official complaint. Working Dogs The Dog Control Act 2000 states that a working dog means a dog used principally for:

(a) droving or tending livestock; or (b) detecting illegal substances; or (c) searching, tracking or rescuing; or (d) working with police officers.

To be classified as a working dog, a dog must be used principally for the above. Working dogs should also be of a “working breed” and therefore household pet breeds may not be registered as such by Council. Under section 15A(2)(b) of the Dog Control Act 2000, working dogs are declared as a class of dog that is not required to be implanted with an approved microchip under section 15A of the Act. Lost/Stray Dogs If you lose your dog contact the Council Office on 63 595 001. If a dog is impounded there are charges for the collection of the dog and daily impoundment fees that are incurred for each day that the dog remains in the pound. The dog must be registered and booked in for microchipping before being released from the pound (if it is not already). If you find a dog that seems to be lost or is roaming unattended, contact the Council on 63 595001. Costs The provision of a dog control service includes the maintenance of dog registration databases, the monitoring of regulations, management of the pound, investigation of complaints, enforcement actions, provision of education programs and the servicing dog poo bag dispensers etc. Where possible Council will recover the cost associated with dog control from those who benefit from the service, where they can be identified.


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Council aims to recover the majority of the costs associated with dog control through:-

• Registration and control fees • Enforcement through infringement notices.

Fees will be reviewed annually, with the focus being to minimise cross subsidisation of dog control wherever possible. Registration/Microchipping The maintenance of a registration/microchipping system is both a statutory requirement and an essential component of the efficient operation of a dog control service. Information will be provided to owners and potential owners about their obligation to register their dog. Registration will be monitored and action taken against owners that fail to register. This includes:-

• Issuing of a warning or an infringement notice. • Requiring all dogs to be registered/Microchipped before they are

released from the pound. Wildlife and Dogs Native or protected wildlife can be adversely affected by dogs, which can damage both populations and habitat. Where it is identified that dogs have a significant adverse effect on wildlife or their habitats, access for dogs may be restricted or in some instances prohibited (with the exception of Guide and Hearing dogs). Areas declared to be restricted or prohibited areas will be identified by the appropriate signage. Dogs on reserved land What is reserved land? Reserved land is any land as defined under the Nature Conservation Act 2002 and includes National Park, conservation area and Crown Land. Within the Flinders Municipality, this land is managed by Parks and Wildlife Services (PAWS). Where is the reserved land?


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The most significant areas that dog owners should be aware of are the beaches, Strzelecki National Park and recreational areas controlled by PAWS. Some of the bush areas may be conservation areas also under this jurisdiction. What do I need to do? Generally respect any signage that PAWS have erected and always try to check who the property owner is prior to taking your dog for an outing. PAWS have their own set of legislation and regulations with regards to dogs. To ensure you are compliant with their requirements always check for and read the PAWS signage and if you are still unaware contact the local ranger in charge. Prohibited Areas Section 22 of the Dog Control Act 2000 states:

1. A council may declare an area containing sensitive habitat for native wildlife to be an area where dogs are prohibited from entering.

2. A person must not take a dog that is not a guide dog or hearing dog into a prohibited area.

Section 28 of the Dog Control Act 2000 states that a person must not take a dog into:

(a) any grounds of a school, preschool, kindergarten, crèche or other place for the reception of children without the permission of a person in charge of the place; or

(b) any shopping centre or any shop; or (c) the grounds of a public swimming pool; or (d) any playing area of a sports ground on which sport is being played; or (e) any area within 10 metres of a children's playground; or (f) any National Park.

Fees It is mandatory that all dogs, over the age of 6 months, are registered. Visiting dogs must display a registration tag from the Municipality in which they are registered, otherwise it must be a current Flinders Council tag. Council will continue to support guide dogs by exempting fees for those animals, however contact must be made with Council to ensure that your guide dog is still ‘registered” each year and you have obtained your tag. Guide dogs are still required to be microchipped.


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Sterilised dogs will continue to be cheaper than ‘entire’ dogs though working dogs will remain cheaper again. Registration fee discounts are provided in the month of July each year. Dogs found “wandering” the streets, obviously out of any ownership control or reported by the public will be impounded and a fee will be charged for the collection and impounding of the dog. The owner of the dog will be contacted immediately if the animal is found to be wearing a registration tag, however additional fees will be charged for each day that the dog remains impounded.


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SUBJECT: FUNERAL DIRECTOR FILE NO: CSV/0600

ADOPTED BY COUNCIL ON: 9 September 2004

MINUTE NO: 415.09.04

AMENDED BY COUNCIL ON: 25 August 2005 MINUTE NO: 497.08.05


Introduction This policy has been introduced to support the community due to the absence of a private Funeral Director with in the Flinders municipality. Objectives The policy gives the community the ability to utilise Flinders Council as Funeral Directors. Procedure It is the policy of the Flinders Council that Management is authorised to act as a Funeral Director within the Flinders Council area when approach by a client requesting such services. Related Legislation, Regulations and Policies Burial and Cremation Act 2002 Responsibilities The responsibility of this policy rests with the General Manager.


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SUBJECT: HIRE OF MUNICIPAL HALLS

FILE NO: AME/0504

ADOPTED BY COUNCIL ON: 9 September 2004 MINUTE NO: 415.09.04 AMENDED BY COUNCIL ON: 25 August 2005 MINUTE NO: 500.08.05 It is the Policy of Flinders Council that: • Management is authorized to hire out, at its discretion, Whitemark, Emita and Lady Barron Municipal Halls, hall furniture, crockery and

cutlery.

• Halls be hired out in a safe, clean and useable condition.

• A record of the client and any required client’s insurance policy be kept.

• An invoice be raised.

• Management liaise with the Emita and Lady Barron Hall Special Committees.


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SUBJECT: SPONSORSHIP OF THIRD PARTY PROJECTS AND EVENTS

FILE NO: FIN/1002

ADOPTED BY COUNCIL ON: June 2008 MINUTE NO: 262.06.08 AMENDED BY COUNCIL ON: 23 September 2010 MINUTE NO: 288.09.10 Introduction Council supports Community Organisations which might not have the correct status to be eligible to apply for grants. Objectives Council wishes to support Community Organisations because of the benefit that the community receives due to their efforts. Procedure Council recognises that Community groups and other small not-for-profit organisations can require assistance to complete projects that provide benefits to the community. Council provides assistance to these Community groups in two forms: 1. Financial assistance through annual “Community Grant” and “Gunn Bequest”

funding (advertised annually) 2. Sponsorship/Management/Stewardship of projects. Council also recognises that Government agencies and departments regularly require applications for funding assistance from community groups and other organisations to be sponsored by an incorporated body such as Council. It is accepted that Council has the ability to: 1. Manage projects/events within budgetary and administrative guidelines. 2. Receive and manage funds and process same within the constraints of the

“New Tax System” To reduce the potential for future difficulties with administration of grant submissions and to ensure that any financial risk to Council is minimized, all projects (valued at over $1,000) must be submitted to the Finance Manager (or his nominee) for review at least three weeks prior to the closure date for the grant application. Where the requirement for pre-submission budget approval is not met, Council reserves the right to reject sponsorship entirely, or may seek a written undertaking that any funding shortfalls related to the grant would be met by the organizing body. Related Legislation, Regulations and Policies NA Responsibilities The responsibility of this policy rests with the General Manager and the Finance Manager.


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SUBJECT: TASMANIAN TIDY TOWN COMPETITION

FILE NO: PUB/0103





AMENDED BY COUNCIL ON: 15 November 2012 MINUTE NO: 346.11.12 It is the policy of the Flinders Council to support participation in the Tasmanian Tidy Towns Competition by: • developing strategies that will create pleasant areas for recreation and generally

beautifying and improving community surroundings; • payment of entry fees to a total value of $200.00 per annum.


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SUBJECT: WYBALENNA

FILE NO: CUL/0103

ADOPTED BY COUNCIL ON: 11 October 1994 MINUTE NO: 237.10.94



AMENDED BY COUNCIL ON: 15 November 2012 MINUTE NO: 347.11.12

Council recognises the importance of Wybalenna to Australian, Aboriginal and local history. It also recognises that Wybalenna and its environs is a local, state and national significance. Flinders Council believes the local management committee for the Wybalenna site should include representatives of the Flinders Island Aboriginal Association Incorporated, and Flinders Council.


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SUBJECT: FOOD SAFETY POLICY

FILE NO: ENH/0700

ADOPTED BY COUNCIL ON: 16 June 2011 MINUTE NO: 171.06.2011 ADOPTED BY COUNCIL ON: MINUTE NO:

Introduction Food poisoning and infectious disease can be a serious health problem for a local community. Where premises handle and sell food, if food is not safely stored and handled correctly bacteria can multiply to dangerous levels and cause illness. This Policy is intended to outline Flinders Council’s role, and the measures put in place to prevent such food related illness. Objectives This Policy is intended to outline Flinders Council’s role, and the measures put in place to prevent such food related illness. Procedure Food Premises Registration Council sets a fee each year as per its schedule of fees and charges. The fee for permanent food premises registration shall ensure the provision of 3 inspections per year. Food Premises Registration Common Expiry Date Annual food premises licences are to expire on the 30th of June each year. Notifications of impending licence expiry are to be sent out to holders of annual food premises licences, a minimum of two weeks prior to expiry. Food Premises Register An up to date Food Premises Register is to be maintained of all food premises within the Council municipality. The Register shall outline the class of business, licence expiry date, a record of inspections, and inspection details. Registered Food Premises shall be provided with a Registration Certificate Food Premises Registration Certificate A Food Premises Registration Certificate will be accompanied by recommended data collection forms. The need for each form will be assessed by the Environmental Health Officer at the time of individual food inspections. Subsequent food inspections will consider all past collated information. The recommended forms will cover:

• Temperature records; • Cleaning programs and schedules; • Food receipt; • Hot holding temperatures; • Waste cleaning and removal; and • Pest eradication.


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Inspection Program The island’s remote nature can mean that food has to travel quite some distance before it is served or consumed. The island also supports a strong tourism industry. In light of these factors it is imperative that food handlers remain vigilant on best practice food handling techniques. The best way to ensure this is to maintain a regular and random food inspection program which incorporates some food safety discussion with operators/managers, that reinforces proper food safety awareness. Flinders Council will provide each registered food premises with a minimum of three inspections per year. Additional random inspections will also be conducted. Food Safety Seminars One food safety seminar will be provided each year by Council’s Environmental Health Officer. The seminar must include the issues of: Food receipt, Food law, The 2hr/4hr rule, Food poisoning, Meat hygiene, Food Storage, Food Handling, Bacteria and cooking techniques. An assignment paper covering the above issues will be issued to seminar attendees. Those who pass the assignment paper will be awarded a Food Safety Seminar Certificate for the current year. Those who do not pass will be asked to attend another seminar or receive personal food handling tuition until the EHO is confident of the food handler’s ability. Private Water Suppliers All food premises in the Flinders Municipality utilise a private water supply – usually in the form of tank water. Those premises that provide water to customers will be required to register as a private water supplier with Council. It is understood that some food premises have installed disinfection or purification mechanisms, however this is not a requirement and compulsory water testing will not be a requirement. Complaints All complaints received by Council regarding food premises are to be investigated and resolved by the Environmental Health Officer as soon as possible. New Registrations of Food Premises A priority for inspection will be given to new registrations of food premises. The Environmental Health Officer is required to inspect these premises as soon as possible to ensure that the business has all relevant process requirements in place, and that proprietors are aware of resources available with regard to food safety. Related Legislation, Regulations and Policies Tasmanian Food Act 2003 Standard 3.1.1 (Interpretation & Application);


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Standard 3.2.2 (Food Safety Practices & General Requirements) Standard 3.2.3 (Food Premises & Equipment). Responsibilities The Council Environmental Health Officer is responsible for ensuring that the requirements of this policy are in place, and that relevant legislative requirements with regard to food premises/food safety are complied with.


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SUBJECT: CITIZEN OF THE YEAR AWARD POLICY

FILE NO: PUB/0800

ADOPTED BY COUNCIL ON: 13 February 2014 MINUTE NO: 738.02.14 AMENDED BY COUNCIL ON: MINUTE NO: Introduction The Flinders Municipality has the highest volunteer participation rate in Australia. The 2011 Census identified Flinders’ volunteer participation rate at 39% while the Australian average is less than 18% and Tasmania less than 20%. Many community members volunteer their time to assist organisations and individuals for the overall benefit of the Furneaux Community. Objectives Council wishes to recognise the outstanding voluntary contribution made by community members and to honour one worthy community member as Citizen of the Year on an annual basis. Procedural Guidelines 1.1 Advertising for nominations will be undertaken at least twice in the Island

News. 1.1 Nominations are to be submitted on the prescribed form. 1.2 Nominations will be considered and the Citizen of the Year determined by Full

Council in Closed Council 1.4 The Award will be presented at the Flinders Island Show by the Mayor or the

Mayor’s nominee. 1.5 A framed Citizen of the Year Award certificate will be presented to the

recipient. 1.6 The name of the Citizen of the Year will be added to the Citizens Honour

Board which is displayed in the Flinders Art & Entertainment Centre, Whitemark.

1.7 Council may, at its discretion, grant a Special Council Award for outstanding

contribution to the community. The recipient does not have to come from the pool of Citizen of the Year nominations but can be selected by Council.

1.8 Nominations are to be considered prior to consent being sought from

nominees, but consent must be sought from the nominee chosen as Citizen of the Year before any announcement of that individual as recipient is made. Should the nominee not agree to being named Citizen of the Year, Council will reconsider other nominations, if any.

1.9 Nominations will remain on the table for consideration for 3 years after which

time a new nomination is required.


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Criteria for selection 2.1 Only individuals are eligible to be nominated, not organisations. 2.2 Nominees must be over sixteen (16) years of age as of the 1st day of July in

the year of the nomination. 2.3 The award will be given to the person who has made the most significant

voluntary contribution for the benefit of the Furneaux Community, organisations or individuals.

2.4 Recipients can receive only one Citizen of the Year Award during their

lifetime. 2.5 Selection should be based on the quality of the contribution along with the

quantity of the contribution. Related Legislation, Regulations and Policies Local Government Act 1993 Responsibilities The responsibility of this policy rests with the General Manager.

Flinders Council Policy Manual F1

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SUBJECT: ASSET MANAGEMENT POLICY FILE NO:

FIN/0300

ADOPTED BY COUNCIL ON: 20th Sept 2012 MINUTE NO: 278.09.2012 AMENDED BY COUNCIL ON: MINUTE NO: AMENDED BY COUNCIL ON: MINUTE NO:

1. Purpose To set guidelines for implementing consistent Asset Management

processes throughout Flinders Council.

2. Objective To ensure adequate provision is made for the long-term replacement of major assets by: • Ensuring that Council’s services and infrastructure are provided in a

sustainable manner, with the appropriate levels of service to residents, visitors and the environment.

• Safeguarding Council assets including physical assets and employees by implementing appropriate asset management strategies and appropriate financial resources for those assets.

• Creating an environment where all Council employees take an integral part in overall management of Council Assets by creating and sustaining an asset management awareness throughout the organisation by training and development.

• Meeting legislative requirements for asset management. • Ensuring resources and operational capabilities are identified and

responsibility for asset management is allocated. • Demonstrating transparent and responsible asset management

processes that align with demonstrated best practice.

3. Scope This Policy applies to all Council activities.

4. Policy 4.1 Background

4.1.1 Council is committed to implementing a systematic asset management methodology in order to apply appropriate asset management best practices across all areas of the organisation. This includes ensuring that assets are planned, created, operated, maintained, renewed and disposed of in accordance with Council’s priorities for service delivery. 4.1.2 Council currently owns and uses approximately $51 million of non-current assets to support its core business of delivery of service to the community. 4.1.3 Asset management practices impact directly on the core business of the organisation and appropriate asset management is required to achieve our strategic service delivery objectives.


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4.1.4 Adopting asset management principles will assist Council in achieving its Strategic Longer-Term Plan and Long Term Financial objectives. 4.1.5 A strategic approach to Asset Management will ensure that the Council delivers the highest appropriate level of service through its assets. This will provide positive impact on:-

• Members of the public and staff; • Council’s financial position; • The ability of Council to deliver the expected level of service

and infrastructure; • The political environment in which Council operates; and • The legal liabilities of Council.

4.2 Principles

4.2.1 A consistent Asset Management Strategy must exist for

implementing systematic asset management and

appropriate asset management best-practice throughout all

Departments of Council.

4.2.2 All relevant legislative requirements together with political, social and economic environments are to be taken into account in asset management.

4.2.3 Asset Management principles will be integrated within existing planning and operational processes.

4.2.4 Asset Management Plans will be developed for major service/asset categories. The plans will be informed by community consultation and financial planning and reporting.

4.2.5 An inspection regime will be used as part of Asset Management to ensure agreed service levels are maintained and to identify asset renewal priorities.

4.2.6 Asset renewals required to meet agreed service levels and identified in adopted Asset Management Plans and Long Term Financial Plans will be fully funded in the Annual Budget Estimates.

4.2.7 Service levels agreed through the budget process and

defined in adopted Asset Management Plans will be fully

funded in the Annual Budget Estimates.

4.2.8 Asset renewal plans will be prioritised and implemented progressively based on agreed service levels and the effectiveness of the current assets to provide that level of service.

4.2.9 Systematic and cyclic reviews will be applied to all asset classes


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and are to ensure that the assets are managed, valued and depreciated in accordance with appropriate best practice and applicable Australian Standards.

4.2.10 Future life cycle costs will be reported and considered in all decisions relating to new services and assets and upgrading of existing services and assets.

4.2.11 Future service levels will be determined in consultation with the community.

4.2.12 Training in Asset and Financial Management will be provided for all Councillors and relevant staff.

5. Legislation Local Government Act 1993

Local Government (Highways) Act 1982 Local Government (Buildings & Miscellaneous Provisions) Act 1993 Land Use Planning & Approvals Act 1993 ISO 31000:2009 Risk Management – Principles & Guidelines Australian Standards (AS)

6.Related Documents

Asset Management Strategy and associated Asset Management Plans.

7. Responsibility Councillors are responsible for adopting the Policy and ensuring that

sufficient resources are available to manage all assets. The General Manager has overall responsibility for developing an Asset Management Strategy, plans and procedures and reporting on the status and effectiveness of Asset Management within Council.

8. Review Date

This policy has a life of 4 years. It will be reviewed in July 2016.


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SUBJECT: CODE OF TENDER AND CONTRACTS POLICY

FILE NO: WOR/0300

ADOPTED BY COUNCIL ON: 16 July 2009 MINUTE NO: 263.07.09

AMENDED BY COUNCIL ON: MINUTE NO: Introduction The purpose of this Code for Tenders and Contracts (Code), is to provide a policy framework on best practice tendering and procurement methods in line with the legislative requirements of the Local Government Act 1993 (the Act), and the Local Government Regulations 2005 (Regulations). With this Code Flinders Council aims to achieve the purchasing principles of: • open and effective competition; • value for money • enhancement of the capabilities of local business and industry; and • ethical behaviour and fair dealing.

The Local Government Act 1993 requires every council to adopt a code relating to tenders and contracts by 1 January 2006. This Code: • is consistent with the Act and the Regulations; and • includes procedures and guidelines for any prescribed matter.

As a measure of accountability and transparency, the General Manager will: • make a copy of this Code (and any amendments) available for public

inspection at the public office during ordinary office hours; and • publish a copy of this Code on Flinders Council’s website. The Act and Regulations require Flinders Council to invite tenders for any contract it intends to enter into for the supply or provision of goods or services valued at or above $100,000 (excluding GST). In accordance with the Regulations, Flinders Council will invite tenders by one of the following means: (i) an open tender process; (refer Sections 5.1 through to 5.11) (ii) a multiple-use register; or (refer Section 5.12) (iii) a multiple-stage tender. (refer Section 5.13)

There are circumstances in which Flinders Council is exempt from undertaking the above processes. These circumstances are described in Section 6.

For purchases under the $100,000 threshold, Flinders Council, in accordance with the Regulations, has decided that a quotation process will be undertaken. Flinders Council may choose to grant an exemption from undertaking a quotation process where the same circumstances exists for that of a tender described in Section 6.

Flinders Council will not split a contract into two or more contracts for the primary purpose of avoiding compliance with the requirement to publicly invite tenders.


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Definitions

Building Construction - the construction and refurbishment of buildings and residential properties, and associated maintenance (services and residential) and professional services (e.g. architects).

Code – refers to this Code for Tenders and Contracts which has been developed in accordance with the requirements of the Local Government Act 1993 and the Local Government Regulations 2005.

Consultant - a person or organisation, external to a council, engaged under a contract on a temporary basis to provide recommendations or high level specialist or professional advice to assist decision making by council. The consultant will be expected to exercise his or her own skills and judgement independently of the council. It is the advisory nature of the work that distinguishes a consultant from a contractor.

Contractor - a person or organisation, external to the council, engaged under a contract for service (other than as an employee) to provide specified services to a council.

Contract - a contract is an obligation, such as an accepted offer, between competent parties upon a legal consideration, to do, or abstain from doing, some act.

Expression of Interest (EOI) - an Expression of Interest may be used as a means of exploring the market or to pre-qualify businesses to reduce the cost of tendering by restricting the issue of formal tenders.

Industry Capability Network Tasmania (ICNTAS) - promotes Tasmanian industry through import replacement and opportunities for participation in major projects, government procurement and commercial developments. For more information go to www.icntas.org.au

Local Business - any business operating and/or based in the Furneaux Group.

Multiple-stage purchasing - a process which allows for a preliminary assessment of the market to be made in terms of the capabilities of potential suppliers and the goods and services that are available to satisfy the requirement, before a final purchasing stage is undertaken.

Procurement - the entire process by which all resources are obtained by an entity, including planning, design, standards determination, specification writing, selection of suppliers, financing, contract administration, disposals and other related functions.


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Probity - probity is a risk management approach to ensuring procedural integrity.

Probity Advisor - a Probity Adviser provides advice on probity issues before and during the process of tendering and contracting to ensure the process is fair and in accordance with the Council’s guidelines.

Public Tender - a tender where any business that can meet the requirements of the Request for Tender has the opportunity to bid.

Purchasing - the acquisition of goods or services.

Quotation - the bid submitted in response to a Request for Quotation from the Council.

Request for Quotation - either a verbal or written request for offers from businesses capable of providing a specified work, good or service.

Request for Tender - a document soliciting offers from businesses capable of providing a specified work, good or service. Requests for Tender are usually advertised.

Standing Tender – a tender from which a single tenderer or multiple tenderers may be contracted for a specified period to provide specified goods or services during that period without the need for a further tender process.

Tender - a proposal, bid or offer that is submitted in response to a Request for Tender from the Council.

Tender Box – the point of lodgment for tenders to ensure that the documentation is kept secure until the tender period closes. Generally a tender box: is a box or cabinet with an opening which allows large envelopes to be lodged, but which does not permit access to the contents; should be secured in a fixed position; and should be locked with two locks with different keys, maintained by two different officers.

Tender Review Committee – a committee established to review the process used for all building and construction and goods and services tenders over $100,000.

Value for Money - achieving the desired outcomes at the best possible price.

Verbal Quotation - a verbal Request for Quotation. A verbal response may be adequate for low value purchases.

Written Quotation - a written Request for Quotation to undertake specific works or supply goods and services.


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Purchasing Principles This Code has been developed in order to have a transparent set of strategies that Flinders Council will follow in order to comply with the four purchasing principles as required in the Local Government Act 1993. Below is a brief definition of each principle and what it means in practice to Flinders Council.

Open and effective competition

Open and effective competition – ensuring that the purchasing process is impartial, open and encourages competitive offers. In practice this means that Flinders Council will: • use transparent and open purchasing processes so that potential contractors,

suppliers and the public can have confidence in the outcomes; • adequately test the market by applicable processes. For example, by open

tender or by seeking quotations; • avoid biased specifications; and • treat all suppliers consistently and equitably.

Value for money

Value for money – achieving the desired outcome at the best possible price.

In practice this means that Flinders Council will weigh up the benefits of each purchase against the costs of that purchase. In doing this we may take the following factors into consideration: • fitness for purpose; • maintenance and running costs over the lifetime of the product; • the advantages of buying locally, e.g. shorter delivery times, local backup and

servicing, and the availability of spare parts; • the contribution to the achievement of other Council objectives such as industry

development and employment creation; • quality assurance and perceived level of risk; • the capacity of the supplier (e.g. managerial and technical abilities); and • disposal value.

Enhancement of the capabilities of local business and industry

Enhancement of the capabilities of local business and industry – ensuring that local businesses that wish to do business with Flinders Council are given the opportunity to do so.

In practice this means that Flinders Council will: • actively seek bids from local business, particularly from those which have

previously requested the opportunity to quote; • for purchases less than $10 000, Council will seek at least one verbal quote from

a local business; • for purchases between $10 000 and $100 000, Council will seek at least one

written quote from a local business;


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• for purchases greater than $100 000, Council will seek to get at least one tender from a local business; and

• where the market is unfamiliar and capacity is unknown, Council may contact ICNTAS and use BIZTAS, to check local capability.

Ethical behaviour and fair dealing

This principle means that all purchasing is undertaken in a fair and unbiased way and in the best interests of Flinders Council.

In practice this means that Flinders Council will: • be fully accountable for the purchasing practices that Council use and the

decisions Council make; • ensure that decisions are not influenced by self-interest or personal gain (i.e.

declining gifts or other personal benefits from suppliers); • identify and deal with conflicts of interest; • maintain confidentiality; and • ensure that all procurement is undertaken in accordance with Flinders Council’s

policies.

Ethics and Probity

Ethics

Flinders Council will observe the following ethical standards when making purchasing transactions: • all business will be conducted in the best interests of the ratepayers, avoiding any

situation which may impinge, or might be deemed to impinge, on impartiality; • all expenditure will be in accordance with the requirements of the Local

Government Act 1993; • all procurement activity will be undertaken without favour or prejudice and will aim

to maximise value in all transactions; • confidentiality will be maintained in all dealings; and • acceptance of gifts, gratuities or any other benefits which may influence, or might

be deemed to influence, equity or impartiality will not be permitted.

Probity

In order to achieve probity, Flinders Council will consider the following five probity principles throughout all stages of procurement and contracting processes to ensure success in achieving the best value for public money: • open competitive processes; • transparency of process; • identification and resolution of conflicts of interest; • accountability; and • monitoring and evaluating performance.


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Purchasing Code of Conduct The following points make up Flinders Council’s Purchasing Code of Conduct. The Council aims to: • ensure that all potential suppliers are provided with identical information upon

which to base tenders and quotations and are given equal opportunity to meet the requirements;

• establish and maintain procedures to ensure that fair and equal consideration is given to all tenders and quotations received;

• promote honesty and equity in the treatment of all suppliers of goods and services;

• provide a prompt and courteous response to all reasonable requests for advice and information from potential or existing suppliers;

• promote fair and open competition and seek value for money for the Council and its local community;

• seek to minimise the cost to suppliers for participation in the procurement process;

• protect commercial-in-confidence information; • satisfy accountability standards; • establish processes that avoid situations where private interests of our Council’s

employees may conflict with public/council duty and provide for the declaration of any conflicts of interest that do arise; and

• provide a clear statement that soliciting or accepting remuneration or other benefit from a supplier for the discharge of official duties is not permitted and may be illegal.

Making the Purchase

Procurement overview - processes

The following procurement overview is provided to give a brief outline on the way in which Flinders Council procures routine goods and services: (i) plan the purchase (which includes the selection of the most appropriate

purchasing method); (ii) prepare the relevant documents (e.g. quotation, tender or expression of

interest); (iii) invite and receive offers; (iv) evaluate those offers; (v) advise the successful bidder and offer to debrief any unsuccessful bidders;

and (vi) manage any contract that has been implemented as a result of the

procurement.


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Planning the Purchase

During the planning phase of a purchase the following steps may be taken by Flinders Council’s staff: • any relevant approval to undertake a purchase is obtained; • an estimate of the cost of the good or service is undertaken and available Council

funding of such a purchase is confirmed and an appropriate method of purchasing is chosen;

• market research and consultation is undertaken (e.g. what products are available on the market and how many suppliers);

• the specification is defined and mandatory requirements are identified. The specification will usually be developed in consultation with relevant Council stakeholders (useful resources during this phase may include previous or similar specifications);

• the establishment of an evaluation committee; • the establishment of evaluation criteria and evaluation methodology (undertaken

by evaluation committee); • the development of a risk assessment and management plan; • the commencement of a contract management plan; and • if necessary, the engagement of a probity advisor.

There are three tendering and procurement thresholds that require different levels of involvement in planning and executing the purchase. The following table refers to the thresholds and summarises what purchasing method Flinders Council utilises based on the total dollar value of the purchase.

Procurement

Value Minimum Requirement

$10 000 and below Verbal Quotations Where possible, at least three verbal quotations will be obtained, of which Council will seek at least one from a local business (if available).

Between $10,000 and $100 000

Written quotations Where possible, at least three written quotations will be obtained, of which Council will seek at least one from a local business (if available).

$100,000 and greater

Public Tender Tenders will be advertised in the Saturday edition of The

Examiner newspaper. Each of the tenders will be advertised on Council’s own

website Council will seek at least one tender from a local business (if

available).


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Flinders Council will apply the above requirements to the purchase of all goods and services with the exception of certain circumstances. The circumstances in which the above requirements may not be used are described under section 6 - Exemptions.

Purchasing Documentation

5.3.1 Verbal Quotations (for purchases below $10 000 excluding GST) Flinders Council will undertake most purchases below $10 000 on a verbal basis and as such there will not be any formal quotation documentation. However, Flinders Council may choose for all but very low-value / low-risk purchases, to provide suppliers with a written specification and request a written quotation.

5.3.2 Written Quotations (for purchases between $10 000 and $100 000 excluding GST)

The Request for Quotation (RFQ) is a document inviting offers from businesses to provide a specified good or service. Council’s quotation documents will include all terms and conditions of quotation, together with a clear description of the goods or services required, and the details of any applicable Council policies.

The complexity of the documentation will depend upon the nature and value of the purchase. Generally, the RFQ documentation will consist of:

• Conditions of Quotation - the conditions set out the terms under which Flinders Council will receive and evaluate offers. The conditions will usually include: - the evaluation criteria and a brief outline of the evaluation methodology to be

used; - the closing date, time and place of lodgment; - the Council’s contact details; - pricing requirements (e.g. the price should exclude GST); - relevant Council policies and principles; - the entitlement of unsuccessful bidders to be debriefed; and - information about the Council’s complaints process.

• Specification - The specification clearly, accurately and completely describes the essential requirements of the good or service being purchased. It is the basis of all offers and is the foundation for the contract. The specifications will usually include the: - functional requirements; - performance requirements; and - technical requirements.


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5.3.3 Tenders (for purchases greater than $100 000 excluding GST)

Flinders Council’s Request for Tender (RFT) is a document inviting offers from businesses to provide specified goods or services. Flinders Council’s Request for Tender documentation usually consists of four main parts. These four parts are:

• Conditions of Tender - The Conditions of Tender set out the terms under which Flinders Council will receive and evaluate tenders. The conditions will usually include:

- evaluation criteria and a brief outline of the evaluation methodology to be used;

- closing date, time and place of lodgment; - Council contact details; - pricing requirements (e.g. the price should exclude GST); - relevant Council policies and principles; - entitlement of unsuccessful bidders to be debriefed; and - information on the Council’s complaints process.

• Specification - The specification clearly, accurately and completely describes the essential requirements of the goods or service being purchased. It is the basis of all offers and is the foundation for the contract. The specification will usually include: - functional requirements; - performance requirements; and - technical requirements.

• Conditions of Contract - The Conditions of Contract contain the contractual terms defining the obligations and rights of the parties concerned. Generally, contracts are used for all purchases over $100 000, or where there are material risks involved.

• Tender Form - The Tender Form must be completed, signed and returned by the tenderer. It includes a declaration by the tenderer that: the tenderer agrees to the Conditions of Tender; the information provided in the tender is accurate and correct; and the person signing the form is duly authorised to do so.

Flinders Council, when preparing the tender documentation we will undertake the following procedures and processes:

• prepare clear and concise tender documentation that include all the terms and conditions of the planned purchase with a clear description of the goods or services required and details of any applicable Council policies;

• prepare tenders that include details of the intended duration of the contract, including any extensions that are applicable to the contract;

• prepare tenders that include details of the evaluation criteria (which are based on the specifications), any weightings to be used in the assessment of bids and the evaluation methodology;


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• under no circumstances will Council modify the evaluation criteria or methodology after the request for tender has been released without advising all potential tenderers;

• prepare specifications that do not restrict competition, reflect bias to any brand, or act as a barrier to the consideration of any alternatives;

• provide advice and details of any briefing sessions to be held in relation to the purchase;

• provide details on the availability of de-briefing sessions for unsuccessful bidders; • provide details on Council’s complaints process and include the contact details of

the complaints officer; • prepare documentation that clearly specifies the Council’s contact details

(including Contact Officer), closing time, date and place of lodgment; • prepare documentation that clearly states how and in what circumstances the

purchasing documentation can be altered including the length of time given to bidders to prepare their submissions (which is to be at least 14 days from the date on which the tender notice is published);

• provide advice on the treatment of late submissions; • provide an indication if alternative bids will be considered; and • where applicable, documentation such as tenders will be cleared by Council’s

legal advisors and the General Manager before being issued.

Inviting Offers

5.4.1 Verbal Quotations

Flinders Council will follow the following procedures when inviting verbal quotations: • provide each supplier with the same information and will give each supplier the

same amount of time to prepare a quote; and • seek at least one verbal quotation from a local business (if available).

5.4.2 Written Quotations

Flinders Council will follow the following procedures when inviting written quotations: • where possible, Council will seek at least three written quotations of which one

quotation will be sought from a local business if available; • in some cases, Council may choose to advertise a quotation if advantageous to

do so; • Council will directly send the invitation to quote to identified businesses (such as

businesses that already provide the service and businesses identified during the market research phase);

• exemption from seeking quotations will only be granted by the General Manager in circumstances outlined below under Exemptions;

• Council will issue the request for quotation documentation either by mail, facsimile or by e-mail;


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• when issuing a request for quotation to a business, the details of that business being will be recorded. The details recorded include: name of business; address; contact person; e-mail; telephone; and facsimile; and

• the time the Council provides to bidders to respond to the request for quotation will depend largely upon the nature and the complexity of the purchase, but equal time will be given to all businesses requested to quote.

5.4.3 Tenders

Flinders Council will do the following in respect of inviting tenders: • for tenders, we will advertise each tender at a minimum in the Examiner

newspaper and on our website at www.flinders.tas.gov.au. The following information will be specified: - the nature of the goods or services the Council requires; - any identification details allocated to the contract; - where the tender is to be lodged; - particulars identifying a person from whom more detailed information relating to

the tender may be obtained; and - the period within which the tender is to be lodged.

• Council tender documentation will available via mail, email, facsimile or from Council’s website at www.flinders.tas.gov.au (any electronic or online tendering process undertaken by Council will be in accordance with the requirements of the Electronic Transactions Act 2000);

• Council may send tender documentation directly to identified businesses, however, Council will not provide any documentation to any potential tenderer until the tender has been advertised (so as not to give one tenderer an advantage over another);

• Council will endeavour to get a minimum of three bids of which Council will seek at least one from a local business if available;

• In accordance with Council’s Purchasing Code of Conduct Council will ensure that all potential suppliers are provided with identical information upon which to base tenders and are given equal opportunity to meet the requirements;

• when inviting tenders Council will ensure that sufficient time has been provided to allow bidders to prepare an adequate response. At a minimum our tenders will be open for 14 days. However, this may increase dependant on whether the requirements are complex, or if it is likely that interested businesses may need to form partnerships/consortiums with other businesses in order to fulfill the requirements of the tender;

• when issuing a request for tender to a business, the details of that business will be recorded. The details recorded include: name of business; address; contact person; e-mail; telephone; and facsimile.

• if for any reason, there is a need to alter the tender documentation once it has been issued, an addendum will be sent to all businesses that have been issued with that documentation; and

• if it is necessary to extend the closing date of the tender the following will be done:


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- all businesses that have been issued with tender documentation will be advised in writing of the change in closing date; and

- the new closing date will be advertised in all newspapers and websites where the original advertisement was placed.

Communication with all potential suppliers and bidders – Contact Officer

In accordance with Flinders Council’s Purchasing Code of Conduct and the Purchasing Principles Flinders Council will do the following in respect of communication with all potential suppliers and bidders:

• nominate one contact person for each purchasing activity and clearly specify their name, contact details (including phone number and mailing address) so that tenderers know who to contact for more information (one only for probity reasons);

• the Contact Officer will be the sole point of communication with potential suppliers and bidders and will document any questions asked of them by a potential supplier or bidder and any response given;

• where possible, the Contact Officer will request that questions from potential suppliers and bidders be put in writing (email or facsimile will suffice). Any response from the Contact Officer will also be provided in writing;

• where possible the Contact Officer will limit the provision of information to the clarification of procedural issues; and

• any additional information provided to one prospective tenderer is also provided to everyone else who has requested or received tender documentation.

Receiving Offers

5.6.1 Verbal and Written Quotations

In receiving quotations, Flinders Council will hold any written or verbal quotation received prior to the closing time in a secure location to maintain confidentiality, to ensure probity and to protect the individuals involved from claims of unfair practices.

Depending upon the nature and value of the purchase, Flinders Council may from time to time, choose to use a tender box as a point of lodgement for written quotations, to ensure that the documentation is kept secure until the tender period closes.

All quotations that the Council receives will be clearly marked with the time and date of receipt, and recorded in an appropriate schedule or register.

The Council treats information provided by suppliers as confidential and will not provide this information to unauthorised persons.


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For written quotations, Flinders Council will follow the procedures set out in the conditions of quotations for any late quotations and by accepting a late quotation, we will ensure that we are not providing an advantage to that bidder over other bidders.

5.6.2 Tenders

Flinders Council will provide a locked tender box at the designated tender lodgement location. Our tender box will not be opened until the time set for the closing of tenders has elapsed.

Flinders Council treats information provided by suppliers as confidential and will not provide this information to unauthorised persons.

In receiving tenders, Flinders Council may reject non-compliant offers (in accordance with the terms of our tender documents) which: are lodged after the closing time without a valid reason; are not signed where required; are incomplete - for example, questions have not been answered, pages are

missing, or required documentation has not been attached (for example, insurance certificates);

do not comply with mandatory conditions of tender; or fail to meet mandatory specifications.

When opening Tenders Flinders Council will ensure that tenders are: opened in the presence of a minimum of two officers; and clearly identified and recorded.

Flinders Council will follow the procedures set out in the conditions of tender for any late tender submissions and by accepting a late tender, Council will ensure that Council are not providing an advantage to that bidder over other bidders.

Evaluating Offers 5.7.1 Verbal and Written Quotations

Flinders Council when evaluating verbal and written quotations do so with the objective of identifying the offer that best meets our requirements and provides the best value for money. When evaluating quotations Council take into consideration the following aspects of a bid:

• value for money, taking into account estimated life, disposal value and maintenance requirements and costs;

• price; • compliance with quotation specifications; • quality, delivery and service; • the full benefits of sourcing locally;


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• the consequences, including possible risks, of entering into a contract where there is one supplier, or a limited number of suppliers, that can provide and maintain the particular product over its lifetime; and

• any relevant Council policies. 5.7.2 Tenders Flinders Council will evaluate tenders in accordance with the evaluation criteria and methodology specified in the evaluation plan, which was developed prior to offers being invited. Under no circumstances will we modify the evaluation criteria or methodology after the Request for Tender has been released unless all potential tenderers are advised of the change in writing.

In evaluating tenders Council will undertake the following steps:

• Evaluate compliance - Screen all offers to ensure that they are complete and comply with all mandatory evaluation criteria. Offers which do not meet all mandatory criteria may be excluded from further evaluation. Non-compliant offers include those that: - were lodged after the closing time; - are not signed where required; - are incomplete - for example, questions have not been answered, pages are

missing, or required documentation has not been attached (for example, insurance certificates);

- do not comply with mandatory conditions of tender; or - fail to meet mandatory specifications.

• Clarify offers - It may be necessary to seek clarification from a tenderer if an offer is unclear. Clarification does not mean that tenderers can revise their original offer. Any clarification sought should be documented.

• Evaluate qualitative / non-cost criteria - this stage involves a detailed analysis of each offer against the non-cost or qualitative evaluation criteria and weightings specified in the evaluation plan (the supplier must demonstrate that they meet the evaluation criteria, not just assert it).

• Shortlist offers - This step is only used for complex purchases in order to eliminate offers that are clearly not competitive. However, during this process, eliminated offers are not yet totally rejected, and may be re-visited later in the evaluation process.

• Requests for Tenderers to make a formal presentation - If appropriate, and tenderers have been forewarned in the Conditions of Tender, tenderers may be requested to make a formal presentation to the evaluation committee, clarifying their tender and providing the opportunity for the committee to ask questions. Under these circumstances, the tenderer will be directed to not introduce new or revised information. All information, questions and answers will be formally recorded by the Council.


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• Calculate value for money and compare offers - The aim of our Council’s comparative evaluation process is to determine which offer best meets all the requirements of the specification and offers the best value for money. The major factors which Flinders Council take into consideration when evaluating value for money are: - the quality of the proposed good or service, that is, how well it meets the

specified requirements; vs. - whole of life costs; vs. - risk, that is, the capacity of the tenderer to deliver the goods or services, as

specified, on-time and on-budget.

• Select preferred tenderer – when selecting the offer that represents the best value for money for Council and where two or more firms are ranked equally following the value for money assessment, Council will give preference to a Tasmanian business over an Interstate or overseas businesses. In selecting a preferred tenderer for a high risk/high value or complex process, Flinders Council will often undertake a due diligence investigation to ensure that the tenderer has the capacity and stability to fulfill all of the requirements of the contract.

• Write the evaluation report - on completion of the evaluation process Flinders Council will document the selection of a successful tenderer in an Evaluation Report to be submitted to the relevant approval authority (e.g. Tender Review Committee and/or General Manager). Council’s evaluation reports include: - a comprehensive record of the evaluation method, the rationale used to select

the preferred supplier, and whether it is recommended that negotiations should be undertaken, and on what basis; and

- reasons for overlooking lower priced tenders.

Tender Review Committee

A Tender Review Committee may be established by Council to review the purchase/lease of all goods and services over $100,000 (excluding GST), prior to the awarding of contracts, to ensure that Council’s procurement policies are adhered to.

The Tender Review Committee will usually consist of up to four members which include a Chairperson, Secretary and two persons who are knowledgeable of Council’s procurement policies.

Where Council decides that the establishment of an Tender Review Committee is necessary to evaluate tenders, the Chairman of that Evaluation Committee may be required to present a submission to the Tender Review Committee which may include the Evaluation Report and Probity Adviser's Report (if relevant), for its endorsement of the tender and evaluation process.

The Tender Review Committee will usually review and consider the following aspects of a tender:

- the tender and evaluation process adopted; - the final tender evaluation report, signed by the Tender Evaluation Panel;


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- critical dates (e.g. when the contract is to start, when the current contract is due to expire, critical project milestones, expenditure constraints [e.g. funds only available this financial year] etc);

- any other relevant issues or information, such as a Probity Adviser's report; and

- a certification by the officer responsible for managing the tender process, verifying conformity with relevant Council policies and guidelines.

On completion of its evaluation, the Tender Review Committee will report to the Chairperson of the Evaluation Committee and convey their findings.

Notification of successful and unsuccessful bidders

Once the preferred bidder is selected and all relevant Council approvals to proceed with the purchase have been granted, Flinders Council shall write and (in most cases) telephone the preferred provider to notify them that they have been successful. After the preferred bidder has been notified, Flinders Council will notify all unsuccessful bidders in writing of their non-selection.

Flinders Council will advise the unsuccessful bidders in writing of: • the tender outcome, including the contract number and title; • the successful contractor; • the term of the contract; and • the total contract price for the term of the contract.

Details of tenders awarded will be displayed on Council’s public notice board and on Council’s web site for a period of not less than fourteen days.

All unsuccessful bidders will be offered a debriefing session.

Debriefing unsuccessful bidders

The purpose of the debriefing session is to help unsuccessful tenderers submit more competitive bids in future by identifying ways in which the tenderer's offer could be improved.

Flinders Council will provide a debriefing interview to any unsuccessful bidder who requests one. At this interview the unsuccessful bidder will be briefed as follows: • how their offer performed with respect to the evaluation criteria; and • strengths as well as weaknesses of their offer. During this interview, the following will not happen: • comparisons between the unsuccessful tenderer's offer and the winning,

or any other, offer; or • the debriefing interview being used to justify the selection of the successful

tenderer.


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The Council’s debriefing team will include at least one member from the Tender Evaluation Committee.

Flinders Council will document the proceedings at each debriefing interview including: • who attended (from the agency and from the business concerned); • the information provided to the unsuccessful tenderer; • any issues arising; • the details of any information that was requested, but not disclosed due to

commercial-in-confidence considerations; and • any likely future complaints, and recommendations for further action.

Where a multiple-stage purchasing process is used (for example where Expressions of Interest are used to short-list tenderers) suppliers not short-listed may be offered a debriefing interview, in a similar way to unsuccessful tenderers.

Contract Management A contract defines the rights and obligations of both parties once the tender is awarded. A contract is established when an offer is made and accepted. A contract comprises all relevant information provided to and by the business which has made the successful offer. This includes: • the conditions of tender; • the specifications, including any plans and other attachments; • the successful offer; and • the conditions of contract.

A draft copy of the conditions of contract will usually be included in Council’s original request for tender package.

For complex or high value purchases it may be necessary for Council to enter into negotiations prior to finalising the contract in consultation with Council’s legal advisors. The purpose of these negotiations is to:

• test the understandings and assumptions made by tenderers in determining their costs;

• clarify and rectify any false assumptions; and • achieve operational refinements and enhancements that may result in cost

reductions.

The outcomes of these negotiations will be reflected in the final contract and once completed and agreed, the formal contract is then be signed by both parties.

A formal contract management plan is not required for all contracts, but Flinders Council may develop contract management plans for contracts that involve large dollar amounts, complex technical requirements, or when the contract manager is responsible for managing a large number of contracts simultaneously.


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Standing tenders

From time to time Flinders Council may utilise a standing tender in which one or more tenderers are contracted through an open tender process to provide specified goods or services over a period of time without the need for a further tender process.

The way in which a standing tender is established is the same as for an open tender process where the specification and description of the tender describe the intent of the standing contract and the conditions of its use.

Multiple-use register

From time to time Flinders Council may utilise a multiple-use register process to establish a register of suppliers that Council has determined satisfy the conditions for participation in that register, and that Council intends to use more than once.

If it is determined that Flinders Council will establish such a register, the General Manager will invite expressions of interest from prospective applicants for inclusion on a register by publishing at least once in a daily newspaper circulating in the municipal area a notice specifying – • a description of the goods and services, or categories thereof, for which

the register may be used; • the name and address of the council and other information necessary to

contract the entity and obtain all relevant documents relating to the register; and

• any deadlines for submission of application for inclusion on the register.

The General Manager will ensure that applicants provided with the following in order to make an application: • details of the categories of goods or services required; • the criteria for evaluating applications; • the method of evaluating applications against the criteria; and • the conditions for participation to be satisfied by suppliers and the methods

that the council will use to verify a supplier’s satisfaction of the conditions; • a reference to the Council’s Code for Tenders and Contracts.

The General Manager will advise all prospective tenderers of the results of their application including all categories for which they are registered and the reasons for rejection or inclusion on the register as soon as practicable.

When Flinders Council wishes to use the register, the General Manager will invite all successful applicants that are registered for the relevant category to tender for the provision of the required good or service.

Council will review any established register at least once every 2 years.


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Council will allow a prospective applicant to apply for inclusion on a register of tenderers at any time, unless the perspective tenderer –

(a) has applied within the previous 12 months; and (b) has not been accepted.

The following table outlines the differences between a standing tender and a multiple-use register:

Standing Tender Multiple-use register • Outcome of a procurement process • Can purchase directly from a panelist • Panelists selected following

evaluation • Size is set at conclusion of process • Indicative or set price • Operates for a finite period • Re-opens at conclusion of period

• Part of a procurement process • Basis for select tendering • Conditions for participation stated • Cannot limit size • No pricing • Can operate indefinitely • Open continuously or annually


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Multiple-stage tenders

From time to time Flinders Council may utilise a multiple-stage tendering process to:

• gain market knowledge and clarify the capability of suppliers (however, it will not be used as a substitute for conducting market research);

• shortlist qualified tenderers; and • obtain industry input.

A multiple-stage purchasing process may be more costly and time-consuming for both suppliers and for Council, and as such Council will usually only use them where:

• the best way to meet the requirement is unclear; • it is considered appropriate to pre-qualify businesses and restrict the issue of

formal tenders (to reduce the cost of tendering); • there are benefits which cannot be obtained by researching the market

through conventional means; and • maximum flexibility is required throughout the procurement process.

The multiple-stage processes that Flinders Council may use are as follows:

• Expression of interest - an expression of interest (sometimes called a registration of interest) is generally used to shortlist potential suppliers before seeking detailed offers. Suppliers are short listed on their technical, managerial and financial capacity, reducing the cost of tendering by restricting the issue of formal tenders to those suppliers with demonstrated capacity.

• Request for proposal – may be used by Council when a project or requirement has been defined, but where an innovative or flexible solution is sought.

• Request for Tender- may be used by Council when a project requirement has been defined to solicit offers from businesses capable of providing a specified work, good or service.

• Request for information – may be used at the planning stage of a project to assist with defining the project. Council will not issue a request for information to identify or select suppliers.

• Closed tender process – may be used if the initial specification is well defined and an expression of interest or request for proposal has already been used to shortlist suppliers. Suppliers will be informed in advance that only those short-listed will be requested to tender.

Flinders Council is mindful of the following aspects when conducting a multiple-stage tender process:


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• the same mandatory requirements regarding advertising and seeking at least one bid from a local business, that apply to a public tender process;

• that a short-listed party can not be engaged without going through a more detailed second (tender) stage process unless approved by an absolute majority of Council; and

• when using a Request for Information, issues relating to intellectual property and copyright must be clarified prior to using the information provided to prepare the Request for Tender.

5.14.1 Process

The General Manager will invite expressions of interest, and use the list of suppliers who lodge an application as the basis for inviting potential suppliers to submit tenders.

The General Manager is to publish at least once in a daily newspaper circulating in the municipal area a notice requesting any interested supplier to submit an expression of its interest to supply the good or service required. The notice is to specify:

• the nature of the goods or services the Council requires; • any identification details allocated to the contract; • where the expression of interest is to be lodged; • particulars identifying a person from whom more detailed information relating

to the tender may be obtained; • the period within which the expression of interest is to be lodged. The General Manager will ensure that prospective tenderers are provided with the following in order to lodge an expression of interest: • details of the goods or services required; • the criteria for evaluating expressions of interest; • the method of evaluating expressions of interest against the criteria; • details of any further stages in the tender process; and • a reference to Council’s Code for Tenders and Contracts.

The General Manager will then send an invitation to tender to all of the suppliers that expressed an interest in providing the good or service required unless it has stated specifically in the notice that the Council may limit the suppliers that it will invite to participate.

Provided that the notice requesting expressions of interest states specifically that Council may limit the suppliers Council will invite to participate and the relevant requirements and evaluation criteria have been specified in the notice or associated


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documentation, the General Manager in determining the suppliers that will be invited to tender may:

• in assessing the technical ability, assess the extent to which an application meets the technical performance specifications of the procurement; and

• limit the number of businesses that it invites to tender, based on its rating of applications, provided that the largest number of potential suppliers selected, is consistent with an efficient tender process.

The General Manager will: • ensure that the evaluation criteria that is used to make a decision at the first

stage of the process (expression of interest), is consistent with the criteria to be used for the second (tender) stage; and

• not directly engage a short-listed party without going through a more detailed second (tender) stage process unless approved by an absolute majority of Council.

Exemptions

The Local Government Regulations 2005 provide that Councils must publicly invite tenders for the purchase of goods and services with a value in excess of $100,000. Flinders Council is committed to:

• encouraging open and effective competition between suppliers with the objective of obtaining value for money; and

• enhancing opportunities for local business.

As per the Regulations, Flinders Council may not issue a tender or use a quotation process where the goods and services sought relate to: (a) an emergency if, in the opinion of the General Manager, there is insufficient

time to invite tenders for the goods or services required in that emergency; (b) a contract for goods or services supplied or provided by, or obtained through,

an agency of a State or of the Commonwealth; (c) a contract for goods or services supplied or provided by another council, a

single authority, a joint authority or the Local Government Association of Tasmania;

(d) a contract for goods or services in respect of which a Council is exempted under another Act from the requirement to invite a tender;

(e) a contract for goods or services that is entered into at public auction; (f) a contract for insurance entered into through a broker; (g) a contract arising when a Council is directed to acquire goods or services due

to a claim made under a contract of insurance; (h) a contract for goods or services if the Council resolves by absolute majority

and states the reasons for the decision, that a satisfactory result would not be achieved by inviting tenders because of –

(i) extenuating circumstances; or (ii) remoteness of the locality; or


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(iii) the unavailability of competitive or reliable tenderers; (i) a contract of employment with a person as an employee of the council.

Point (h) above may be applied for one or more of the following reasons:

• where it can be established that there is only one supplier of a particular product or service and there is no appropriate substitute available, or where alternative options are not viable or do not provide value for money;

• where the original product or service has been selected through an open tender process and the request for exemption relates to the proposed purchase of an upgrade or addition to the existing system, and there are limited supply options;

• the product is being trialed to assist in the evaluation of its performance prior to a large scale purchase for which open tenders will be called;

• to assist in the development of a new product in conjunction with a private sector business;

• where the cost to Council and to suppliers would outweigh the value for money benefits of calling public tenders;

• projects of genuine urgency (e.g. in the case of a natural disaster or similar emergency circumstances); or

• other exceptional circumstances, where conclusive justification of the request is provided.

Where an exemption has been granted on the basis of point (a) and (h) above, we will report in Flinders Council’s Annual Report the following details:

(i) a brief description of the reason for not inviting public tenders; (ii) a description of the goods or services acquired; (iii) the value of the goods or services acquired; and (iv) the name of the supplier.

Complaints Process

Tasmanian Councils are provided with broad competency powers under the Local Government Act 1993 to carry out the role of providing services to their communities.

The Local Government Act 1993 also includes accountability measures under which Councils can be held responsible to their communities for their actions and decisions.

The resolution of complaints against Flinders Council is a responsibility of our Council. Information regarding Council’s formal complaint resolution process is available in Council’s Customer Service Charter.

In the first instance, complainants are encouraged to seek resolution through the manager in charge of Council’s purchasing/tender process. If relevant, complainants are encouraged to seek a debriefing, if they have not already done so.

If a complainant is not satisfied with the response of Council’s Manager in charge of the purchasing/tender process, the complainant is able to write to the General


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Manager providing copies of all correspondence and other relevant material. Council’s General Manager will take whatever action is considered necessary to resolve the complaint. In certain circumstances, our Council may employ a Probity Auditor to investigate the complaint.

Flinders Council will maintain the following for any complaint made against Council in relation to a procurement activity:

• the date the complaint was made; • the complainant’s details (e.g., business name, contact details); • a brief description of the complaint; • action in progress (including dates actions are taken); • the outcome (including whether the complaint was resolved or whether it was

referred to another body for further review); and • the response time.

Contract Renewals and Extensions

Contract Renewals

In most cases, where the goods or services being delivered under the contract are required on an ongoing basis, Council will undertake a new procurement process (tender/quotation) prior to the completion of the existing contract.

Contract extension

In some circumstances, it may be desirable for Council to extend an existing contract, rather than seek new tenders or quotations for the delivery of the goods or services.

Contracts will only be extended: • by an absolute majority of Council; • following a full evaluation of the performance of the current contractor; and • where the principles of open and effective competition are protected.

As a general rule, Council will not extend contracts if: • the original contract does not allow an extension; • since the previous tender, the market has changed substantially; or • the nature of the goods/services required has substantially changed.

Disposals

Disposals are to be conducted so that the best return to Flinders Council is achieved. Disposal of land will be made in accordance with Division 1 of Part 12 of the Local Government Act 1993.


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Flinders Council will only dispose of items that cannot be reused or recycled and with no commercial use or appreciable market value by dumping them at approved refuse sites or by destruction.

Disposals less than $1,000

Council will dispose of items with a disposal value of less than $1,000 at the discretion of the General Manager.

Disposals greater than $1,000

Council shall dispose of items with an estimated disposal value in excess of $1,000 by way of tender, public auction, or trade-in.

When disposing items by tender Council may choose to advertise the item for disposal in specialist newspapers or journals, or in the appropriate classified section of the local newspaper (e.g., boats and marine if disposing of a boat), if these are more likely to attract appropriate interest.

Reporting

Annual Report

Our Council will publish in its Annual Report in relation to all contracts for the supply or provision of goods and services valued at or above $100,000 (excluding GST), awarded or entered in the financial year, including extensions granted: • a description of the contract; • the period of the contract; • the periods of any options for extending the contract; • the value of any tender awarded or, if a tender was not required, the value of the

contract excluding GST; • the business name of the successful contractor; and • the business address of the successful contractor.

Where an exemption has been granted from a tender process [refer Section 6 point (a) and (h)], Council will report in our Council’s Annual Report the following details: • a brief description of the reason for not inviting public tenders; • a description of the goods or services acquired; • the value of the goods or services acquired; and • the name of the supplier.

Reporting to Council

The General Manager will report at each Council meeting any instance, since the previous meeting, where a purchase of a good or service is made where a public tender or quotation process is not used.


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Common Use Contracts

Where the Department of Treasury and Finance has established whole-of-Government contracts for the supply of goods or services to agencies and other authorised organisations, Council may choose to utilise the following whole-of-Government contracts: Contract Title C106

Cartage – Interstate Provision of express freight services throughout Australia. This contract provides government users with competitive rates for the following delivery services – next flight, overnight, 2 day economy, 3 day off-peak, prepaid satchels and international document and parcel freight.

C141 Computer Software – Microsoft The contract is for the supply of Microsoft licenses through Open Government program (no minimum order size) and Enterprise Agreement program (minimum 250 licenses).

C150 Computer Hardware and related Services Provision of computer hardware and related services via a manufacturer/reseller network.

P450 Petroleum Products Provision of motor spirit and automotive diesel either in bulk or via a fuel card/reseller network, fuel oil, heating oil and kerosene.

V672 Vehicles Provision of a comprehensive range of passenger and light commercial vehicles.

V675 Vehicles Hire and Drive This contract covers the rental of passenger vehicles in Tasmania and throughout Australia

Information on these contracts is available from the Department of Treasury and Finance’s website at www.purchasing.tas.gov.au. Related Legislation, Regulations and Policies Local Government Act 1993 Local Government Regulations Responsibilities The responsibility for ensuring that this policy is adhered to rests with all staff involved in the procurement of goods and services, particularly Management.


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SUBJECT: CORPORATE CREDIT CARD POLICY

FILE NO: FIN/0502

ADOPTED BY COUNCIL ON: 20 August 2009 MINUTE NO: 308.08.09

AMENDED BY COUNCIL ON: MINUTE NO: Introduction Flinders Council operates a corporate credit card facility for use by approved personnel for purchases in accordance with Council policies. This policy applies to all Council corporate cards. Identification Corporate credit cards will only be issued to personnel approved by the General Manager, for the occasional, incidental purchase of particular goods and services where the purchase order system is not suitable. Issue of Cards The General Manager must approve the issue of all corporate cards. Before being issued their card, each cardholder must sign a declaration that they have read and understood and will be bound by this policy Security The individual cardholder is responsible for the security and use of their card. Usage Documentation Complete documentation (including a 'tax invoice') to support all purchases must be provided promptly to the Accountant. Failure to provide this documentation may result in the General Manager determining that the card holder is personally liable for the expense. Credit Limit The credit limit for each card will be based on the usage of the card and approved by the General Manager. Temporary increases may be approved on an as needed basis by the General Manager. Cash Withdrawal Corporate Credit Cards are not to be used to withdraw cash. Certification of Expenditure The Office Manager will certify the expenditure incurred on all cards held by staff. The final certification of the expenditure on all employee and councillor expenditure will be made by the General Manager. The final certification of the expenditure on the General Manager’s expenditure will be made by the Mayor.


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Breach of Principles Any breach of these principles must be reported to the General Manager by the card holder and the Office Manager. Where a private purchase does occur due to exceptional circumstances then the card holder must arrange for a full reimbursement of the costs. The General Manager must be advised of any breach and the action taken to correct the breach. Related Legislation, Regulations and Policies Local Government Act 1993 Code of Tenders and Contracts Policy Disciplinary Policy Risk Management Policy Responsibilities It is the responsibility of all staff to ensure this policy is adhered to.


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SUBJECT: DEBT COLLECTION POLICY FILE NO: FIN/1400 – FIN/1205



AMENDED BY COUNCIL ON: 15 July 2010 MINUTE NO: 188.07.10 Introduction The main objective of this policy is to ensure that Council minimises its outstanding rate and debtor balances at all times and that outstanding debts are processed in an orderly and equitable manner. This policy has been adopted by Council to formalise the procedure for dealing with defaulting debtors including:

• Rate Debtors • Sundry Debtors • Childcare Debtors

Objective The objective of this policy is to ensure that all debtors who do not meet their obligations to Council will be treated in a fair and consistent manner. It allows for the following procedure to be followed by Council staff when dealing with overdue debtors. Identification Interest and Penalties for rate debts are to be calculated in accordance with the current Rates Resolution of Council. Sundry debtors have 30 days to pay. This may be extended only by the written permission of the General Manager. Childcare debtors must be paid within 30 days and earlier payments are encouraged. Outstanding rates debtors’ accounts are to be pursued in the following manner:

• Once two outstanding accounts or instalments are overdue (at least 21 days from the last due date), totalling over $50.00, the account holder is to receive a letter requesting payment within 14 days or they will be placed with Council’s debt collection agency.

• If payment is not received within 14 days or a payment arrangement entered into, the debt is to be lodged with the agency.

• The account holder is required to pay all costs in relation to the recover of the debt.


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• If payment is not received within 3 years the General Manager may recommend to Council the sale of land by public auction for unpaid rates, in accordance with Section 137 of the Local Government Act 1993.

Outstanding sundry debtor accounts are to be pursued in the following manner:

• Statements are to be issued monthly.

• When the account is 30 days overdue a “Friendly Reminder – Your Account is Overdue” sticker is to be attached.

• When the account is 60 days overdue an “Any Reason?” sticker is to be attached to the statement.

• On the following statement a “Final Notice – Payment within 7 days or legal action will be taken” sticker is to be attached to the statement.

• For any amounts still outstanding over $50.00, the account holder is to be notified in writing that they are going to be placed with Council’s debt collection agency if payment is not received within 14 days. If payment is not received or a payment arrangement entered into after this period the account is to be lodged with the agency.

• The account holder is required to pay all costs in relation to the recovery of the debt.

• For amounts still outstanding under $50.00, the account holder is to receive a letter from the General Manager requesting payment.

Outstanding childcare debtor accounts are to be pursued in the following manner:

• Childcare debtors who pay daily will receive a 5% discount.

• All outstanding childcare invoices are to be issued monthly and payment will be required within 30 days from date of invoice.

• Any debt exceeding 30 days from the date of invoice shall be referred to

Council’s accounts department. A 10% administration fee will be added to the invoice and a “Friendly Reminder – Your Account is Overdue” sticker is to be attached.

• If this account is not paid within 60 days from the date of invoice a further 10% administration fee will be added to the invoice and a “Any Reason?” sticker is to be attached to the statement and a letter will be sent to advise that if the account is not paid within the next 7 days, the child will be unable to attend the Centre until all monies owing are paid in full.


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• For any amounts still outstanding over $50.00 and beyond the 7 day extension period, on the following statement a “Final Notice – Payment within 7 days or legal action will be taken” sticker is to be attached to the statement.

• If the debt remains outstanding for a period of 7 days from the date of the Final notice the account holder is to be notified in writing that they are going to be placed with Council’s debt collection agency if payment is not received within 7 days. If payment is not received or a payment arrangement entered into after this period the account is to be lodged with the agency.

• The account holder is required to pay all costs in relation to the recovery of the debt.

• For amounts still outstanding under $50.00, the account holder is to receive a letter from the General Manager requesting payment.

Payment arrangements may be entered into under the following circumstances:

• Where Council has delegated power to the General Manager in relation to payment arrangements for outstanding rates, for that financial year;

• That the ratepayer or account holder has completed and submitted the prescribed application form.

• That the form be authorised by the General Manager.

• That Council’s Bank is able to accept payment from the ratepayer’s/account holders financial institution through a direct debit facility;

• That the arrangement ensures that the amounts owing (including the final instalment) will be paid on or before the end of the financial year;

• When a ratepayer enters into an agreement to pay the current years rates by direct debit and they pay the current years rates on or before the 30th June in that financial year, no interest or penalties will be charged. If this arrangement to pay by direct debit includes brought forward arrears, interest will apply to those amounts. This incentive will cease if one (1) payment is dishonored, in which case interest and penalties will be calculated in accordance with the Rates Resolution of Council.

• Except, in the event that there are any arrears for rate or charges outstanding for previous financial years, the agreement is to ensure that those arrears, including any penalty and interest, are collected as part of the installments payable under that agreement even if this necessitates the agreement extending into a subsequent financial year.

• Any requests to amend the agreement are to be in writing within 14 days notice.


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In the event that any payment under a payment arrangement is dishonoured:

• The ratepayer/account holder will incur any dishonour fees.

• The ratepayer/account holder is to be notified in writing that they are required to make up the missed payment by alternative means and if they miss the next payment that the payment arrangement will be cancelled and that they will be placed with Council’s debt collection agency unless the outstanding amount is paid in full within 14 days.

Related Legislation, Regulations and Policies Local Government Act 1993 Rates Resolution Review of policy That the policy be reviewed annually. Responsibilities It is the responsibility of the General Manager to ensure that this policy is adhered to.


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SUBJECT: INVESTMENT POLICY FILE NO: FIN/0501

ADOPTED BY COUNCIL ON: 21 May 2009 MINUTE NO: 170.05.09 AMENDED BY COUNCIL ON: 18 December 2014

MINUTE NO: 952.12.2014

1. Background

Council generally has funds in excess of those needed to meet its immediate day-to-day activities. Those funds are then available for investment until required, with the resultant investment income forming part of Council’s budgeted revenue. When exercising this policy, consideration is to be given to the preservation of capital, liquidity, and the return on the investment. Preservation of capital is the principal objective of the investment portfolio whilst optimising return. Investments are to be placed in a manner that seeks to ensure security and safeguarding the investment portfolio. This includes managing credit and interest rate risk within identified thresholds and parameters. Investments should be allocated to ensure there is sufficient liquidity to meet all reasonably anticipated cash flow requirements, as and when they fall due, without incurring the risk of significant costs due to the unanticipated realisation of an investment. Investments are expected to achieve a market average rate of return in line with the Council’s risk tolerance as set out in the risk assessment framework in this policy. 2. Policy Objective

In accordance with legislative and common law responsibilities the objective of this Policy is to authorise and regulate the investment of Council’s surplus funds so as to maximise earnings from authorised investments whilst ensuring the security of those funds.

3. Policy Guidelines

Funds for Investment

Any surplus Council’s funds are to be invested in terms of this Policy document.


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Authority for Investment

Investments of Council’s funds are to be in accordance with Council's power of investment under:

Local Government Act 1993 - Section 75.

The Trustee Amendment (Investment Powers) Act 1997

Prudent Persons Standard

The investment portfolio will be managed with the care, diligence and skill that a prudent person would exercise. As trustees of public monies, officers are to manage the Council’s investment portfolio to safeguard the portfolio in accordance with the spirit of this policy, and not for speculative purposes.

Ethics & Conflicts Of Interest

Officers of the Council, Councillors and members of the Audit and Finance Special Committee will not engage in personal activities that may conflict with the proper execution and management of the Council’s investment portfolio. All officers must disclose any actual or potential conflict of interest to the General Manager who shall disclose the interest in accordance with prescribed practice. In the case of the General Manager such a disclosure is to be made to the Mayor.

Any person from whom advice is sought in relation to investments must also declare, in writing, that they have no actual or potential conflict of interest.

4. Approved Investments

Investments made under delegation are limited to the following:- A. Commonwealth/State/Territory Government security (eg bonds);

B. Interest Bearing Deposits issued by an authorised deposit taking institution

(ADI);

C. Bills of Exchange guaranteed by an authorised deposit taking institution; and

D. Deposits with Tasmanian Public Finance Corporation.

E. Managed Funds with a minimum long term Standard and Poor (S&P) rating of “A” and short term rating of “A2”.


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5. Prohibited Investments

The following investments are prohibited under this policy:-

A. Derivative based financial instruments;

B. Principal only investments or securities that provide potentially nil or negative cash flow;

C. Investments that have underlying futures, options, forward contracts and swaps of any kind;

D. Any type of collateralised debt obligation investment; and

E. Any financial investment that requires the Council to borrow (leverage) in order to make that investment.

6. Investment Guidelines

In order to meet the policy objectives the Council must take into consideration all of the following factors when carrying out investment functions:-

a) Existence of Guarantee and Security, including the Financial Claims Scheme

b) Risk Assessment Framework (including credit and maturity frameworks), as detailed below

c) Interest Rate; and

d) Access to, and customer service history of, the institution.

6.1 Risk Assessment Framework

Investments are expected to achieve a market average rate of return taking into consideration the following risk assessment framework.

a) Preservation of Capital – the requirement for preventing losses in an investment portfolio’s total value.

b) Diversification – the requirement to place investments in a broad range of products so as not to be over exposed to a particular sector of the investment market.


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c) Market Risk - the risk that the fair value or future cash flows of an

investment will fluctuate due to changes in market prices.

d) Liquidity Risk - the risk an investor is unable to redeem the investment at a fair price within a timely period.

e) Maturity Risk - the risk relating to the length of term to maturity of the investment. The larger the term, the greater the length of exposure and risk to market volatilities.

f) Leverage Risk - the magnification of an investor’s risk and return that occurs when the investor takes on financial leverage through an investment product.

Credit and Maturity Frameworks Investments are to comply with three key criteria relating to:

a) Overall Portfolio Credit Framework - The purpose of this is to limit the overall credit exposure of the portfolio;

b) Institutional Credit Framework - The purpose of this is to limit exposure to

individual institutions based on their credit ratings; and

c) Term to Maturity Framework - The purpose of this is to limit risk based upon the time to maturity of the investment.

Overall Portfolio Credit Framework To control the credit quality on the entire portfolio, the following credit framework limits the percentage of the portfolio exposed to any particular credit rating category.


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S&P Long Term Rating* S&P Short Term Rating* Maximum %

AAA (incl. government guaranteed deposits)

A-1+ 100%

AA A-1 80%

A A-2 60%

BBB A-3 20%

* or equivalents All categories include any intermediate ratings (ie BBB includes BBB+, BBB and BBB-). Institutional Credit Framework Exposure to an individual institution will be restricted by their credit rating so that single entity exposure is limited, as detailed in the table below:

S&P Long Term Rating* S&P Short Term Rating* Maximum %

AAA (incl. government guaranteed deposits)

A-1+ 45%

AA A-1 35%

A A-2 20%

BBB A-3 10%

* or equivalents All categories include any intermediate ratings (ie BBB includes BBB+, BBB and BBB-) If any of the Council’s investments are downgraded such that they no longer fall within the investment policy, they will be divested as soon as practicable. In the case of a downgrade of an investment, the General Manager is to inform the Mayor immediately of becoming aware of the event. The short-term credit rating limit will apply in the case of discrepancies between short and long-term ratings. Where a bank has a demonstrated commitment to the distribution of funds to the community within the Council municipal area the maximum amount of funds that


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can be deposited by the Council with that institution be increased by 5% from the benchmarks in the Institutional Credit Framework table above. Term to Maturity Framework The investment portfolio is to be invested within the following maturity constraints:

Overall Portfolio Return to Maturity

Portfolio % <1 year Min 40% Max 100%

Portfolio % 1-2 years Min 0% Max 60%

Portfolio % 2-3 years Min 0% Max 20%

6.2 Interest Rate and Quotations on Investments Not less than two (2) quotations shall be obtained from authorised deposit taking institutions and/or investment advisors whenever an investment is proposed. 6.3 Investment advisor Where Council obtains the services of an investment advisor, the advisor must be approved by Council and licensed by the Australian Securities and Investment Commission. The advisor must be an independent person who is free to choose the most appropriate product within the terms and conditions of this policy. The advisor will be required to provide written confirmation that they do not have any actual or potential conflicts of interest in relation to the products that they may be reviewing or recommending, including that they are not receiving any commissions or other benefits pertaining to the related investments and will not do so in the future. 7. Performance Benchmarks

The Benchmark Rate for purposes of measurement of the portfolio’s performance will be set in the applicable financial year’s budget. This rate will be determined by reference to interest rate forecasting.


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As the budget figure is based on predicted investment levels and expectations about future interest rates, using it as the sole comparison may be misleading, therefore an external benchmark may be used. The external benchmark rate will be the Reserve Bank of Australia 90 Day Bank Accepted Bill Rate for the short term. The long term benchmark should be the composite bond index. The investment performance will be determined on a monthly accrual basis (the income applicable for each month being determined) and compared to the above benchmark on a weighted 3 month average investment performance (the accrued interest being compared to the average investment balance for the month, averaged over 3 months). 8. Reporting

Documentary evidence must be held for each investment and details thereof maintained in an investment Register. The documentary evidence must provide the Council legal title to the investment. Certificates must be obtained from the financial institutions confirming the amounts of investments held on the Council’s behalf as at 30 June each year and reconciled to the Investment Register. All investments are to be appropriately recorded in the Council’s financial records and reconciled at least on a monthly basis. A monthly report summarising investment performance will be provided to Council. A quarterly report detailing the investment portfolio in terms of performance, percentage exposure of total portfolio, maturity date and changes in market value will also be provided to Council.

9. Variations to Policy

The General Manager is authorised to approve temporary variations to this policy in exceptional circumstances, if the investment is to Council’s advantage and/or also due to revised legislation.

Such variation will be reported to the Mayor immediately. Any major variations to this policy will be submitted to Council for approval.


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10. Review

This Investment Policy will be reviewed at least every 2 years, or as required in the event of legislative changes.

Any amendment to the Investment Policy must be by way of Council resolution.


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Appendix 1- Information about deposit and wholesale funding guarantees

AUSTRALIAN GOVERNMENT’S 2008 DEPOSIT AND WHOLESALE FUNDING GUARANTEES

The Australian Government’s deposit and wholesale funding guarantee arrangements operate as set out below.

Purpose of the guarantees

The Prime Minister announced the deposit and wholesale funding guarantees on 12 October 2008.

The Government guarantees are designed to promote financial system stability and ensure the continued flow of credit throughout the economy at a time of heightened turbulence in international capital markets.

The guarantees apply to authorised deposit-taking institutions (ADIs) incorporated in Australia, which, as a group, are of systemic importance to the functioning of the financial system and the broader economy, and which are subject to prudential regulation by the Australian Prudential Regulation Authority (APRA) in accordance with international standards.

Recent developments in international wholesale funding markets have restricted the ability of Australian financial institutions to access funding, with potentially serious implications for liquidity and lending activity.

To address these pressures, the guarantees are designed to assist Australian banks, credit unions and building societies to continue to access funding in domestic and international credit markets. The guarantees are also designed to ensure that Australian institutions are not placed at a commercial disadvantage vis-à-vis their international competitors that have received similar government guarantees on their bank debt.

Scope of the guarantees

The guarantees are limited to Australian owned banks, Australian ADI subsidiaries of foreign banks, credit unions and building societies (‘eligible ADIs’). The guarantee applies to the foreign branches of eligible ADIs but not their foreign subsidiaries.

Wholesale funding guarantee

The guarantee will be extended on an issue by issue basis. Eligible securities will be restricted to securities issued by eligible ADIs with a term of up to 60 months with


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the guarantee to apply for the full term of the relevant security including in the period following the closure of the scheme to new issuances.

The facility is restricted to senior unsecured debt instruments. Certificates of deposit and bank bills will be covered by this facility. They will not be covered by the deposit guarantee. The guarantee will not cover structured debt.

The facility will apply to debt issuance in all major currencies including AUD, NZD, Euro, USD, Sterling, Yen and HKD. It will apply to eligible securities issued domestically or off-shore.

The Government will withdraw the facility once market conditions have normalised.

Deposit guarantee

The Government has guaranteed the deposits in eligible ADIs for a period of three years.

For deposits under $1 million, the guarantee will be free. For deposits over $1 million a fee will be charged to receive the benefit of the deposit guarantee.

Coverage of the deposit guarantee

The guarantee applies to deposits held in eligible ADIs by all types of legal entities, including individuals, partnerships, businesses, trusts (including in their offshore branches) and government entities.

The guarantee will not apply to products that are not deposit products with eligible ADIs. It does not apply to market-linked investment products such as share portfolios or managed funds, as these products provide an incentive for investors to pursue higher returns through investments that may involve greater risks, including the risk of making capital losses. It will also not apply to retirement income products including annuities.

The guarantee will not apply to products offered by non-ADI entities, including non-ADI subsidiaries of Australian ADIs. These entities are not subject to the prudential regulation framework that applies to ADIs, which protects the interests of depositors. Because of this, non-ADI entities are not permitted to offer deposits in Australia.

It will apply to the deposits held in eligible institutions, regardless of where the depositor resides. It will apply to deposits held in any currency.


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Fee Structure and level for the guarantees

Fees will be set at a single rate for all maturities for eligible securities up to 60 months, with a different rate applying to eligible ADIs based on their credit rating. The fees will apply to the wholesale guarantee and to the guarantee for deposits above the $1 million threshold. The fees will be levied annually.

The fee scale is outlined in Table 1.

Table 1

Credit Rating Debt Issues Up to 60 Months

AA 70bp

A 100bp

BBB and Unrated 150bp

Review of parameters

The deposit and wholesale guarantees contain features and variables that may require refinement or adjustment in light of market developments. These include the setting of the appropriate fee level and structure, the threshold for the deposit guarantee and the overall coverage of the scheme. The deposit and wholesale guarantee scheme will be reviewed on an ongoing basis and revised if necessary.

Foreign bank branches

The wholesale funding guarantee will be extended to APRA-regulated foreign bank branches in respect of their short term wholesale funding raised from Australian residents with maturities up to the end of 2009. This will be available at the same premium as applying to eligible ADIs.

Foreign bank branches will also be able to access the deposit guarantee in respect of domestic deposits held by Australian residents on the basis of the fee schedule; however, there will be no fee-free threshold.

Access to these guarantees will be subject to the following conditions:

• The amount guaranteed be limited to 110% of the combined value of short-term wholesale liabilities and deposits held in respect of Australian residents as at 24 October 2008;

• Branches cannot use guaranteed liabilities to support their parents; and


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• The guarantee is only available if the liabilities are not guaranteed by the home authorities and the branch provides a statement from the home regulator that the parent bank is meeting relevant prudential requirements.

These requirements will ensure the funding is used for Australian operations only and that Australian taxpayer funds are protected.

The guarantees will be extended to foreign bank branches from 28 November 2008. Until that date the guarantees will not be available to foreign bank branches.

Administration of the guarantees

The Reserve Bank of Australia (RBA) will administer the guarantees as agent for the Commonwealth. The RBA will perform administrative tasks, including processing applications from institutions for coverage of liabilities and collecting fees.

The RBA will consult with APRA to ensure that the interests of the Commonwealth are protected. The Rules will allow for information sharing between the RBA, APRA and other relevant agencies. It is proposed that information and statistics about the scheme’s operation will be made available on a public website.

The legal framework for the scheme will be deeds entered into by the Commonwealth and the participating institutions. The deeds will refer to scheme Rules that will be published by the Commonwealth.

Details of the scheme, including participating institutions and the liabilities that are covered will be made available on a suitable public website. The Government will provide six monthly reports to Parliament on the scheme operations.

Wholesale funding guarantee

Eligible ADIs must apply to the RBA for coverage of their liabilities. Eligible ADIs will be required to meet set criteria specified in Rules before they receive coverage. The Rules will be released in the near future.

Deposit guarantee over the threshold

Eligible ADIs will apply to the RBA for coverage of their deposits over the $1 million threshold.

Eligible ADIs would choose whether to ‘opt in’ to the guarantee for their deposits above the threshold. If an eligible ADI opts in, it would be up to the ADI to determine the most suitable arrangements with its customers for those deposits it wishes to offer on a guaranteed basis


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Depending on the arrangement chosen by the ADI, depositors may need to indicate to the ADI whether they wish to receive the benefit of the guarantee for amounts over $1 million.

If an ADI agrees to opt in, they would be required to pay the relevant fee to the RBA.

The fee would be payable on the value of the depositor’s account(s) over the fee threshold.

It is expected that the ADI will pass on costs of the guarantee to depositors.

Commencement of guarantee arrangements

The guarantee scheme commenced on 28 November 2008. Up until that date deposits and wholesale funding eligible for the guarantee arrangements were guaranteed without charge. After that date, deposits over the $1 million threshold and wholesale funding will only be guaranteed if an application has been made to the RBA and the relevant fee has been paid.


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SUBJECT: RATES & CHARGES POLICY FILE NO: FIN/0701 FIN/1207

ADOPTED BY COUNCIL ON: 26th July 2012 MINUTE NO: 220.07.2012

AMENDED BY COUNCIL ON: MINUTE NO: 1. INTRODUCTION

1.1 In Tasmania, Council rates are a form of property tax levied by Local Government as the primary source of funding for the many mandatory and discretionary services that are provided. Rates are administered in line with the Local Government Act 1993 which allows some flexibility for each Council to make decisions that suit its local community.

1.2 As rates are a method of taxation, the total amount of rates paid may not directly relate to the services used by each ratepayer.

1.3 Property values (set by the Valuer-General) play an important role in determining how much each individual ratepayer contributes to the cost of delivering Council services and activities. The Local Government Act 1993 expects that the higher the value of the property the higher the rates to be paid.

1.4 All land within a Council area, except for land specifically exempt (e.g. Crown Land, Council occupied land and other prescribed land) is rateable. Council also raises revenue through fees and charges, which are set, giving consideration to the cost of the service provided and any equity issues.

2. OBJECTIVES 2.1 The objectives of this policy are to outline Council’s approach to

determining and collecting rates from its community.

2.2 This policy will meet the requirements of Section 86B of the Local Government Act 1993, which states each Council must prepare and adopt a Rates and Charges Policy.

3. SCOPE 3.1 This policy covers:

• The relationship between Council’s strategic plans, its budget and rates structure • Council’s revenue raising powers • Method used to value land • Adoption of valuations • Minimum rate • Concessions • Discounts


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• Payment of rates • Late payment of rates • Recovery of Rates • Sale of land for non-payment of rates • Remission and postponement of rates • Rebate of rates • Disclaimer

4. PROCEDURE Strategic Focus

4.1 Council is faced with balancing its service levels, the needs and expectations of the community and setting appropriate tax levels to adequately resource and fulfil its roles and responsibilities. In determining rates for the financial year Council gives primary consideration to:-

• Council’s Strategic Plan, • The Local Government Act 1993, • Current economic climate, and • Likely impacts on the community.

The resources required to successfully achieve this outcome are documented in the Annual Plan.

Rates – Flinders Council 4.2 Flinders Council considers the combined use of service charges and

variable charges (rate in the AAV dollar) per rateable property provides the fairest and most equitable method of charging rates to our Community.

4.3 Council considers the imposition of a minimum general rate is the most fair and equitable means of ensuring that all ratepayers contribute equally to the administration of Council’s services and the development and maintenance of the Community’s infrastructure.

4.4 Council adopts the Assessed Annual Value (AAV) as determined by the Valuer-General as the valuation method to be used in determining rates. The AAV represents an assessment of the rental value of a property or a 4% minimum of the capital value.

4.5 An annual service charge for Waste Management applies to all land within the Municipal Area at a rate set by Council’s annual Rates Resolution.

4.6 Council collects a fire service levy on behalf of the State Fire Commission based on the cents in the AAV dollar, with a minimum fire levy charge.

4.7 There are a number of properties which are public, educational, religious or charitable in use or ownership and properties as defined under the


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Aboriginal Lands Act 1995 which are in part or in full exempt from the general rate.

4.8 Council considers that the AAV method of valuing land provides a fair method of distributing the rate burden across all ratepayers on the following basis:-

• Rates constitute a system of taxation and the equity principle of taxation requires that ratepayers of similar wealth pay similar taxes and ratepayers of greater wealth pay more tax than ratepayers of lesser wealth;

• Property value is a generally accepted indicator of wealth, and the

assessed annual value is reflective and a strong indicator of the overall market value of a property.

Adoption of Valuations 4.9 Council adopts the “AAV” as assessed by the Valuer-General as the

valuation method to be used in determining rates. If a ratepayer is dissatisfied with the valuation made, the ratepayer may object to the Valuer-General in writing.

4.10 Council has no role in the assessment of objections to valuations. The lodgement of an objection does not alter the due date for the payment of rates. Rates must be paid in accordance with the Rate Notice until otherwise notified by Council.

Objections to Rates Notice 4.11 Council will consider any objections to Rate Notices in accordance with

Section 123 of the Local Government Act 1993.

Rate Concessions 4.12 The State Government, in providing equity across Tasmania, funds a

range of concessions in relation to Council rates. The concessions are administered by various State Government agencies that determine eligibility and pay the concession directly to Council on behalf of the ratepayer. Concessions are available only on a ratepayer’s principal place of residence.

4.13 Ratepayers seeking a rate concession are not to withhold payment of rates pending assessment of an application by the State Government. Rates must be paid in accordance with the Rate Notice.

4.14 A refund will be paid to an eligible person if Council is advised a concession applies and rates instalments have already been paid.

Payment of Rates 4.15 Council rates are payable by two equal instalments in October and

February. The total outstanding balance of rates may be paid in full at any time. Any arrears outstanding are payable with the first instalment.


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4.16 Any ratepayer who may, or is likely to, experience difficulty with meeting an instalment payable, should contact the Rates Officer to discuss alternative payment arrangements. Such enquiries are treated confidentially by Council.

4.17 A discount at a rate set by Council’s annual Rates Resolution applies for rates paid in full before or on the due date of the first instalment.

Late Payment of Rates 4.18 Council has determined that penalties for late payments will be imposed

in accordance with the provisions of the Local Government Act 1993 and relevant Council procedures.

4.19 A penalty at a rate set by Council’s annual Rates Resolution may be imposed on instalments not paid by or on the due date.

4.20 Daily interest at a rate set by Council’s annual Rates Resolution may be applied in respect of the unpaid rate or instalment for the period during which it remains unpaid.

Recovery of Rates 4.21 In accordance with sound financial management principles, Council's

Rates Department will apply prudent debt management practices to Rate Debtors. This includes an ongoing review of rates in arrears and following a systematic debt recovery approach in line with Council’s Debt Collection Policy.

4.22 Rates, which remain in arrears for a period exceeding 21 days from the due date of an instalment, will be subject to a reminder notice.

4.23 Council will seek to recover a rate debt through Council’s debt collection agency if an amount remains overdue after the final instalment date.

4.24 Prior to taking legal action Council will provide the ratepayer with a notice in writing of its intention to recover the outstanding debt through legal action and provide 14 days for payment prior to lodging the outstanding debt with its debt collection agency.

4.25 Prior to taking legal action Council will take all reasonable steps to establish a payment arrangement or negotiate settlement of the outstanding debt.

Sale of Land for Non-payment of Rates 4.26 The Local Government Act 1993 provides that a Council may sell any

property where the rates have been in arrears for a period of three years or more. Council is required to among other things:- a) Notify the owner of the land of its intention to sell the land; b) Provide the owner with details of the outstanding amounts; and


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c) Advise the owner of its intention to sell the land if payment of the outstanding amount is not received within 90 days. Except in extraordinary circumstances, Council will enforce the sale of land for arrears of rates.

d) In the event the owner cannot be contacted follow the procedure as outlined within the Act.

Remission and Postponement of Rates 4.27 Application for remission of rates and charges or postponement of rates

will be considered under the discretionary provisions of Section 129 of the Local Government Act 1993.

Rebate of Rates 4.28 Council has determined that rebates of rates will be only granted when

the applicant satisfies the requirements for mandatory rebates under applicable Sections of the Local Government Act 1993.

Disclaimer 4.29 A rate cannot be challenged on the basis of noncompliance with this

policy and must be paid in accordance with the required payment provisions.

4.30 Where a ratepayer believes that Council has failed to properly apply this policy, it should raise the matter with Council. In the first instance contact should be made with the Rates Officer.

5. GUIDELINES 5.1 Rates constitute taxation for the purposes of Council, rather than a fee

for service. 5.2 The value of rateable land is an indicator of the capacity of ratepayers to

pay rates. 5.3 There is a commitment to the broad principle of fairness and equity in

the distribution of rates across all ratepayers. 5.4 Assessed Annual Value (The valuation of the rental potential of the

property) as determined by the Valuer-General each year, is used as the basis for valuing land within the Council area.

5.5 A general rate, a service charge, and a minimum rate will be applied as a means of raising taxation revenue within the community.

5.6 Eligible Pensioner ratepayers are entitled to a remission of rates, subject to a range of criteria. This remission does not apply to holders of the Commonwealth Seniors Health Cards.

5.7 An annual service charge for Waste Management applies to all land within the Municipal Area at a rate set by Council’s annual Rates Resolution.


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5.8 The fire service levy that Council collects on behalf of the State Fire Commission is based on the cents in the AAV dollar.

5.9 Council will apply rebates in accordance with the Local Government Act 1993. Council will adhere to the Act in granting full or part exemption for general rates for properties which may include public, educational, religious, aboriginal, cultural or charitable in use and ownership.

5.10 Council will continue to accept the payment of rates in full or by two instalments. Council will consider other payment arrangements with ratepayers when requested.

5.11 Council will impose late payment penalties strictly in accordance with the Local Government Act 1993.

5.12 Council may enforce the sale of land for non-payment of rates in accordance with the Local Government Act 1993.

5.13 Council advises that a rate cannot be challenged on the basis of non-compliance with this policy and rates must be paid in accordance with the required payment provisions.

6. COMMUNICATION

6.1 All Councillors and employees will be briefed on this policy as part of the induction program and on an on-going basis.

7. RELATED LEGISLATION 7.1 The rating and valuation methods available to local government are

covered under various pieces of legislation. In particular Part 9 of the Local Government Act 1993 and the Valuation of Land Act 2001 are the most relevant.

7.2 The sections within the Local Government Act 1993 related to the Rates and Charges Policy are detailed below:-

86A. General principles in relation to making or varying rates (1) A council, in adopting policies and making decisions concerning

the making or varying of rates, must take into account the principles that –

(a) rates constitute taxation for the purposes of local government, rather than a fee for a service; and

(b) the value of rateable land is an indicator of the capacity of the ratepayer in respect of that land to pay rates.

(2) Despite subsection (1), the exercise of a council’s powers to make or vary rates cannot be challenged on the grounds that the principles referred to in that subsection have not been taken into account by the council.


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8. DEFINITIONS 8.1 Part 9, Section 86, of the Local Government Act 1993 comprises the

definition of key terms applicable to the rating processes of Local Government.

9. RELATED DOCUMENTS

9.1 Flinders Council Strategic Plan 9.2 Local Government Act 1993 9.3 Valuation of Land Act 2001 9.4 Fire Service Act 1979 9.5 Aboriginal Lands Act 1995

10. RESPONSIBILITIES 10.1 The Rates and Charges Policy applies to Councillors in setting annual

rates and charges for the community.

Flinders Council Policy Manual G1

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SUBJECT: ATTENDANCE AT CONFERENCES (ELECTED MEMBERS)

FILE NO: PER/0300




AMENDED BY COUNCIL ON: 15 November 2012 MINUTE NO: 340.11.12 Introduction This policy ensures that there is fair representation of Flinders Council at the annual Local Government Association of Tasmania (L.G.A.T) conference along with other Local Government related conferences and workshops. Objective The Mayor, Deputy Mayor, General Manager, and one other Councillor may attend the annual L.G.A.T conference. Other appropriate conferences and functions will be brought to the attention of Council from time to time. Procedure Official delegates to conferences will be those Councillors nominated by resolution of Council. If an official conference delegate is unable to attend a conference or function, the Mayor may appoint another delegate. Councillors attending a conference are required to submit a written report for circulation to non-attending Councillors and relevant staff, summarising the most important points and a copy is to be provided to the office for filing. Related Legislation, Regulations and Policies N/A Responsibilities The responsibility of this policy rests with the General Manager.


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SUBJECT: COMMUNICATION BETWEEN COUNCILLORS AND THE GENERAL MANAGER

FILE NO:

PER/0300





Introduction It is the policy of the Flinders Council to encourage open and clear communication processes. Objective To outline the principles and protocols for communications between the General Manager and Councillors, and between Councillors, in the carrying out of Council business. Day to Day The Mayor liaises with the General Manager regarding the activities and decisions of the Council and the performance of its functions and exercise of its powers. The Mayor is the conduit for information flow between the General Manager and Councillors. Significant Events The General Manager will alert the Council through the Mayor regarding any:

out of the ordinary events that occur that may have effect on the community or

the perception of the community regarding the reputation, functions and

responsibilities of the Council;

potential safety issues that may have impact on the community or section of the

community;

significant or material impact on the budget or progress toward achieving the

objectives of the Annual Plan;

factor that arises that is likely to put Council assets at risk or impact on any risk

management plan;

potential legislative or regulatory disputes, including but not limited to unfair

dismissal claims, discrimination applications, or alleged Workplace Health and

Safety breaches;

events that could be reasonably determined as having prospective consequence

on the activities, functions, performance, or powers of the Council.

The General Manager will need to exercise judgment on the timing on contact with the Mayor regarding many of the events or situations relating to the above criteria; having regard for the accuracy and reliability of information to be provided, balanced against the primacy of informing the Council in a reasonably practical time.


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Councillors who become aware of a “significant event” of which they have not previously been informed by the General Manager should inform the Mayor immediately and maintain a level of discretion until such time as the Mayor liaises with the General Manager to ascertain the facts of the matter. The Mayor will report back on the matter at the earliest convenience. Disputes regarding such judgments are to be dealt with between the General Manager and the Mayor, acting on behalf of the Council collective. Meeting Agendas The General Manager is required to provide all relevant documentation and information relating to agenda items in a timely manner as per the requirements of the Local Government Act 1993.

Early distribution of large documents relating to upcoming agenda items is

appreciated by Councillors.

Early lodgement of Notices of Motion is appreciated by the General Manager

and staff to allow sufficient time for information to be obtained for the Officers

Reports

Any dispute or concern over timing of the delivery of the agenda should be directed through the Mayor. Information An individual Councillor may request in writing for the General Manager to provide any document or information that may be required to perform the Councillor’s functions or that relates to agenda items, except personnel files. The written request should outline the relevance of the request to the Councillor’s functions and identify any document by name, title or specific subject matter. If the General Manager were to refuse any such request, the decision and associated reason must be given via a written reply to the Councillor. Process regarding pecuniary interest and confidentiality outlined under Section 28 of the Local Government Act 1993 must be complied with. General Communication Principles

Communication is professional, respectful and courteous;

Communication is to be calm, no raised voices;

One person speaks at a time - we cannot talk and listen;

Actively Listen, make sure that what you hear is the same as what the speaker is

saying. If in doubt query the speaker to clarify their meaning.

Disrespectful behaviour, bullying and harassment are not to be tolerated and

are to be addressed and corrected as per Council’s Antidiscrimination,

Harassment & Bullying Policy or via Code of Conduct complaints.


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Related Legislation, Regulations and Policies Local Government Act 1993 Section 27. Functions of Mayors and Deputy Mayors

(ba) to liaise with the general manager on the activities of the council and the performance of its functions and exercise of its powers;

Section 28. Functions of Councillors Section 28A. Information and documents relating to functions Section 28B. Requirement to make information and documents available Section 28C. Confidentiality undertaking Section 62. Functions and powers of general manager This policy interacts with the principles of the Flinders Council’s Code of Conduct for Elected Members, specifically Principle 4. Responsibilities The responsibility of this policy rests with the General Manager and the Mayor


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SUBJECT: COUNCIL HOUSES - MAINTENANCE

FILE NO: ADM/0600

ADOPTED BY COUNCIL ON: 14 February 1995 MINUTE NO: 021.02.95




Introduction This policy is to ensure that sufficient funds set aside in the annual budget to maintain and improve Council houses. Objectives To ensure that Council’s houses are maintained in good order and to an acceptable standard. Procedure Council should inspect the premises annually and ascertain what improvements are required and then consider these items as well as routine maintenance and ensure that sufficient funds are included in the annual budget. Should maintenance of an emergency nature arise, the General Manager is empowered to take necessary action to alleviate the situation and include this as an agenda item for ratification at the next ordinary meeting of Council. Related Legislation, Regulations and Policies Nil Responsibilities The responsibility of this policy rests with the Corporate Services Manager and General Manager.


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SUBJECT: COUNCIL POLICY MANUAL FILE NO: ADM/0600




AMENDED BY COUNCIL ON: 15 November 2012 MINUTE NO: 342.11.12 Introduction The Policy Manual is a living document and needs to be updated. Objectives To ensure that Flinders Council’s Policy Manual is reviewed periodically. Procedure It is the policy of the Flinders Council to be committed to the concepts of Corporate Management as provided for in relevant legislation and set out in the Strategic Plan and recognise that Councillors are to be involved in the formulation and direction of the Council to best meet the long-term needs of the community. The Council recognises that the General Manager has the overall responsibility and authority for the exercise of functions prescribed in the Act and for the administration of matters affecting the day-to-day operations of the Council. To assist with the development of the policy the General Manager shall co-ordinate the development of the Flinders Council Policy Manual for the consideration of Council. The Policy Manual is to be reviewed at least each two (2) years at the mid-term of the sitting Council or as each policy is due for review. New policies or amendments to an existing policy will be considered at Ordinary meetings of Council. Any new policy or amending policy approved by Council will be advertised in the Island News and lay on the table for a period of not less than 28 days and be considered at the subsequent Ordinary meeting of Council before the new or amended policy takes effect. Related Legislation, Regulations and Policies N/A Responsibilities The responsibility of this policy rests with the General Manager.


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SUBJECT: CUSTOMER SERVICE CHARTER FILE NO: COU/0303

ADOPTED BY COUNCIL ON: 13 April 2006 MINUTE NO: 142.04.06

AMENDED BY COUNCIL ON: 12 June 2008 MINUTE NO: 264.06.08

AMENDED BY COUNCIL ON: 23 September 2010 MINUTE NO: 282.09.10 Introduction Council’s intention is for both staff and customers of Council to have a benchmark against which they can establish service delivery. Objectives Council has established the Customer Service Charter to set standards for delivery of service to customers and to allow the public to understand what they can expect from Council and vice versa. Procedure What is meant by Customer Service In line with the Local Government Act 1993, this Customer Service Charter outlines Council’s commitment to customers in accordance with its Strategic Plan. It also provides a formalised process for addressing customer enquiries and complaints. Council endorses that a customer is entitled to a prompt response to a complaint, to be kept informed of the progress and outcome of the complaint, to be assured of complete confidentiality and objective investigation in the handling of personal details of a complaint. Flinders Council places great emphasis on the prompt and efficient handling of service delivery and complaints. Flinders Council is committed to providing quality services to its community and other customers with whom it has dealings with. Within its resources, Flinders Council is continually striving to improve services through professional consultative support, providing appropriate employee training, importing new technology and skills and undertaking consultation and communication with our community. Its customers are any persons or organisations having internal or external dealings with Flinders Council. Differentiating between a customer enquiry, a customer request or a customer complaint? A customer enquiry is an appeal for information. An answer is to be provided to a specific question or a decision is to be made in relation to a specific matter. A list of Council’s general enquiry numbers has been provided at the end of this document to assist you. A customer request is an appeal for assistance to provide, inspect, remove, replace, repair or reinstate Council’s facilities or amenities that are damaged or missing as a result of a number of circumstances.


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A customer complaint is dissatisfaction with a service or product offered or provided, or not provided, or an appeal for action. Under Council’s commitment to our customers, we intend to:

• Treat customers courteously and with respect; • Deal with customers in a polite and helpful manner; • Be positive and receptive to new ideas; • Listen to customers and take their views into account; • Aim to communicate clearly and concisely; • Act on its commitments in a timely manner; • Be punctual at meetings and appointments. • Provide customers with necessary and relevant information; • Treat customers fairly and take account of the customer’s particular needs; • Take a fair, balanced and long-term approach with its decisions; • Value customer privacy by treating all personal information confidentially; • Leave a business card with our name and contact number following a visit to

a customer’s residence if that customer is absent; • Deal with requests in a timely manner (take messages and phone them back)

and ensure the message is passed on to the relevant staff member for action.

Expectations from its customers To assist Council and staff in providing the services Council asks its customers to:

• Treat Council Officers and Elected Members with respect; • Provide accurate and complete details of any dealings with Council; • Phone to make an appointment for a complex enquiry or a need to see a

specific Officer. • Respect the privacy, safety and needs of other members of the community; • In line with modern prohibitive practices involving harassment and bullying,

abusive customers using vulgar language will not be tolerated. • Where Officers feel threatened by the language or behaviour of the customer,

they may refer the incident to the police. • Respect employees personal time (i.e. out of hours)

Customer complaints A complaint is an expression of dissatisfaction with a decision (outside of a structured statutory process), level or quality of service, staff or agent issues which can be investigated and acted upon. A structured Statutory process is where legislation (Act, Regulation, Rule or By-Law) specifically makes provision for an appeal, internal review of a Council decision or some other Statutory process. Any Council Officer having difficulty in determining whether the query is a complaint or a customer service request should seek advice from the General Manager.


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Complaint management process Each Council Department is responsible for handling its own complaints. Your complaint should be directed to the relevant Department (see back page). If in doubt, ask for help at reception. Whilst most issues can be resolved very quickly, there may be times when additional or more detailed investigations are required. If your complaint is of a serious nature it will be referred to the General Manager. Normally your complaint will be responded to within ten (10) working days. If a Councillor has submitted a complaint on your behalf, Council will endeavour to respond to the Councillor within ten (10) working days. In matters where the complaint is of a complex nature requiring detailed professional investigations and Council involvement, you will be informed of the process of the complaint as it is progressed. All complaints raised by phone or verbally with staff will need to be put in writing or be sent by email to the respective Department or the General Manager. This will ensure that complaints are processed as quickly as possible. Complaint recording and initial investigation process When lodging a formal written complaint, an officer will record your concerns. Details of your complaint will be entered into the Council database and forwarded to the appropriate Council Officer for action. You will be given a reference number so that your complaint can be identified and duly processed. If you need to check on the progress of your request or complaint, call the Council and quote your reference number. Experience has shown that the majority of complaints will be satisfactorily resolved by the Department staff and Managers. However, if you are not satisfied with the outcome, you can ask for a review of your complaint by the Council’s General Manager. Complaint review process by General Manager Upon submitting your written concern to the General Manager that you are not satisfied with the Departmental or Manager’s response, your complaint will be treated in the following manner.

• The General Manager (GM) will examine and analyse the information already available and follow up on issues requiring clarification;

• The GM will consider whether or not the Council is at fault; • The GM will specify any necessary action to be taken to correct the fault(s)

identified and recommend a review of Council’s procedures to avoid recurrence of any similar complaint in the future.

• As soon as the investigation is completed, the GM will inform you of the findings and offer an apology if appropriate.

Other options for non-statutory review of complaints


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You have the right to approach any of the elected Councillors in writing, specifying the precise nature of your dissatisfaction to the response to your initial complaint and stating that you are seeking further review of your complaint. The Councillor may decide to then raise your concern with the full Council and respond to you accordingly. It should be noted that whilst this is the final stage of Council’s complaint’s procedure, other avenues remain open for you to explore such as the State Ombudsman’s Office, or the Local Government Office. The addresses of these Organisations are: Ombudsman’s Office Ground Floor, 99 Bathurst Street Hobart, TAS 7000 Ph. 1300 362 072 Local Government Division (Dept. of Premier & Cabinet) Department of Premier and Cabinet, GPO Box 123, HOBART, TAS 7001 Ph. 1300 135 513 Whilst you are entitled to refer your complaint to these bodies at any time, you are encouraged to allow the Council to address your complaint in the first instance. Availability and review of this Customer Service Charter

This Customer Service Charter is available for public inspection at the Flinders Council Office during normal office hours and will be displayed on the Council Web page. Being a living document, Council will review its Customer Service Charter bi-annually. A report on the number and nature of complaints received will be submitted to Council by the General Manager and highlighted in Council’s Annual Report. COUNCIL SERVICES FLINDERS COUNCIL OFFICE: Address: 4 Davies Street, Whitemark, TAS, 7255. Postal Address: P.O. Box 40, Whitemark, Flinders Island, TAS, 7255. Office Hours: 9.00am to 4.30 pm Telephone: (03) 6359 5001 Facsimile: (03) 6359 2211 Email: [email protected] All Correspondence to: The General Manager


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WORKS AND SERVICES DEPOT: Address: 9 Patrick Street, Whitemark, Flinders Island, TAS, 7255 Hours: Weekdays 8.00am to 5.00 pm Telephone: (03) 6359 5020 Mobile: 0427 592 211 & 0427 592 069 Facsimile: (03) 6359 2069 Email: [email protected] After Hours Emergency Service: Ph: 0427 592 211 or 0427 592 069 This is for emergency situations e.g. Trees across roads AIRPORT: Palana Road, Whitemark, Flinders Island, TAS, 7255 Telephone: (03) 6359 2144 Facsimile: (03) 6359 2145 Mobile: 0428 592 144 Email: [email protected] INFORMATION CENTRE Mail address: 4 Davies Street, Whitemark or

P.O. Box 40, Whitemark, Flinders Island, TAs 7255 Hours Weekdays 9.00am to 4.30pm Telephone: (03) 6359 5002 Email: [email protected] CHILD CARE CENTRE: Address: Davies Street, Whitemark, TAS, 7255 Hours: Tuesday to Friday 8.30 pm – 4.30 pm Telephone: (03) 6359 2007 Related Legislation, Regulations and Policies Local Government Act 1993 Responsibilities The responsibility of this policy rests with the General Manager and the Office Manager.


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SUBJECT:ELECTED MEMBERS’ ALLOWANCES & REIMBURSEMENTS

FILE NO:

COU/0600



AMENDED BY COUNCIL ON: 25 August 2005 MINUTE NO: 486.0805

AMENDED BY COUNCIL ON 8 December 2005 MINUTE NO: 749.12.05

AMENDED BY COUNCIL ON 19 January 2006 MINUTE NO: 031.01.05

AMENDED BY COUNCIL ON: 23 September 2010 MINUTE NO: 290.09.10 Introduction This Policy highlights the procedure of how the allowances are paid to Councillors and what they are entitled to receive. Objectives To ensure allowances and/or reimbursements are processed at the correct rate and in a timely manner. Procedures In accordance with the provisions of the Local Government Act 1993: 1. Allowances for Councillors, Mayor and Deputy Mayor shall be paid monthly in

arrears. 2. Allowances for Councillors, Mayor and Deputy Mayor will only accrue to the

date of resignation or removal from the appropriate office. 3. Travelling expenses, to be paid at the rates prescribed by the Australian

Taxation Office, will apply to return travel from each Councillor’s place of residence on Flinders Island to meetings of Council, meetings of any committee of Council, or any other meetings where the Councillor has been delegated to attend. If during a normal working day, a Council meeting is to be attended, appropriate reimbursement will be considered from the workplace to the Council meeting and return to either the workplace or place of residence.

4. Travelling expenses, direct costs and out-of-pocket expenses incurred by a

Councillor upon business of the Council outside the Council district where the costs are not directly debited to Council or other alternative arrangements have been made. Claims for travel expenses or reimbursement of out-of-pocket expenses shall be made to the General Manager no later than two (2) months after the expense has been incurred but within one month after the close of the financial year, and shall be submitted on the prescribed form and supported by the appropriate documentation.

5. Telephone expenses will be reimbursed to Councillors for telephone calls

claimed in association with the business of Council. A detailed list of calls made may be submitted for reimbursement not later than two (2) months but


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within one month after the close of the financial year after the expense has been incurred.

6. Childcare expenses incurred in association with the holding of office will be

reimbursed on receipt of a substantiated claim. Claims for reimbursement may be submitted not later than two (2) months and within one month after the close of the financial year after the expense has been incurred.

Related Legislation, Regulations and Policies Local Government Act 1993 Responsibilities The responsibility of this policy rests with the Finance Manager.


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SUBJECT: FLYING OF FLAGS AT COUNCIL PROPERTY

FILE NO:

CUL/0102

ADOPTED BY COUNCIL ON: 10 September 1996


AMENDED BY COUNCIL ON: 13 December 2001



AMENDED BY COUNCIL ON: 16 June 2011 MINUTE NO: 181.06.2011

Introduction This policy monitors the flying of flags on Council Property Objectives To ensure the correct flags are flown on Council properties. Procedure The following policy applies to the flying of flags at Council property: 1. That the Australian, Tasmanian and Flinders Council flags be flown on Council

property where practicable. 2. The Aboriginal flag is to be flown at the Flinders Aerodrome and also at the

Council Office in Davies St. 3. That other flags are only to be flown with the express permission of Council or the

Mayor as appropriate. Related Legislation, Regulations and Policies Nil Responsibilities The responsibility of this policy rests with the General Manager.


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SUBJECT: PROVISION OF ELECTRONIC SERVICES – ELECTED MEMBERS

FILE NO:

PER/0300

ADOPTED BY COUNCIL ON: 14 June 1994

MINUTE NO:

133.06.94



AMENDED BY COUNCIL ON: 15 July 2010 MINUTE NO: 192.07.10

AMENDED BY COUNCIL ON: 16 May 2013 MINUTE NO: 544.05.2013 Introduction This policy will allow flexibility, efficiency and use of modern information and communication practices to be adopted and delivered to all elected members. Under this policy all council papers will be disseminated via electronic delivery methods with printed copies supplied to Councillors on request. Objectives To ensure that provision is made to Councillors of information technology services to enable secure, quick and efficient dissemination of information and to minimise paper use, cost and waste. To enable efficient communication in the carrying out of Mayoral and Councillor responsibilities as determined by the Local Government Act 1993, as amended from time to time, and Council policies. Procedure It is the policy of the Flinders Council:

• To provide and maintain an agreed information and communication device for the Mayor as required providing for modern and efficient communication between the community, staff, Councillors and Government Departments.

• To provide Councillors with a computer notebook or similar electronic device, a

Council email address, an internet connection with an agreed download plan and training.

• That the ownership of all electronic devices supplied by Council remains, at all

times, with Flinders Council and the devices must be returned to Council upon the resignation or retirement of the Councillor or in the case of the Mayor, the Mayor.

• That the electronic devices supplied to elected members be used for lawful purposes only.

• That in using Council owned communications equipment Councillors agree to

abide by the Council Computer and Telephone Usage Policy.

Related Legislation, Regulations and Policies Local Government Act 1993 Responsibilities The responsibility of this policy rests with the General Manager.


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SUBJECT: PUBLIC QUESTION TIME- COUNCIL MEETINGS POLICY

FILE NO: COU/0600

ADOPTED BY COUNCIL ON: 12 July 1994

MINUTE NO:

157.07.94 205.11.95 (amended)


AMENDED BY COUNCIL ON: 13 February 2003 MINUTE NO: 127.02.03



AMENDED BY COUNCIL ON: 20 May 2010 MINUTE NO: 133.05.10

AMENDED BY COUNCIL ON: 19 January 2012 MINUTE NO: 18.01.2012 Introduction Council is required to allow up to a maximum of 15 minutes for Public Question Time at each Ordinary Meeting of Council. This is to be held after the initial opening of each Meeting. Objectives To encourage community involvement by allowing an open and effective form of communication. Procedure It is the policy of the Flinders Council to allow a ‘Question Time’ at Ordinary Council Meetings, during which members of the public may ask questions of the Council relating to Flinders Council matters. The basis on which questions may be asked is:

1. All questions will be addressed through the Chair (being the Mayor in normal circumstances) who will answer them as she/he sees fit. Under no circumstances will members of the gallery be permitted to address or question either elected members or officers of the Council. The Chair may delegate answers to the appropriate Councillor or staff member if appropriate.

2. Persons addressing the Chair must pay the respect due to that office. Failure to do so may mean their address is terminated without notice.

3. Where the answer cannot be provided immediately, it will be provided in writing within 14 days and tabled at the following Ordinary Council Meeting.

4. All questioners are encouraged to register their intent to question with the General Manager before the meeting. Preference will be given to those who have so registered.

5. Question time shall not extend longer than 30 minutes and may be divided into two 15 minute sessions.

6. The actual timing of the session(s) is to be immediately after the opening of the meeting and advertised with the notice of meeting.

Related Legislation, Regulations and Policies Local Government Act 1993 Responsibilities


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The responsibility of this policy rests with the Chair of the Meeting and the General Manager.


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SUBJECT: QUASI-JUDICIAL POLICY FILE NO: PLN/0105


AMENDED BY COUNCIL ON: MINUTE NO: PART 1 – GENERAL CONSIDERATIONS Policy Objectives

1) To assist Elected Members and employees of the Flinders Council to recognise when Council is exercising a ‘quasi-judicial’ function;

2) To explain why special principles apply to the exercise of quasi-judicial functions; 3) To provide guidance as to appropriate conduct regarding the exercise of quasi-

judicial functions; and 4) To explain to Elected Members and Council employees some of the consequences

of failing to act appropriately when exercising quasi-judicial functions.

Explanation of the Principles of the Quasi-Judicial Role Because the quasi-judicial role of Elected Members is not fully explained in the local government legislation (i.e. the Local Government Act 1993), the following explanation of the role is provided for the benefit of Elected Members and Council employees:

1) The community deserves and expects that persons sitting in judgment will:

(a) be free of bias and conflicts of interest; (b) make their decision with reference to all relevant factual matters and having

regard to all applicable laws; and (c) act in accordance with the principles of natural justice, which are often

equated with affording fairness to all persons involved.

2) The community deserves and expects that where a decision-making body is made up of more than one person, all of those persons will act in accordance with the standards set out in paragraphs (a), (b) and (c) in part 1) above.

3) The community deserves and expects that bodies required to make decisions affecting the property and interests of other persons will conduct themselves in a manner similar to that of a Judge or a Magistrate sitting in a Court, or a member of a Statutory Tribunal.

4) A local government Council when determining applications for planning approval, and

for other approvals, licences, consents and permits is acting in what can be described as a ‘quasi-judicial’ manner because the granting of approvals, licences, consents and permits is a quasi-judicial function granted by the Tasmanian Parliament through the passing of legislation.

5) Elected Members hold their positions by virtue of being elected by the residents of

the municipality. Until properly educated in the requirements of due process, these residents will tend to expect Elected Members to protect the residents’ particular


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interests, even when performing quasi-judicial functions. 6) Elected Members, while being sensitive to the expectations of residents of the

municipality, are expected to perform their quasi-judicial functions properly – that is, in accordance with law. Some circumstances will arise where certain community expectations are not relevant to the decision an Elected Member is required to make, e.g. where a community objection is based on religious, moral or racial grounds, or in the case of planning matters a common complaint is the perceived impact a development may have on property values.

7) Persons who make application to Council for various approvals will frequently expect

to be able to communicate with and persuade individual Elected Members or Council employees in favour of their proposals in a way that they would never contemplate doing with a Judge, a Magistrate or a member of a Statutory Tribunal. Elected members and Council employees must endeavour to deal with the overtures of such persons in a ‘quasi-judicial’ manner.

The above is a description of the general principles that underlie and explain the quasi-judicial role of Elected Members and Council employees. The balance of this Policy will apply those principles to the quasi-judicial functions of Elected Members and Council employees in general practice.

Consequences of failure in the Quasi-Judicial Role The following are some of the consequences of a Council failing to act in a quasi-judicial manner when exercising quasi judicial functions:

1) An allegation of actual or perceived bias which can have the following consequences:

(a) An allegation of improper conduct that could amount to an offence under the Local Government Act 1993;

(b) A Councillor being accused of breaching the Council’s Code of Conduct

Policy; and/or (c) exposing the Council to the risk of proceedings being initiated against Council

under the Judicial Review Act 2000 which will cause Council to incur significant costs and could ultimately lead to Council’s decision being invalidated.

2) In some cases, if failure of an Elected Member to act appropriately in the quasi-

judicial role can be shown to have caused damage, this may result in a claim against the Elected Member personally for damages. Councillors should be acutely aware that they have personal legal and financial exposure in relation to these matters.

3) Acting with bias, or more generally failure to act with judicial fairness, will damage the

reputation of the Elected Member concerned, the Council, and the institution of local government.

Recognition of Proper Role – Elected Members v Council Employees

1) Elected Members and Council employees need to recognise their respective decision-making responsibilities.

2) If any issues arise they must be referred to the appropriate person (e.g. the General


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Manager). 3) Elected Members and employees should not attempt to intervene in, or allow

themselves to be drawn into matters which are properly the function of others.

Council Employee Responsibilities

1) Any Council employee who is required to gather information or evidence from an applicant or other interested party must ensure that detailed meeting notes are recorded.

2) The General Manager is to ensure that suitably qualified staff are responsible for the

preparation of all reports provided to Councillors for use in decision making. Elected Member Responsibilities

1) Elected Members should not actively gather information when acting in a quasi-judicial role – this task is performed by Council’s duly appointed experts. The Elected Member’s role is not to investigate, but rather to consider and determine matters in accordance with law.

2) Elected Members may be approached by applicants or other interested parties who

wish to discuss a matter which is currently before Council. The following rules provide Elected Members with guidelines for handling such enquiries: A. Should an applicant or other interested party contact an Elected Member to

discuss a matter that is before Council, (or will soon come before Council), then the Elected Member should;

politely listen to the reasons for the person making contact with the Elected

Member;

ensure that the person is made aware of the Elected Member’s role as a statutory decision-maker and the obligations that attach to that role;

if relevant, inform the person that the Elected Member is not in a position to

comment or provide any opinion (interim or final) regarding the matter and that the final determination will be made by full Council in due course; and

direct the person to contact the relevant Council employee (e.g. Planning

Officer, Environmental Health Officer, etc) and pursue the matter with them. B. Should the applicant or other interested party wish to continue discussing the

matter and/or provide the Elected Member with additional information the Elected Member must:

advise the person that the appropriate method for doing so is to write to the

General Manager;

inform the person of the processes for making a written submission or representation to the General Manager; and

if the person requests that the Elected Member attend a site inspection,

inform the person that they may request a site visit by contacting the General Manager in writing.


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C. If an Elected Member becomes aware of additional information relevant to a

Council decision through contact with an applicant or other interested party then the following will occur:

The relevant Elected Member must bring the additional information to the

attention of the General Manager through a written notice and the General Manager will, after reviewing the information and taking advice if necessary, bring the additional information to the attention of the Council; and

Where an Elected Member provides such additional information, the General

Manager may provide advice or commentary on the additional information or request a relevant Council officer to provide such advice or commentary.

Additional Information sought by Elected Members

1) An Elected Member wishing to receive additional information whilst acting in the quasi-judicial role may, in writing, request the additional information through the General Manager.

2) Under no circumstances must an Elected Member take it upon themselves to

independently obtain additional information regarding any matter in which Council is acting in a quasi-judicial capacity.

3) The General Manager will consider any requests for additional information in light of

the relevance of the additional information requested and the Council’s resources and capacity to obtain the requested information.

Site Visits

1) Elected Members must not conduct site visits on their own or with other Elected Members whilst acting in a quasi-judicial role unless the visit has been organised by the General Manager. Elected Members wishing to arrange site visits must submit a request to the General Manager. The General Manager will then consider the request, take advice if necessary, and subject to that advice arrange a site visit.

2) Prior to the site visit, the General Manager will advise the Elected Members and all

other relevant persons of the details and purpose of the site visit. The General Manager must ensure that a detailed record is made of the site visit.

3) Whilst it is Council’s first preference that a site visit be attended by all Elected

Members, an Elected Member need not attend a site visit if the Elected Member: (a) is already familiar with the site and is able to demonstrate that they have

adequate information with which to make a decision without conducting a site visit; or

(b) is unable to attend due to illness, leave or work commitments.

4) The General Manager will designate a Council employee to attend site visits and take detailed notes of the proceedings. A copy of all these notes will be distributed to all Elected Members as soon as practicable following the site visit.

5) In instances where an Elected Member is unable to attend a site meeting, the

Elected Member must familiarise themselves with the recorded notes of the site


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meeting.

Determining a matter acting in a quasi-judicial capacity

1) When determining a matter in which the Council is required to act in a quasi-judicial capacity, Elected Members must act with judicial fairness, in accordance with the principles of natural justice, without bias and are required to:

(a) consider only those facts and legal principles that are relevant and apply to the

decision in question; (b) consider all relevant factors required by law as may be specified in the legislation

pursuant to which the Council is making the decision; and (c) not take into account any matters that are not relevant to the decision making

process.

2) Where Elected Members act contrary to the recommendations of a Council Officer (e.g. a planning officer), the reasons for doing so must be based on relevant matter and must be recorded in the minutes of the relevant meeting.

3) Any respondents or representors must be given a fair and courteous hearing of their

issues.

PART 2 – COUNCIL ACTING AS A PLANNING AUTHORITY

Policy Objectives: 1) To assist Elected Members and employees of the Flinders Council to recognise that

when Council is acting in its capacity as a planning authority it is acting in a quasi-judicial role;

2) To explain the special principles that apply to Elected Members when the Council is

acting in its capacity as a planning authority; 3) To provide guidance regarding the exercise of Council’s powers as a planning

authority; and 4) To explain some of the consequences to the Council and to Elected Members and

employees of the failure to act appropriately when Council is discharging its duties as a planning authority.

Council as a Planning Authority

Whenever the Council is required to determine an application for a planning permit made pursuant to the Land Use Planning and Approvals Act 1993 (the ‘Act’) the Council is acting as a planning authority and assumes a quasi-judicial role. Councillors cannot simply take into account whatever considerations they wish when determining applications for planning permits – the Act specifies the matters that must be taken into account. As a broad starting point, section 51(2) of the Act prescribes that in determining an application for a planning permit the planning authority must:


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1) seek to further the objectives set out in Schedule 1 of that Act;

2) consider all relevant provisions of the Flinders Planning Scheme 1994;

3) take into consideration all matters raised in any representations that may be received from the public during the statutory notification period (if any); and

4) where relevant, have regard to all certified bushfire, environmental or natural hazard

plans and any relevant certificates referred to in section 51(2)(d)(ii) of that Act. Ordinarily, Elected Members are assisted in their assessment of an application for a planning permit by reports prepared by expert staff employed by Council. Such experts include Council’s Planning Officers, Environmental Health Officers, and Natural Resource Management Officers. The usually adopted course is that Council’s officers will prepare a report which makes recommendations to the Council as to how the matter ought be determined. These recommendations are based on an assessment of all of the matters that the law prescribes must be taken into account. Elected Members are entitled to asked questions of and scrutinize reports and recommendations received from Council officers. However, Elected Members must not introduce and base their decision on irrelevant considerations when determining an application for a planning permit. As an example, members of the public often seek to oppose applications for planning permits with allegations that the proposed use or development will adversely affect property values. Unless the effect of a proposal on property values is a relevant ‘planning consideration’ (i.e. as prescribed by the Flinders Planning Scheme 1994 or legislation such as the Act) this issue cannot and must not be taken into account. Council determining matter contrary to Officer recommendations Elected Members are free to determine a matter contrary to the recommendations given by Council officers. However, in the context of applications for planning permits this may have the following consequences:

1) An applicant for a permit will almost certainly appeal a Council refusal to the Resource Management and Planning Appeal Tribunal if such refusal is contrary to the recommendations of Council’s expert Officers;

2) In the event that Council’s decision is appealed, the Council must incur the cost of

locating and engaging a town and country planning expert. who is willing to support the Council’s decision in the appeal; and

3) The Council Officer whose recommendations were rejected will most likely be called

as a witness to give evidence against Council’s position in any appeal – such a scenario is understandably unpleasant for the Council Officer and not in the Council’s interests.

Consequences of failing to take into account only relevant considerations.

In the event that Elected Members take into account irrelevant matters when determining an application for a planning permit, the Council’s decision risks being the subject of an application for judicial review before the Supreme Court of Tasmania.


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The potential consequences of judicial review have been detailed in Part 1 of this policy. Please direct all enquiries regarding these policies to Council’s General Manager.


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SUBJECT: SPECIAL COMMITTEES OF COUNCIL

FILE NO: COU/0600






Introduction This policy ensures that Special Committees of Council know the procedures they need to follow to nominate a member of a special committee and to put committee recommendations to Council for formal consideration.

Objectives This policy ensures that:-

Council is involved with the selection of members for the Special Committees of Council; and

Those Special Committees have a procedure in place to bring recommendations formally to full Council.

Procedure It is the Policy of Council that: The procedure for nominating a person to be a member of a Special Committee

of Council is formed pursuant to Section 24 of the Local Government Act 1993; and

The procedure for filling a vacancy is: Once a vacancy is known the Council shall advertise for nominations for the

vacant position in the Island News. Nominations received shall be considered by the Special Committee and a

recommendation made to Council The recommendation of the Special Committee shall be considered at an

ordinary meeting of Council. Representatives of external organisations on Special Committees of Council,

where entitled by the procedures of that Special Committee to appoint a proxy, shall name in writing, addressed to the General Manager, the full name and address of the proxy delegate. The proxy must be approved by Council prior to being able to act as the representative at any meeting.

Should the Special Committees of Council wish to make recommendations to full

Council for consideration, the confirmed/unconfirmed minutes must be accepted/noted at the same or a previous Ordinary Meeting of Council. The recommendations are to be moved and seconded by committee members and then presented to full Council by the relevant Committee Chair in the form of a Notice of Motion. If the recommendation is from unconfirmed minutes, the


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unconfirmed minutes have to be confirmed in writing by one other committee member.

Council will provide each Committee with a standard set of Special Committee Meeting Rules to be recognised in each Committee’s Terms of Reference. Related Legislation, Regulations and Policies Section 24 of the Local Government Act 1993 Responsibilities The responsibility of this policy rests with the General Manager.

Flinders Council Policy Manual HR1

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SUBJECT: ANTI -DISCRIMINATION, HARASSMENT AND BULLYING POLICY

FILE NO: WOR/1500


AMENDED BY COUNCIL ON: MINUTE NO: 1. Introduction 1.1 In line with the Work Health and Safety Act 2012 (Tas.), Flinders Council is

committed to ensuring that it provides a healthy and safe working environment for all its employees. The Act has defined health to explicitly mean “psychological” health as well as physical health. Accordingly a working environment will be provided that considers both psychological as well as physical risks to health and safety.

1.2 Bullying has an obvious psychological component and Flinders Council will not

tolerate any form of unlawful workplace discrimination, harassment or bullying under any circumstances.

1.3 Flinders Council is committed to compliance with the provisions of the Anti-

Discrimination Act 1998 (Tas), the anti-discrimination provisions of relevant legislative instruments and the provisions of Section 63 (2) of the Local Government Act 1993 (Tas) which states:

A). All prospective employees receive fair and equitable treatment without discrimination, and; B). All existing employees receive fair and equitable treatment without discrimination.

1.4 Flinders Council will ensure that its employees, contractors, Councillors and

Council agents do not engage in behaviour that unlawfully discriminates against other persons, either directly or indirectly in the workplace or work related environment, on the grounds of any of the following attributes:-

Race; ethnicity; age; sexual orientation; lawful sexual activity; gender; marital status; relationship status; pregnancy; breastfeeding; parental status; family responsibilities; disability; industrial activity; political belief or affiliation; political activity; religious belief or affiliation; religious activity; irrelevant criminal record; irrelevant medical record; or association with a person who has, or is believed to have, any of these attributes.

1.5 Council will not tolerate:

• Any bullying or harassment in the form of conduct which offends, humiliates, intimidates, insults or ridicules another person on the basis of any of the attributes in Clause 1.3.

• Sexual harassment. • Victimisation of a person making an harassment, bullying or discrimination

complaint or providing information in connection with possible disciplinary processes that might arise from such a complaint.

• Inciting hatred by a public act contrary to Section 19 of the Anti-Discrimination Act 1998 (Tas).


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2. Objective 2.1 Where an employee's on the job behaviour is below standard it is important that

the employee be informed and given the opportunity to improve. Where work performance is of concern, it is also important to ensure the person has been properly trained to do the work and that standards have been made clear.

In committing to this policy, Flinders Council aims to:-

• Create a working environment which is free from discrimination and harassment and where all employees are treated with dignity, courtesy and respect;

• Implement training and awareness raising strategies to ensure that all employees know their rights and responsibilities;

• Encourage the reporting of behaviour which breaches this policy; • Provide an effective procedure for complaints based on the principles of

natural justice; • Treat all complaints in a sensitive, fair, timely and confidential manner;

• Protect employees from victimisation and reprisals for making complaints; and • Promote appropriate standards of conduct at all times.

3. Scope 3.1 This policy covers all Flinders Council employees, Councillors, contractors,

Council agents and applicants for employment. 4. Employer / Employee Responsibilities 4.1 Councillors, Managers and Supervisors of Flinders Council have a

responsibility to:- • Monitor the work environment to ensure that acceptable standards of conduct

are observed at all times; • Display appropriate behaviour themselves; • Maintain adherence and promote this policy within their work area; • Ensure all employees receive training to assist with the identification of

potential workplace discrimination and harassment situations, and in the procedure to be observed for the treatment of such complaints;

• Receive complaints and help resolve issues; • Treat all complaints seriously and take immediate action to investigate and

resolve the matter; • Prevent harassment and discrimination not only during working hours or in the

workplace itself, but also in any work-related context, including but not limited to conferences, work functions, office Christmas parties and business or field trips;

• Ensure people who make complaints, or witnesses, are not victimised in any way;

• Maintain an awareness of current Anti-Discrimination Law and ensure action is taken to reflect any changes in the law in this policy;

• Ensure all employees comply with this policy;


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• Not participate in discriminatory or harassing behaviour in the workplace or in connection with employment;

• Take all steps possible to prevent discrimination and harassment in the

workplace or work related environment; • Offer support to an employee who is being discriminated or harassed and let

them know where they can get help and advice; • Maintain complete confidentiality if they provide information during the

investigation of a complaint; • Show a duty of care to fellow employees and report any incidents of

discrimination they have observed / witnessed; and • Respect the rights of other employees in the implementation of this policy and

associated procedures.

5. Investigation and Remedies for Breaches of this Policy Any reports of discrimination or harassment will be treated seriously and investigated promptly, confidentially and impartially. Any person, who without authorisation from the General Manager, passes on confidential information, to a third party, regarding an investigation under this policy may face disciplinary action. As part of the resolution of any dispute regarding discrimination, Council will seek, where possible, to resolve it in the least adversarial way. Council will take the complainant's wishes into consideration in dispute resolution. However, Council does have a duty of care to take a pro-active approach to managing disputes regarding discrimination. Council accepts that in some cases the parties may wish to meet and discuss the dispute in an attempt to resolve the matter. Council will accommodate this in a professional and non-judgemental manner. Any individual found to be guilty of workplace discrimination, harassment, or of making a complaint subsequently found to be malicious or frivolous may be subject to disciplinary action that may include, but not be limited to, an apology, counselling, warning (verbal or written), transfer, demotion, or summary dismissal. Each matter will be assessed on its merits with the level of disciplinary action dependent on the severity of the discrimination or harassment. If an employee brings a complaint of discrimination they will not suffer victimization for having brought the complaint. However, if the complaint is found to be vexatious or mischievous, disciplinary action may be taken. Anyone who harasses or victimizes a person who makes a complaint under this policy will face disciplinary action.

6. Complaints Process


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Whilst the Council will seek to encourage the resolution of complaints as close as possible to their point of origin through swift and informal means, the Council has established a Standard Operating Procedure for dealing with complaints in relation to discrimination and harassment on a formal basis. (Refer to Flinders - Anti-Discrimination, Harassment and Bullying Grievance Procedure). 7. Workplace Support / Contact Officer Flinders Council will appoint a Workplace Support /Contact Officer. The Officer will be trained to give staff support and confidential information about their options to deal with work-related discrimination, harassment, bullying or other workplace concerns. 8. Communication All employees and Councillors will be briefed on this policy as part of their Induction program and on an on-going basis. 9. Definitions Discrimination: Discrimination is when a person is treated less favourably than another person because of a particular characteristic or attribute. It is the unjustifiably different treatment given to different people or groups. Direct Discrimination: Treating an individual or group of people less favourably than another because of differences which are not relevant to the situation, for example, their nationality, race, gender, religion, age etc. Indirect Discrimination: When an individual or group of people are disadvantaged by a requirement, rule or condition that, on the surface, appears to be the same for everyone but has an effect or result that is unequal and unreasonable on the individual or group. Harassment: Harassment is a form of discrimination and includes a wide range of behaviour, which is unwanted, unwelcome or uninvited and makes a person feel humiliated, intimidated, insulted, ridiculed or offended. It is generally any type of recurring behaviour that:-

• The other person does not want and does not return; • Targets people because of their individual differences; • Consists of verbal or physical forms of bullying; and • May be sexual or non-sexual in nature.

The test for harassment is a behaviour, which a reasonable person, having regard to all the circumstances, knew or would have anticipated, would offend, humiliate or intimidate the person concerned. Sexual Harassment: Sexual harassment is a legally recognised form of sex discrimination. Sexual harassment is harassment (an uninvited or unwelcome action) of a sexual nature, be it physical, verbal or written. It can include physical contact, verbal comments, jokes, propositions, the display of offensive material, or any other


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behaviour, which creates a hostile working environment. (i.e. a sexually charged work environment). Bullying: Bullying is unreasonable behaviour that is directed against an individual or group by another individual or group; and is derived from the misuse of power over the target of the behaviour. This may include:-

• Verbal abuse, swearing, shouting; • Excluding or isolating behaviour; • Deliberately withholding information vital for effective work performance; and • Giving employees impossible assignments.

Victimisation – Under the Anti-Discrimination Act 1998 (Tas) “victimisation” has a special meaning in anti-discrimination law. In Section 18 of the Act it states that: A person must not victimise another person because that other person:- (a) made, or intends to make, a complaint under this Act; or (b) gave, or intends to give, evidence or information in connection with any proceedings under this Act; or (c) alleged, or intends to allege, that any person has committed an act which would amount to a contravention of this Act; or (d) refused or intends to refuse to do anything that would amount to a contravention of this Act; or (e) has done anything in relation to any person under or by reference to this Act.

• Victimisation takes place if a person subjects, or threatens to subject, another person or an associate of that other person to any detriment.

10. Legislation The following legislation should be considered in conjunction with this policy:-

• Local Government Act 1993 (Tasmania), in particular Section 63 (1) and (2) • Workplace Health and Safety Act 2012 (Tasmania) • Anti-Discrimination Act 1998 (Tasmania) • Fair Work Act 2009 (Commonwealth) • Equal Employment Opportunity Act 1984 (Commonwealth) • Sex Discrimination Act 1984 (Commonwealth) • Racial Discrimination Act 1975 (Commonwealth) • Human Rights and Equal Opportunity Commission Act 1986 (Commonwealth) • Disability Discrimination Act 1992 (Commonwealth) • Workers Rehabilitation and Compensation Act 1988

11. Related Documents Flinders - Health and Safety Policy Flinders - Induction Policy Flinders - Staff Development Policy Flinders - Employee Promotion Policy Flinders - Personal Development & Appraisal Policy


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Flinders - Risk Management Policy Flinders - Council Code of Conduct Flinders - Staff Code of Conduct Policy Flinders - Disciplinary Policy Flinders - Rehabilitation Policy Flinders - Anti-Discrimination, Harassment and Bullying & Grievance Procedure 12. Responsibility It is the responsibility of the General Manager to ensure that this policy is applied consistently and fairly.


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SUBJECT: COMPUTER AND TELEPHONE USAGE POLICY

FILE NO: COM/0800



AMENDED BY COUNCIL ON: MINUTE NO: Introduction

• The purpose of this policy is to explain the responsibilities and permissions associated with the use of Council’s telephones and computer systems including: o Access and use of computer equipment and software. o Access to and distribution of information. o The use of e-mail and internet technology in the workplace. o Telephone/mobile phone usage.

Objectives

• The primary objective of this policy is to ensure that all employees of Council, including Councillors, permanent, temporary and casual staff and any contractors who are given access to Council’s electronic systems use them in an appropriate manner.

Identification Authorised Usage Council’s communication systems are provided for business activities, incidental personal use is permissible so long as:

• It does not consume more than a minimal amount of time or resources; • It does not interfere with staff productivity; • It does not interrupt or degrade the system performance; and • It does not contain offensive, illegal, abusive or pornographic material.

Users are not to use communication systems for private business activities, amusement or entertainment purposes unless expressly approved by the General Manager. User identification and separation All staff have unique usernames and passwords to access the computer system. Regardless of the circumstances, individual passwords must not be shared or revealed to anyone else. To do so exposes the user to responsibility for actions of the other person. Users can share data, by utilising:

• message-forwarding facilities, • shared directories on local area network servers, and • other authorised information-sharing mechanisms.


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To prevent unauthorised parties from obtaining access to electronic communications, users must choose passwords that are difficult to guess. Software Unauthorised installation of software is strictly prohibited. Approval to install software must be obtained from the Office Manager or the General Manager. Software includes application programs, screensavers, desktop backgrounds, utilities, shareware, games and all other executable files. Email Usage The following provides guidelines when using e-mail:

• Council may monitor the usage (amount and time) of employee’s electronic communications to support operational, maintenance, auditing, security, and investigative activities.

• Under no circumstances is threatening, obscene, pornographic, racially offensive or sexually abusive material to be emailed.

• Using email to deliver external documents is not secure and confidentiality cannot be guaranteed. Therefore, discretion must be exercised when sending emails externally. Where feasible, confidential information should not be sent via email to external organisations – alternative arrangements, such as the courier of hard copy should be utilised.

• Attachments over 5 Megabytes are considered large attachments. Avoid attachments larger than this size. When sending email with attachments, adopt the following guidelines: o Avoid sending large attachments to a large distribution list, as it multiplies

the system resources required to deliver the mail. o Be aware that large attachments may take a large amount of time to

deliver, and may not be accepted by the recipients system. o Do not “reply with history” to e-mails that had attachments in the original

mail. o Be aware that the downloading of video and audio across the Internet has

the potential to significantly affect the performance of the computer network.

o If the incoming email is a formal communication from an external source please ensure the email is forwarded to the Council’s records officer.

o Regularly delete old emails, employees need to maintain appropriate email storage levels.

o All emails sent to recipients outside the Council will contain the following disclaimer at the end of the message:

************ E-Mail Confidentiality Footer**************

Privileged/confidential information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such a person), you may not copy or deliver this message to anyone. In such case, you should destroy this message and kindly notify the sender by reply email. Please advise immediately if you or your employer does not consent to email for messages of this kind. Opinions, conclusions and other information in this message that do not relate to the official business


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of the Flinders Council shall be understood as neither given nor endorsed by it.

Internet Usage • The internet is a useful tool to assist employee’s gathering information or

research related to Council business activities. Personal use is permitted as long as it does not consume more than a minimal amount of time or resources and it does not interfere with staff productivity.

• Council may monitor the use of the Internet by its employees. • Under no circumstances are web-sites known to contain offensive or

potentially offensive material to be visited. • Under no circumstances is threatening, obscene, pornographic, racially

offensive or sexually abusive material to be viewed or down loaded from the Internet.

• Employees are prohibited from downloading any type of software from the Internet without approval from the Office Manager or the General Manager.

Telephone/Mobile Phone Usage Incidental personal use is permissible so long as:

• It does not consume more than a minimal amount of time or resources; • It does not interfere with staff productivity;

Related Legislation, Regulations and Policies Spam Act 2003 Public Interest Disclosures Act 2002 Personal Information Protection Bill 2003 Induction Policy Disciplinary Policy

Responsibilities The responsibility for ensuring that this policy is adhered to rests with all employees. On a day to day basis the Office Manager is to ensure that the policy guidelines and rules are adhered to.


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SUBJECT: DISCIPLINARY POLICY FILE NO: PER/0500


AMENDED BY COUNCIL ON: MINUTE NO: Introduction Where an employee’s conduct is in breach of Council Policy or where the employee’s performance is deemed to be below the expected standard, that employee may be subject to disciplinary action. Objective Where an employee's on the job behaviour is below standard it is important that the employee be informed and given the opportunity to improve. Where work performance is of concern, it is also important to ensure the person has been properly trained to do the work and that standards have been made clear. The procedure which follows is written to ensure that all parties are consulted and that a balanced view of the facts is obtained. The following three steps must take place: 1. A first warning may be verbal or in writing and is given by their Manager or

nominated representative to the employee. The warning is to set out the required performance standard or raise behavioral issues and where the employee needs to improve. A record of the discussion is to be made by the Manager and placed on the personnel file with a copy being given to the employee. This record will set out the date, employee concerned, time and the matter discussed. Employees will be allowed to have a support person nominated by the employee at any meetings. Employees must be allowed to state their position and be given specific examples of the performance problems. There should also be agreement concerning - Timing for a follow up discussion to review performance/behavioural

improvement. The steps necessary to improve performance/behaviour.

In most circumstances a first warning is sufficient to correct the behaviour or performance concerns. If the behaviour or performance issues remain and a follow up discussion has occurred, management will have no option than to continue with the disciplinary process.

2. The second warning is to be carried out between the employee and his/her

representative, a record of the discussion is to be made by the Manager and placed on the personnel file with a copy being given to the employee and the General Manager.


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3. The third and final warning will also be conducted with the employee and his/her

representative. At this discussion, the employee is to be informed that continued poor performance will lead to dismissal. A record of the discussion is to be made by the Manager and placed on the personnel file with a copy being given to the employee and the General Manager.

NOTES The employee may request that his/her representative not attend.

Instant Dismissal for Misconduct Circumstances like theft, violence, willful misconduct, malicious abuse, endangering others, are sufficiently serious to warrant instant dismissal. When a person is instantly dismissed, the right to notice or payment in lieu is forfeited. Dismissals require the authorisation of the General Manager. Related Legislation, Regulations and Policies Anti-Discrimination Act 1998 Industrial Relations Act 1984 Workers Rehabilitation and Compensation Act 1988 Workplace Health & Safety Act 1995 Human Rights and Equal Opportunity Commission Act 1986 Workplace Relations Act 1996 Responsibilities It is the responsibility of management to ensure this policy is applied consistently and fairly.


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SUBJECT: EMPLOYEE OUTSIDE WORK ACTIVITIES POLICY

FILE NO: PER/1200


AMENDED BY COUNCIL ON: MINUTE NO: Introduction Any Flinders Council employee, who undertakes work or other activities outside Council, where that work or activity may adversely affect the performance of that staff member, or image of Flinders Council, should seek approval from the General Manager. Objectives Employees are able to perform work outside of Council provided this work does not conflict or interfere with the performance of their official duties. Employees must obtain permission, in writing from the General Manager before engaging in outside employment. Permission should also be received from the General Manager, in writing, with respect to Council Officers using Council resources for non-Council purposes. Related Legislation, Regulations and Policies Workplace Health & Safety Act 1995 Responsibilities Employees are responsible for notifying the General Manager of any changes to external occupation/s or activities as and when required. The responsibility of this Policy rests with Department Managers.


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SUBJECT: EMPLOYEE PERSONAL DEVELOPMENT APPRAISAL

FILE NO: PER/0500


AMENDED BY COUNCIL ON: MINUTE NO: Introduction The maintenance of effective staff relations and communication channels is vitally important if Council’s goals and objectives are to be achieved.

Employees need to be satisfied with their jobs and their positions within the organisation. They need to be trained to handle the changing requirements of their work. They should also be encouraged to develop themselves to be able to effectively meet the challenges of the future workplace.

Management has inaugurated a Personal Development Appraisal to apply to all employees on an annual basis.

The overall goal is an effective coordination of employee needs with those of the organisation. It is believed that increased job satisfaction can result from this policy. This will only be achieved, however, if everyone supports the aims of the scheme.

Objectives The aims of the assessment scheme are as follows:

• to allow free and confidential discussions about work between employee and manager;

• to discuss the employee's progress and review job performance, in comparison with set job standards;

• to discuss any work problems which have arisen, and search for a solution; and

• to offer and discuss means of improving work performance, such as training or development needs, to enable all employees to make full use of their potential and keep the organisation informed of their needs and aspirations.

ROLES & RESPONSIBILITIES: It is recognised that each employee's manager is the person in the best possible position to handle an assessment, because of close contact with the employee, familiarity with the work performed, and in the interests of strengthening the very important relationship between manager and their staff. In the interests of uniformity, this procedure will apply throughout the organisation to all employees. We undertake to provide appropriate training to ensure that all managers are adequately prepared to carry-out this important task.


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The Departmental Manager is required to complete an assessment form annually for each employee. After discussion with the employee, who is invited to make any comments he/she wishes, the form will be forwarded to the General Manager for comment and review, and then it will be placed on file. Some issues which require further action may arise out of this discussion, such as aspects of job design or training and development. In such cases, the Departmental Manager will investigate and review the matter, and report back to the employee concerned. ADMINISTRATIVE DETAILS: Development of the scheme, as well as review of its progress, will be undertaken by the General Manager. Forms are to be obtained from the Office Manager who will assist with any enquiries or problems with the scheme which managers may encounter.

The Office Manager will also discuss the scheme with all new managers, to advise them as to what is required and how to conduct an appraisal.

Related Legislation, Regulations and Policies Local Government Act 1993 Anti-Discrimination Act 1998 Human Rights and Equal Opportunity Commission Act 1986 Workplace Relations Act 1996 Workplace Health & Safety Act 1995 Union Collective Agreement 2007 Responsibilities The responsibility of this policy rests with Departmental Managers.


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SUBJECT: EMPLOYEE PROMOTION POLICY

FILE NO: PER/0500


AMENDED BY COUNCIL ON: MINUTE NO: Introduction The purpose of this policy is to provide employees with an understanding of promotion opportunities within the Council. Objectives The promotion policy of the Flinders Council is based on three main principles:

1. Whenever possible, vacancies shall be filled by the most effective people available from within the Council.

2. The excellence of an employee's performance in his or her present job within the Council or the absence of a suitable replacement shall not be the only valid reason for refusing promotion to a suitable position.

3. Promotion is not affected by race, creed, age, sex or marital status.

ROLES & RESPONSIBILITIES:

1. When a vacancy arises, the Manager of the Department concerned shall obtain the necessary authority from the General Manager, who will notify the Office Manager, who is then responsible for sourcing suitable candidates, in accordance with the Selection Criteria. The General Manager has the final decision in accepting or rejecting a candidate.

2. Except for the circumstances set out in paragraph 5, the Office Manager shall advertise positions on notice-boards for at least five days.

3. The Office Manager, with the agreement of the departmental Manager, may advertise the vacancy concurrently outside the Council.

4. Applications from employees should be sent to the Office Manager, who will carry out the following actions: (a) notify Departmental Managers of the departments in which candidates are

employed; (b) notify the manager of the department in which the vacancy occurs of all

applications received; (c) notify candidates of interview; (d) notify candidates of the result of the interview.


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5. Internal advertising can be dispensed with where the General Manager

considers that: (a) there is a natural successor (who may have been specifically trained to fill

the vacancy); or (b) because of unusual requirements there is no suitable candidate within the

council; or (c) the vacancy can be filled by the transfer of an employee of equivalent

grade.

Related Legislation, Regulations and Policies Municipal Officers (Tasmania) Award 2002. Municipal Employees (Country Councils Tasmania) Award 2003. Local Government Act 1993 Anti-Discrimination Act 1998 Human Rights and Equal Opportunity Commission Act 1986 Workplace Relations Act 1996 Workplace Health & Safety Act 1995 Local Government (Community Services) Tas Award 2002 Responsibilities The responsibility of this policy rests with General Manager.


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SUBJECT: EMPLOYEE RECRUITMENT POLICY FILE NO: PER/0602


AMENDED BY COUNCIL ON: 13 March 2014 MINUTE NO: 763.03.14 Introduction The Employee Recruitment Policy is established to enable the organisation to:

- Ensure recruitment is based on merit. - Reduce risk of legal claims relating to discrimination. - Provide cost effective recruitment solutions.

Objectives The organisation aims to hire applicants on merit, making the best use of their abilities and providing job satisfaction, whilst ensuring that appropriate communication, records and human resource controls are maintained. Identification 1. Position and Role Review

Prior to any recruitment activities being undertaken an assessment is to be made as to whether an additional resource is needed and whether the tasks and activities that need to be carried out can be via other means e.g. redesign of another role, different systems/processes, development opportunity. If there is a requirement for additional resources via employment the most suitable employment mode should be determined together with the workload (hours) required. Employment modes include: 1. Ongoing/permanent 2. Fixed-term 3. Casual Hours maybe full-time (37.5 hours per week) or a reduced amount on a regular rostered basis which would meet the definition of part-time, or alternatively hours which are unpredictable and potentially change from commitment to commitment and therefore casual.

2. Position Description A position description is a statement of the tasks, duties and responsibilities of a job to be performed. It entails an understanding of the relationship of a specific position to other positions in the organisation and to the organisation’s overall goals and operations. Position descriptions are to be reviewed on a regular basis. Minimum review periods are at the time of the annual performance review and prior to any recruitment process.


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3. Filling a Vacancy A) Direct Appointment From time to time the Council may benefit from making a direct appointment. This means appointing an individual without advertising the role via the normal methods or completing all the steps of a selection appointment. If the Hiring Manager wishes to make a direct appointment a report must be provided to the General Manager outlining the reasons a direct appointment approach is desired/preferred. Reasons for direct appointment may include: - Role is casual or fixed-term in nature. - Person has lodged expression of interest to work with Council. - Specialist skills, knowledge and experience are required and there is a known

short supply of this. - Past difficulty attracting or recruiting for the role or like roles and the need to

actively seek and approach staff within existing roles at other organisations to fill the position.

- If there is only one applicant for the role post an advertising process and they are considered suitable.

The General Manager is to then review the reasons provided and decide if a direct appointment process is appropriate. The General Manager is to inform the Hiring Manager in writing of the final decision taken before any appointment is made. In the event the role being filled is via a General Manager direct appointment, a report is to be provided to the Mayor outlining the reasons for the direct appointment. Reasons for direct appointment may include: - Role is casual or fixed-term in nature. - Person has lodged expression of interest to work with Council. - Specialist skills, knowledge and experience are required and there is a known

short supply of this. - Past difficulty attracting or recruiting for the role or like roles and the need to

actively seek and approach staff within existing roles at other organisations to fill the position.

- If there is only one applicant for the role post an advertising process and they are considered suitable.

Once presented with the report the Mayor may discuss the proposed appointment with the General Manager but is not to unreasonably interfere or try to influence the hiring process or decision. All offers of employment are to be provided in writing.


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B) Selection Appointment A selection appointment involves appointment of a Selection Panel which will include the Hiring Manager and two other parties. The Panel should include representation from both genders. Some panels may benefit from one party being an external stakeholder. Where a member of the Selection Panel has a significant relationship with a short-listed applicant (such as a relative), that panel member will remove themselves from the process on the basis that there may be a conflict of interest. Such conflicts of interest are to be notified to the General Manager as soon as they become known. The selection appointment process involves: - Applications received shortlisted against the selection criteria by Hiring

Manager and one member of the Selection Panel. - Applicants interviewed by the full Selection Panel and determined if

appropriate for the position. Interview questions will be based on the Position Description and primarily the selection criteria. There will not be questions of a personal nature which could give rise to discriminatory inferences or claims.

- Referee reports collected by Hiring Manager for preferred candidate and shared with the Selection Panel.

- Hiring Manager determines proposed salary within Enterprise Agreement boundaries for General Manager approval.

- Preferred candidate advised of intent to offer subject to pre-employment checks.

- Offer made after pre-employment check clearance and forwarded in writing for consideration.

- Upon offer acceptance, unsuccessful candidates notified in writing. C) Expressions of Interest Register The Council may seek to maintain an Expression of Interest Register for general roles in Council e.g. Administration or Works. Expressions maybe sought via the Council website. Expressions received will remain on file for 12 months from the date of submission. The Expressions of Interest Register can be reviewed when the need for a position arises and suitable parties contacted to ascertain their availability and interest. D) Advertising If a role is for an ongoing/permanent position and is not subject to direct appointment it must be advertised. If more than one applicant applies it must progress through a selection appointment process.


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If the Hiring Manager wishes to advertise a role instead of making a direct appointment or using existing expression of interests due to concerns about people or lack of people available via these means, the General Manager must approve the advertisement process. If there are multiple existing employees who may be interested in and capable of performing a role, an internal only advertisement maybe appropriate. In all cases the external advertisement process used must be cost effective and include advertising in the Flinders Island circular. E) External Agent In some instances Council may decide to outsource the advertising and initial selection process to an external agent. This may be required due to seniority of roles, specialist roles, number of roles or if it provides for a more cost effective solution. It is the Hiring Manager’s responsibility to manage any external agent appointed to support a recruitment activity.

4. Pre-Employment Checks A federal conviction check will be required for the preferred applicant; any information obtained will be assessed against the requirements of the position. All costs for the federal conviction check will be met by Council.

A pre-employment medical examination will be required for the preferred applicant. Information is to be requested only in regard to that which is directly relevant to the position. The applicant will be provided with a pre-employment medical form/s to take to a general practitioner for completion. All costs for the medical examination will be met by Council.

Related Legislation, Regulations and Policies Local Government Act 1993 Anti-Discrimination Act 1998 Human Rights and Equal Opportunity Commission Act 1986 Work Health & Safety Act 2012 Fair Work Act 2009 Responsibilities Coordination of the recruitment process is the responsibility of the Hiring Manager with support from the Corporate Services Manager (and/or Coordinator) if needed. The General Manager’s approval is required prior to advertising a vacancy and making any offer of employment. Hiring Managers seeking to recruit new staff must consult with the General Manager about their recruitment needs. Each Hiring Manager is responsible for adhering to this policy.


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SUBJECT: EQUAL EMPLOYMENT OPPORTUNITY POLICY

FILE NO: PER/0602


AMENDED BY COUNCIL ON: MINUTE NO: Introduction Council is committed to providing a workplace that is free from all forms of discrimination and harrassment. Council recognises and respects the diversity of backgrounds, beliefs and experiences that exist within our workforce and community. Objectives Equal employment opportunity ensures all job applicants receive equal opportunities for employment, regardless of race, sex, marital status, age,disability, sexual orientation, religious beliefs, pregnancy,family responsibility or political conviction. All current employees will be provided with an equal opportunity to apply for available jobs, higher duties and flexible working arrangments. Any decisions will be based on the employee’s individual performance and ability. Equal access to jobs, promotions and training is everyone’s right.. Identification This equal employment opportunity policy is consistent with the merit principle whereby only criteria related to the ability to do the job are used in the selection process. Council will ensure all employees involved in the decision making process are trained as appopriate and comply with relevant legislation. Grievances Any employee who believes that Council has not complied with the principles of equal employment opportunity may lodge a complaint as outlined in the grievance procedure. Additional information regarding equal employment opportunity can be accessed from www.antidiscrimination.tas.gov.au Related Legislation, Regulations and Policies Anti-Discrimination Act 1998 Industrial Relations Act 1984 Workers Rehabilitation and Compensation Act 1988 Workplace Health & Safety Act 1995 Human Rights and Equal Opportunity Commission Act 1986 Disability Discrimination Act 1992 Racial Discrimination Act 1975 Sex Discrimination Act 1984 Workplace Relations Act 1996 Responsibilities Every employee has a personal responsibility for the implementation of this policy.


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SUBJECT: INDUCTION POLICY

FILE NO: PER/0602


AMENDED BY COUNCIL ON: MINUTE NO: Introduction When new employees commence, Council will aim to help them adjust to their new situation as quickly and easily as possible so that they become integrated and productive members of the organisation from the earliest opportunity. Objectives This policy outlines the induction process that will apply to new employees joining the organisation. This policy only covers the induction process - training programs must be developed separately to meet the specific training needs of employees during their time in the organisation. Identification Before the employee starts they will be given:

• A clear understanding of their commencement date, time and location, dress standards and parking availability.

• A listing of any required documents or equipment, such as medical information, clothing or tools that they may require.

Council will ensure the following occurs before the new employee commences:

• All employees will be notified that a new employee is commencing • A work area/station is identified for the new employee and is clean and tidy • Prepare all necessary personal protective equipment, supplies and equipment • Where applicable, security information and keys are prepared for them.

On commencement: • Introduce the new employee to other employees and familiarise them with a

tour of the work area, including toilets, lunch room, emergency exits • Allocate any personal protective equipment, supplies, keys etc • Complete any required paperwork and answer any queries • Provide the new employee with an Induction Package (this package will

ensure new employees receive all the information required to perform their role while familiarising them with the local community and Council services.)

Related Legislation, Regulations and Policies Policy Manual, relevant policies may vary according to the position. Responsibilities It is the responsibility of all Managers and Supervisors involved in the induction of new staff to ensure that this policy is adhered to. Related Documents Induction Manual


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SUBJECT: PHYSICAL LOCALITY STAFF POLICY FILE NO: PER/1200

ADOPTED BY COUNCIL ON: 21 May 2009 MINUTE NO: 169.05.09 AMENDED BY COUNCIL ON: MINUTE NO: Purpose The purpose of this policy is to give advice to the General Manager regarding Council’s commitment to its social responsibility and Strategic Plan with regards to human resources.

Policy It is Council’s preference that where practical and economically feasible employment positions are located within the municipality notwithstanding the ability to resource share or contract in services.


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SUBJECT: STAFF CODE OF CONDUCT POLICY

FILE NO: PER/0500


AMENDED BY COUNCIL ON: 16 May 2013 MINUTE NO: 541.05.2013 Introduction

The purpose of this policy is to outline Council’s expectations concerning the manner in which all Staff members, contractors working in-house, staff on exchange, volunteers, work experience students or graduate placements who perform work on behalf of Council conduct themselves All staff are to act with the highest standards of honesty and integrity and in a manner which is consistent with the Council’s policies; • While at work and in the field. • While representing Council at events/functions after hours. Council is to ensure that any complaints made under this Code of Conduct are dealt with in a confidential, fair and systematic manner as per the existing Council Disciplinary Policy. Any action taken in relation to a complaint or breach of this Code must not adversely impact a workers rights under the Fair Work Act 2009; existing Contractual clauses; or compromise Councils obligations under the Work Health and Safety Act 2012 (Tasmania) or any other related legislation.

Objectives Anyone dealing with Council has the right to expect the utmost honesty, integrity and competence of our staff. Staff must always maintain complete confidentiality when instructed and must not discuss Council issues with anyone outside the organisation.

Procedures

1. Punctuality - Staff must report and depart work at the time stated in their terms and

conditions of employment. - Staff can only vary working times with the written authority of their

immediate Manager. - Staff are required to observe stated lunch times. - If staff are unable to attend work, they are to contact their immediate

Manager in accordance with the Flinders Council Enterprise Agreement 2010.

2. Behaviour

- Staff are required to follow reasonable instructions of Supervisors and Managers.

- Staff are not to intimidate, threaten or coerce fellow employees or customers by using physical violence, improper language or other disorderly conduct.


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- Staff must maintain sanitary conditions in the washrooms and keep their workplace tidy.

- Staff must not distribute unauthorised literature, or place offensive documents on the Council notice board or remove/deface documents placed by management.

- Staff are to discuss any issues of workplace conflict, with their Manager. In the event that the conflict cannot be resolved at this level the matter will be referred to the General Manager.

- Staff will always undertake their job activities in an economical, effective and efficient manner.

- Staff will adhere to all legislative requirements and lawful directions which relate to their job functions and responsibilities.

- Staff will provide a professional service to all persons in their dealings with Council at all times, maintaining a professional standard of dress and personal hygiene at all times as per Council’s Uniform Policy.

3. Council Property

- Staff will not abuse, deface or wilfully damage Council property or the property of others.

- Council vehicles may only be used by authorised employees. - Council property must only be used for Council activities, unless

permission is given by the General Manager.

4. Health and Safety - Staff are required to follow safe work procedures and only use equipment

that they are authorised to use. - Staff must wear Personal Protective Equipment in accordance with

Council’s Personal Protective Equipment Policy. - Staff must always ensure that equipment is working correctly and safety

guards are always used and correctly positioned. If any safety issues are identified they are to be reported immediately and the equipment is to be isolated until repaired.

- In the event of an emergency, follow standing instructions and the orders given by your Supervisor or Manager in an orderly manner.

- Do not use or bring on to Council premises any drugs other than those prescribed for your personal use by your doctor.

- If a staff member is prescribed a drug which has side effects that may impact on their ability to safely perform their role, they are to notify their Manager immediately.

- Alcohol must not be brought on to Council premises, unless approval has been given by the General Manager.

5. Council Documents and Records

- It is an offence to falsify time sheets or attendance records for one’s self or for a fellow employee, even if a fellow employee requests you to do so.

- Staff are not to access Council information unless it is directly relevant to the role they perform.


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6. Compliance with the Policy Manual - New staff will be provided with a copy of the Council’s Policy Manual at the

time of induction and it is the responsibility of staff to be aware of the contents of the Council’s Policy Manual as they apply to their working conditions.

7. Confidentiality

- Council has information about various issues that is private and sensitive in nature. Staff must keep this information confidential at all times.

- Staff must maintain the integrity and security of Council by safeguarding confidential files and information and must not disclose this information to any other person not entitled to know such information.

8. Gifts or Gratuities

- Staff should not, under any circumstances, seek or accept any money, gift or gratuity from any source in connection with the performance of their duties.

Any staff member who does not uphold Council’s Staff Code of Conduct as outlined above will be held accountable and will be dealt with under the Council’s Disciplinary Policy. Related Legislation, Regulations and Policies

• Local Government Act 1993 • Work Health & Safety Act 2012 (Tasmania) • Fair Work Act 2009 • Privacy Act 1988 • Disciplinary Policy • Drugs & Alcohol Policy • Antidiscrimination, Harassment and Bullying Policy • Computer and Telephone Usage Policy • Smoke Free Environment Policy • Occupational Health & Safety Policy

. Responsibilities

• The responsibility of ensuring that the policy is adhered to is the responsibility of all Staff.

Managers and Supervisors are to ensure that there will be a fair and systematic approach to the enforcement of standards required by the Staff Code of Conduct as per the existing Council Disciplinary Policy.


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SUBJECT: STAFF DEVELOPMENT POLICY FILE NO: PER/1400


AMENDED BY COUNCIL ON: MINUTE NO: Introduction Staff development is an integral part of the working life of each staff member. It is associated with the development needs of the individual, of teams and the achievement of the Council’s overall strategy. It seeks to reconcile the needs and aspirations with those of Council. Objectives Council is committed to maximising opportunities for all staff to improve their levels of skills and knowledge in order to improve workplace productivity and staff satisfaction. In order for staff to meet the challenges of a rapidly changing environment, it is vital that staff be not only committed to Council’s objectives, but also equipped with the necessary skills to achieve them. To ensure this, Council will continue to support staff development, which involves all staff equally as partners in achieving the aims of Council. Staff development is a joint responsibility shared by individual staff members, managers and supervisors. Individual staff members are encouraged to seek appropriate development opportunities both within Council and externally. Managers and supervisors are to ensure that staff have access to relevant staff development activities. It is Council’s policy that all staff have equal opportunity for development opportunities regardless of age, disability, health, marital status, race or sex. Staff development is designed around a range of development and skill building activities. Organisational support is provided for all staff by the Office Manager. Employees may expect to receive the following opportunities for staff development:-

• Upon joining Council; receive an induction that incorporates the way Council operates, including what contribution the employee is expected to make.

• To receive support to develop the competence and capability for which staff have been employed.

• To have the opportunity to develop new competencies and capabilities relevant to staff’s employment with Council, which enhances career prospects and lifelong learning within Council.


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• To participate in Council’s personal development appraisal process with the Departmental Manager, including identifying opportunities for on-going support, an annual review of previous development programs and identification of plans for the future.

• To receive an exit interview upon leaving Council, so that these comments may be incorporated into the development programs of other members of staff.

Council expects the employee to:-

• Develop skills and capabilities that are aligned to the strategic plan at the appropriate level, e.g. team or individual.

• In partnership with the Manager, participate in Council’s personal development appraisal process, including an annual review of past development and identification of future plans.

• Take personal responsibility to update specific expertise on a regular basis, as appropriate to the nature of your position.

• Contribute to team staff development where appropriate. • Keep a record of staff development activity.

MONITORING & EVALUATION: The overall staff development policy and its effectiveness in achieving its goals will be regularly reviewed at all levels of Council. Each employee’s responsibility in this process is as follows:-

• Staff member keeps a record of staff development activity, which is monitored and evaluated in partnership with their Departmental Manager.

• The Office Manager in consultation with the Departmental Manager are responsible for managing staff induction, training, staff development review and team and individual staff development plans, including the monitoring and evaluation of the outcomes.

• The Office Manager is responsible for managing the implementation of the staff development policy within Council and for managing and monitoring the staff development budget.

• The Office Manager controls the management of systems and processes to support the planning, promotion, co-ordination and review of staff development.

Related Legislation, Regulations and Policies Local Government Act 1993 Anti-Discrimination Act 1998 Human Rights and Equal Opportunity Commission Act 1986 Workplace Relations Act 1996 Workplace Health & Safety Act 1995 Responsibilities The responsibility of this policy rests with Office Manager.


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SUBJECT: UNIFORM POLICY

FILE NO: PER/0602



AMENDED BY COUNCIL ON: 16 May 2013 MINUTE NO: 540.05.2013 Introduction Council has a responsibility to project a professional corporate image to all ratepayers, residents, visitors and other organisations and to ensure outdoor staff have access to and wear the required personal protective equipment and high visibility clothing. Objectives To provide guidance on the appropriate dress standard and image expected by Council. Indoor Staff All permanent staff will be allocated a once only $550 uniform allowance for their first year of employment, and a uniform allowance of $330 per financial year thereafter. All clothing must carry the Flinders Council Logo which must be situated on the left hand chest area for jackets, knitwear, dresses and shirts. All shirts must be colours depicted as per the uniform catalogues available to staff and pants, skirts, jackets and knitwear must be charcoal in colour. Indoor staff who choose not to wear Council’s non-compulsory uniform shall during the workdays and at all work-related activities, adhere to a professional standard of dress, be neat and clean in appearance and shall not be covered by the uniform allowance. Some staff previously purchased their own uniforms, some of which bear the LG logo. As staff have taken this initiative they should then be permitted to continue wearing these garments. Outdoor Staff All permanent outdoor staff are required to wear appropriate Personal Protective Equipment (PPE) that complies with the relevant Australian Standards, in an effort to reduce the risk of injury and/or illness to individual members. These include, but are not limited to, high visibility safety shirts with long sleeves & collar; heavy duty long pants; hats; and safety boots. This equipment is purchased directly by Council with no contribution made by individual staff members. Hence, if such equipment is being fully provided, the Flinders Council Logo must appear on all such clothing and must be situated on the left hand chest area for jackets, vest, shirts and knitwear. All long pants must be navy in colour.


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Related Legislation, Regulations and Policies Staff Code of Conduct Policy Personal Protective Equipment Policy Staff – Sun Protection Policy Work Health & Safety Act 2012 (Tasmania) Responsibilities The responsibility of this policy rests with the Corporate Services Manager and the Works & Services Manager.


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SUBJECT: FRAUD PREVENTION AND CONTROL POLICY

FILE NO: PER/0500; COU/0603


AMENDED BY COUNCIL ON: MINUTE NO:

Introduction The purpose of this policy is to protect public funds and other assets, protect the integrity, security and reputation of the Flinders Council and its employees and to assist in maintaining a high level of services to the community. Objectives Flinders Council is committed to fostering and maintaining the highest standards of ethical behaviour by establishing a policy where fraud and corruption is not tolerated. Flinders Council is committed to protecting its revenue, expenditure and property from any attempt, either by members of the public, contractors, elected members or its own employees, to gain by deceit, financial or other benefits. Council is committed to:

• Protecting community assets and resources; • Adopting measures to minimise risk; and • Serving, representing and promoting community needs, interests and

aspirations. There are two core elements to this policy:

I. Reducing losses through fraud by developing and implementing a Fraud Control Plan within a working environment which promotes honesty and integrity; and

II. Establishing and maintaining a commitment to detecting, investigating and

prosecuting individual cases of criminal behaviour, including fraud This policy has been developed with guidance from the following publications:

• Report of the Auditor-General, No 1 of 2013-14, fraud control in local government, August 2013

Identification This Policy applies to:

• The Mayor, Councillors, Managers, Workers and Representatives of Flinders Council. They are responsible for the identification and management of all risks associated with the performance of Council functions and the delivery of Council Services.

• Situations where fraudulent or suspicious behaviour is suspected and/or has

been identified.


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Definitions Corruption Corruption is defined by Australian Standard (AS8001-2008) as ‘dishonest activity in which a director, executive, manager, employee or contractor of an entity acts contrary to the interests of the entity and abuses his/her position of trust in order to achieve some personal gain or advantage for him or herself or for another person or entity.’ Corruption is any conduct that is improper, immoral or fraudulent. Fraud Fraud is defined by AS8001-2008 as ‘dishonest activity causing actual or potential financial loss to any person or entity including theft of monies or other property by Council officers or persons external to the entity and whether or not deception is used at the time, immediately before or immediately following the activity. This also includes the deliberate falsification, concealment, destruction or use of falsified documentation used or intended for use for a normal business purpose or the improper use of information or position.’ The above definition does not have to be tangible and, includes the following types of offences: (the following list is not intended to be exhaustive)

• Theft/stealing; • Abuse of position and power for personal gain; • Unauthorised and/or illegal use of asset, information or services for private

purposes; • Manipulation of computer programs for improper purposes; • Manipulation and misuse of account payments; • Obtaining a financial advantage or any other benefit by deception; • Conflicts of interest; • Bribery (accepting personal gifts and benefits); • Use of intellectual property; • Use of corporate credit cards; • Causing a loss, or avoiding or creating a liability, by deception; • Making, using or possessing forged or falsified documents; • Unlawful use of vehicles, telephones and other property or services; • Perverting the course of justice; • Elected members dishonestly using influence; • Election bribery; • Election funding offences; • Election fraud; or • For any dishonest or improper purpose

Policy Guidelines Expectations

a) Councillors and council staff are expected to maintain a high standard of ethical conduct in all activities, in particular with respect to resources, information and authority.

b) All staff are expected to develop, encourage, insist upon and implement sound financial legal and ethical decision making within their responsibility levels.


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c) All Councillors are expected to be familiar with and act in accordance with the Council’s Code of Conduct. The Council expects similar standards from the people, agencies or organisations that do business with the Council.

d) All staff and Councillors must declare any interests in relation to matters they are currently considering, investigating or making a decision on.

e) Fraudulent acts against the Council are unacceptable and may constitute a criminal offence.

f) Any Councillor or staff member who suspects fraudulent behaviour must report it immediately to their Manager or the General Manager

Responsibilities for Directors/Managers

a) Managers/Coordinators are expected to lead by example and to demonstrate integrity and fairness in decision making and to be open and honest in their dealings with others.

b) Managers/Coordinators must ensure that the three elements required for

effective management of fraud prevention are evident in the workplace. The three elements are as follows:

I. Positive attitude of management towards internal control. Expressed

through interest, involvement, policies and procedures.

II. The selection and development of quality staff who demonstrate high ethical standards. The appropriate application of leadership and training to all staff will enhance the quality of performance and therefore control. Ensuring Position Descriptions include risk management control (including fraud) responsibilities.

III. The monitoring of systems, whether informal information gathering,

active supervision of formal information systems.

c) Managers/Coordinators are expected to make themselves familiar with, and implement Council’s Fraud Prevention and Control Policy.

d) Managers/Coordinators are required to promptly advise the General Manager

or Departmental Manager of instances of suspect or actual fraud. All such matters must be dealt with in accordance with other relevant internal reporting procedures.

e) When fraud is detected, Managers/Coordinators must take prompt action both

to stop fraudulent behaviour and to discourage others who may be inclined to commit similar conduct.

Fraud Detection

• Council will employ a number of internal fraud prevention mechanisms to ensure early detection of suspicious or fraudulent behaviours.

• Fraud detection may include monitoring staff and transactions and maintaining

and developing internal security.


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Fraud Investigation • If the General Manager has reason to suspect that fraud has occurred the

Mayor must be immediately notified. • The circumstances must then be investigated and the General Manager will

decide whether the organisation will conduct an administrative fact-finding investigation, or a criminal investigation in association with Tasmanian Police.

Policy Delivery and Monitoring

• The General Manager is responsible for developing and implementing Council’s Fraud Prevention and Control Policy and monitoring its effectiveness. Trends, activities, complaints and compliments are monitored for signs of irregularity. The General Manager reports to the Council on fraud risk issues ensuring that risks are identified and acted on.

• Council staff will receive appropriate training to improve awareness of fraud

risks and fraud Management within the workplace. Related Legislation, Regulations and Policies

• Local Government Act1993 • AS8001-2008 Fraud and Corruption Control • The Public Interest Disclosures Act 2002 (Tas) • AS/NZS ISO 31000 Risk Management • Staff Code of Conduct Policy (HR11) • Risk Management Policy (W4) • Elected Members’ Allowances & Reimbursements Policy (G6) • Quasi-Judicial Policy (G10) • Flinders Council Code of Conduct for Elected Members • Council Gift Register

Responsibilities Responsibility for the operation of this policy rests with the General Manager.

Flinders Council Policy Manual O1

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SUBJECT: BUILDING APPROVALS

FILE NO:

REA/0101

ADOPTED BY COUNCIL ON: 11 August 2005 MINUTE NO: 475.08.05 AMENDED BY COUNCIL ON: 23 September 2010 MINUTE NO: 278.09.10

Introduction Council wishes to clarify that there is a procedure to follow prior to commencing building a structure. Objectives To ensure the public is aware that planning approval may be required and a building approval is a prerequisite to commencing any building work. Procedures That it be Council policy:- That no work shall commence on any buildings without Council approval. If work does commence, and if the building is in violation of regulations, then Council has the right of demolition unless approval is given. Related Legislation, Regulations and Policies Land Use Planning and Approvals Act 1993 Building Act 2000 Building Regulations 2004 Plumbing Regulations 2004 Responsibilities The responsibility of this policy rests with the General Manager.


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SUBJECT: FLINDERS COUNCIL PUBLIC OPEN SPACE POLICY

FILE NO: COU/0600

ADOPTED BY COUNCIL ON: 17 April 2008 MINUTE NO: 172.04.08 AMENDED BY COUNCIL ON: 23 September 2010 MINUTE NO: 283.09.10 Introduction The Flinders Council has determined that it should adopt a Public Open Space Policy that provides a clear rationale for decisions, based on clear objectives and principles, regarding the provision of well designed and located public open spaces within the Council area and to provide a consistent approach regarding payment in lieu of public open spaces and the utilisation of those contributed funds. Objectives This policy outlines how Council has options to consider with relation to public open space, be it actual land contributed for the benefit of the community at large or a monetary contribution to enhance existing facilities. Procedure Council considers each subdivision application on its own merit and seeks uniformity when applying this policy. There may however, be unique circumstances that may give rise to variation or departure from the policy and this will be at the discretion and formal determination of the Council or its delegate. Principles Council acknowledges that it should be able to justify why it needs to apply the provisions of the Act and require developers to provide land or make payments in lieu for the purposes of the provision of public open space. The principles that Council has determined apply to justify public open space provision and/or contributions in lieu include:

That any subdivision of land will or is likely to increase the demand for the provision of public open space

Where sufficient public open space already exists, a payment in lieu should be required to provide for the enhancement and provision of strategically located public open spaces

The provision of land or payment in lieu for public open space should only occur where the subdivision will result in an increase or a potential for increase in residential density i.e. result in the increase in demand for public open space

That the public open space needs for the community may be realised through a number of means and based on a variety of recreational use categories

That the provision of public open space needs to be considered in the context of the whole of the island’s recreational needs


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The provision of public open space needs to consider that it is convenient and accessible; usable; is safe; caters for a diversity of recreational needs; and protects areas of natural and cultural value

Every subdivision should be assessed on its merits and according to the policy as to the requirement for an area of public open space and/or payment in lieu

Legislation The Local Government (Building and Miscellaneous Provisions) Act 1993 (THE ACT) (PART 3: Division 2 – Plans of Subdivision Section 83.1.(a)) provides Council with the authority, as part of its condition of approval of a subdivision, to require the provision of land for public open space or drainage purposes. Additionally, the Act (PART 3: Division 8 – Public Open Space) provides Council with the authority to consider payment in lieu and instead of requiring the owner to increase the area for public open space. In either case, if Council requires a greater contribution than 5%, the owner will be compensated accordingly. Contribution Required In accordance with the provisions of Section 117 of The Act Flinders Council will require a 5% cash contribution in lieu of public open space land contribution of the parent title for all subdivisions based on the most recent valuation determined by the Valuer-General indexed using the Valuer-General’s indexation factor to more accurately reflect current values. The formula used for the calculation will be as shown on the following page. The cash contribution in lieu will be capped to a maximum amount payable equal to $5000 per allotment for any additional allotments created over and above the parent title. The Council or its delegate may determine whether a 5% contribution of land from the parent title instead of a cash contribution in lieu is more appropriate; a combination of land and cash in lieu; or if any additional land is required. A proposal for boundary adjustment only that does not create any additional allotments or residential density demands will not be subject to any contribution under this policy. Cash Contributions Received All cash contributions received will be accounted for in a separate Trust account pursuant to Section 117 of the Local Government (Building and Miscellaneous Provisions) Act 1993 and be called the Flinders Council Public Open Space account. Delegation Council delegates its legislative authority to determine the contribution required and compliance with this policy to the General Manager.


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Related Legislation, Regulations and Policies The Local Government (Building and Miscellaneous Provisions) Act 1993 PART 3: Division 2 – Plans of Subdivision Section 83.1(a) and PART 3: Division 8 – Public Open Space Responsibilities The responsibility of this policy rests with the General Manager


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Flinders Council Offices, 4 Davies Street Whitemark, Flinders Island TAS 7255 Council Phone: (03) 63595001 Fax: (03) 63592211 Email: [email protected]

Public open space calculation www.flinders.tas.gov.au ABN 75 754 974 669

Subdivision Address Applicant Stage 1 of 1 SUB / Area of whole title (Aw) Ha. Area of land in survey plan (Ap) Ha. Area of balance lot(s) Ha. Area of land in survey plan to whole title (Ap/Aw) Area of recreation reserves (A1) Ha. Area of littoral or riparian reserves (A2) Ha. Value of whole title ($Aw) $ Value of land in survey plan ($Ap) Value of balance lot(s)

Value of contribution instead of public open space($pos)

SAY $ where References Section 117 of the Local Government (Buildings and Miscellaneous Provisions) Act 1993 Notes: Valuations based on the most recent Valuer-General's land valuation indexed using the the Valuer-General's indexation factor

Contribution calculated on area of lots to be subdivided. See M & G Veith v Kingborough Councl [2003]TASRMPAT 23 (03 Feb 2003) Valuations based on estimated market value. See DJ McCulloch & Associates v West Tamar Council[2005] TASRMPAT 61 (18 Mar 2005).

( )w

w

ppos AA

AAA $20$ 21 ×⎥⎦⎤

⎢⎣⎡ +−≤


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SUBJECT: LAND TRANSFER POLICY

FILE NO: CUL/0101

ADOPTED BY COUNCIL ON: 11 August 2005 MINUTE NO: 474.08.05 AMENDED BY COUNCIL ON: MINUTE NO: It is the policy of Flinders Council that: Council advocates that any Aboriginal claims or proposal for transfer of Crown Land be removed from the political arena and be assessed by an independent expert body in line with recommendations proposed by the Legislative Select Committee Study on Aboriginal Lands report 2000, Chapter 4, and that Council supports the management by local Aboriginal Groups of land vested in ALCT within the Flinders Area.


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SUBJECT: PACIFIC OYSTER MARINE FARMING

FILE NO: ENV/0502



AMENDED BY COUNCIL ON: 18 November 2010 MINUTE NO: 371.11.10 Introduction This policy is to control the introduction of Pacific Oysters to the Flinders Municipality. Objectives To ensure that the Pacific Oyster doesn’t become a pest within the waters around the Flinders Municipality. Procedure That it be Council policy to defer the introduction of Pacific Oyster farming until technology permits Triploid/Tetraploid (Sterile) Oysters to be able to be safely farmed in the waters of the Flinders Municipality. Council will instigate investigation into whether or not modern technology exists to enable safe farming Pacific Oysters in the waters of the Flinders Municipality. Related Legislation, Regulations and Policies Nil Responsibilities The responsibility of this policy rests with the General Manager.


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SUBJECT: ROADSIDE AND RESERVE VEGETATION MANAGEMENT POLICY

FILE NO:

WOR/1500

ADOPTED BY COUNCIL ON: 16 January 2003 MINUTE NO: 005.01.03 AMENDED BY COUNCIL ON: 18 November 2010 MINUTE NO: 372.11.10 AMENDED BY COUNCIL ON: 20 September 2012 MINUTE NO: 279.09.2012 Introduction The Flinders Council Roadside Management Policy is an integrated program for the control and management of roadside vegetation. Its primary purpose is to maintain optimum driving conditions for user safety and to protect road surfaces. Objective The policy aims to achieve a balance between economic restraints, environmental protection and aesthetic amenity. Procedure Roadside vegetation management practices recognise that environmental and road conditions on Flinders Island differ from other areas in the following ways: 1. An abundance of native wildlife and the high incidence of road kills present a

very real danger to motorists. When vegetation is kept low and away from road edges, visibility improves, collisions can be reduced and damage to persons and vehicles minimised.

2. In most instances, the width of road reservations is 20 metres; in some areas it can be as little as 10 metres. This is an important factor when deciding which method of vegetation control is used as it restricts the ability of certain types of machinery to operate effectively and safely.

3. The types of soils and materials used in road making activities make it necessary for road surfaces to be kept as dry as possible. Control of vegetation is important to allow ample ventilation and sunlight to penetrate road surfaces.

4. Native tree species that occur within road reservations grow extremely quickly and require regular and often severe trimming. Financial constraints prohibit “light pruning” on an annual basis. The most prolific species include Acacia, Melaleuca, Eucalypt and Casuarina.

5. Low summer rainfall and strong dry winds combined with a high incidence of native bush creates a significant fire danger each year. A roadside unrestricted with laden vegetation can act as a good break in case of wildfire.

6. Land owners are responsible for trees and weeds they allow to escape outside their boundaries, such as pampas grass, that seed to the roadsides. Pampas grass has been listed as a priority weed for removal in the Furneaux Group Weed Strategy.

7. Land owners are not permitted to plant trees within 15 metres of the road reservation boundaries, or may plant only small shrubs not exceeding 1 metre


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in height for the first 10 metres from the boundaries. Plantings to be at least 75 metres back from intersections, to avoid causing problems with sight distances. Privately owned trees that protrude onto Council roadsides will be cut back for sight distance or safety reasons, and the work will be done at the cost of the land owner.

8. Planting of any species of tree or shrub on roadsides is not to be carried out without first obtaining the written permission of Council, and any trimming or removal of approved plantings will be done at the cost of the land owner.

Herbicide Spraying 1. The Roadside Vegetation Management Policy recognises that herbicide

spraying is a sensitive issue within the community and is only undertaken after all economic, environmental and health and safety factors to operator and public have been considered.

While spraying is recognised as an effective and economical method of controlling vegetation, it is part of an integrated policy which includes slashing and trimming of trees and grasses. Alternative methods of vegetation control are investigated as they become available to determine their viability, suitability and affordability to satisfy the required outcome.

2. Council has an obligation to the public to identify areas that have been sprayed with herbicide. It is Council’s policy that all herbicide sprayed areas will be identified with signage for at least 24 hours after an area has been sprayed.

3. An added measure will be the addition of a dye to herbicides used in areas that are more frequented by the public. Dyed grass areas should also serve as a warning to parents of the need to supervise children.

4. The areas are: Playgrounds Townships Walking path between Whitemark Township and the School Public access areas at the Airport

5. Council will place a notice in the island news biannually to advise the public that

grass areas stained with coloured dye; have been treated with an herbicide.

6. All possible care is taken to ensure that herbicides are used only when necessary and usage is kept to a minimum in accordance with Council’s procedures and manufacturers’ instructions.

7. The shoulder areas of gravel roads are sprayed primarily to kill grass, thereby providing Council machinery, useable weed free ground to maintain. In the case of bitumen roads, spraying reduces shoulder build-up and allows water to run off the road surface. In worn areas it allows material to be brought up to the bitumen edge to prevent edge breaks.


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8. Culverts and drains are sprayed as required to prevent vegetation blockage and maintain hydraulic efficiency.

9. Exotic weed species which inhabit road reservations are periodically identified and sprayed in recognition of Council’s obligation to adjoining landowners to reduce the incidence of weed spread.

Slashing 1. It is Council practice to slash low trees and vegetation to give good lines of

sight on road corners, to allow guide posts to be easily seen and to allow maximum visibility of wildlife.

2. Slashing is used as a means to provide light and ventilation to road surfaces and to prevent trees from growing to a size which would require pruning.

3. Slasher blades are set at a minimum height (100mm) to prevent damage to vegetation root structure.

Pruning of Trees 1. All possible care is taken to ensure that trees are maintained to a height which

precludes the necessity for pruning. Pruning is a labour intensive and expensive exercise, and all possible means are taken not to allow trees to reach this stage.

2. In areas where mature, established trees are present, trimming takes place on an as needs basis.

Bulldozing of Trees and Clearing of Roadsides The bulldozing of trees and clearing of roadsides is only carried out when all other methods have been considered. This may be necessary in situations where drains are blocked or if an adjoining landholder wishes to clear fence lines. It may also be necessary in circumstances where new road surfaces need to be constructed or rehabilitated and particular attention needs to be given to drainage. Options for cut or pruned vegetation: 1. Mulched on-site if possible. 2. Burnt when and where it is safe to do so. 3. Chipped on-site for removal if possible. 4. Removed from the road reservation to a disposal site within 30 days of the

vegetation management activity. Any Contractor, or other service provider proposing to do vegetation control within a road reservation is required to discuss methods of working and timeframes with the Works & Services Manager prior to any work commencing.


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Register of Rare and Endangered Species 1. A Register of Rare and Endangered Species is kept at the Council Depot

Office. The Register lists and describes species, their habitats and occurrence and is updated as required.

2. All outdoor staff members are aware they have an obligation in their work practices to ensure, as far as practicable, that these species are protected.

3. Staff members are also obliged to avoid as much as possible any disturbance of vegetation in identified areas.

4. The need for signage to identify these areas should be avoided. Flinders Council will not identify rare and endangered species sites. Most Australian road authorities prefer that only signs necessary for the direction, safety and guidance of road users, be placed within the road reserve.

Related Legislation and Documents Agricultural and Veterinary Chemicals (Control of Use) Act 1995 and regulations under this Act. The Environmental Management and Pollution Control Act 1994 and regulations under this Act. The Dangerous Goods Act 1998 and regulations under this Act. The Workplace Health and Safety Act and regulations under this Act.

The Code of Practice for Ground Spraying.

Flinders Council Procedure General 12 - Herbicide Spraying Responsibilities The responsibility of this policy rests with the Works & Services Manager, the Risk Management Officer and NRM Facilitator.


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SUBJECT: VISITS - CAPE BARREN ISLAND

FILE NO: COU/0600

ADOPTED BY COUNCIL ON: 20 May 2004 MINUTE NO: 248.05.04 AMENDED BY COUNCIL ON: 21 October 2010 MINUTE NO: 341.10.2010 Introduction Council acknowledges that visits to Cape Barren Island are useful to see first hand the issues that affect residents. Objectives Council encourages open communication with Cape Barren Island residents and representative bodies in an effort to have a better understanding of CBI issues and be proactive in resolving these matters. Procedure That it is the policy of Flinders Council that Councillors and Council Managers inform the Cape Barren Island Aboriginal Association Inc of proposed visits to Cape Barren Island. Related Legislation, Regulations and Policies Nil Responsibilities The responsibility of this policy rests with the General Manager.

Flinders Council Policy Manual W1

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SUBJECT: DRUGS AND ALCOHOL POLICY

FILE NO: PER/0500


AMENDED BY COUNCIL ON: MINUTE NO: Introduction The Flinders Council endeavours to provide a safe workplace for all employees, the use of either alcohol or drugs puts the individual concerned and those around them at risk of incident or injury. Employees who have an alcohol or drug problem can seek confidential assistance, from the General Manager, who will assist the employee getting the support and guidance to overcome the addiction. Objectives The primary objective of this policy is to ensure that employees of Council are not a danger to themselves or others because of use of drugs or alcohol. Identification Council employees are not permitted to work under the influence of alcohol or drugs unless those drugs have been prescribed by a physician. If an employee is prescribed a drug that has side effects that will impact on that employee’s ability to safely perform their role, they must inform their manager immediately.

1. Establishing the Problem Managers should be aware that the misuse of drugs or alcohol by employees may come to light in various ways. The following characteristics, especially when arising in combinations may indicate a personal problem that may be associated with the use of drugs or alcohol: Absenteeism - instances of unauthorised leave - frequent Friday and/or Monday absences - leaving work early - lateness (especially on returning from lunch) - excessive level of sickness absence - strange and increasingly suspicious reasons for absence - unusually high level of sickness for colds, flu, stomach upsets - unscheduled short-term absences, with or without explanation. High accident level - at work - elsewhere, such as driving, at home. Work performance - difficulty in concentration - work requires increased effort


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- individual tasks take more time - problems with remembering instructions or own mistakes. Mood swings - irritability - depression - general confusion. 2. Misconduct An employee’s alcohol or drug problem may come to light as a mitigating factor in a disciplinary interview. It should be treated as a mitigating factor for certain “less serious” disciplinary offences, such as poor timekeeping or lateness, provided the person is prepared to undergo treatment. 3. Self referral In some instances, employees may seek help and advice themselves. 4. Intervention Managers who feel an employee’s unsatisfactory performance may be drug or alcohol related should advise the General Manager and arrange to hold a meeting with the employee.

5. Treatment Where employees acknowledge that they have a problem and are given help and treatment, this will be on the understanding that: - While they are undergoing treatment, they will be on sick leave and will be

entitled to any paid sick leave entitlements or the option of applying for a period of unpaid sick leave.

- Every effort should be made to ensure that on completion of the recovery program employees are able to return to the same or equivalent work. However where such a return would jeopardise either a satisfactory level of job performance or the employee’s recovery. The Council would request advice from a medical practitioner and if necessary may consider the option of suitable alternative employment, or terminating the employment contract on the grounds of ill health.

6. Relapse Where an employee, having received treatment, suffers a relapse, the Council will consider the case on its individual merits. Medical advice will be sought in an attempt to ascertain how much more treatment/rehabilitation time is likely to be required for a full recovery. At the Council’s discretion, more treatment or rehabilitation time may be given in order to help the employee recover fully. If, after an employee has received treatment, recovery seems unlikely, the Council may be unable to wait for the employee any longer. In such cases, dismissal may result but in most cases a clear warning will be given to the employee beforehand and a full medical investigation will have been undertaken.


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7. Serious misconduct caused by alcohol or drugs Intoxicated employees If an employee is known to be, or strongly suspected of being, intoxicated by alcohol or drugs during working hours, the General Manager will be consulted. Arrangements will be made for the employee to be escorted home and told to return the following day in a fit state for work, the employee will not be paid for the remainder of the working day. In these circumstances the Council may require that the employee concerned is tested by blood, breath or swab testing for alcohol or drugs. Disciplinary action will take place when the employee presents in a fit state to work. Consumption of alcohol on the premises Alcohol must not be brought on to Council premises, unless approval has been given by the General Manager and this would only occur in special circumstances such as approved Council functions.

Drug abuse on the premises Employees who take drugs which have not been prescribed by a medical practitioner, in the absence of mitigating circumstances, be deemed to be committing an act of gross misconduct and will thus render themselves likely to be summarily dismissed as will any employee believed to be buying or selling drugs, or in possession of unlawful drugs.

8. Awareness All staff are encouraged not to cover up for an employee with an alcohol or drug problem, to do so would compromise the safety of the employee concerned and those around them. Employees who have an alcohol or drug problem can seek confidential assistance from their manager, or from the General Manager, who will assist the employee getting the support and guidance to overcome the addiction.

Related Legislation, Regulations and Policies Workplace Health and Safety Act 1995 Workplace Health and Safety Regulations 1998 Municipal Officers (Tasmania) Award 2002 Municipal Employees (Country Councils Tasmania) Award 2003 Local Government (Community Services) Tasmania Award 2002 Responsibility The responsibility for ensuring that this policy is adhered to is the responsibility of all staff. The General Manager is to ensure that the policy is adhered to.


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SUBJECT: FLINDERS PERSONAL PROTECTIVE EQUIPMENT (PPE) POLICY

FILE NO: ADM/0900

ADOPTED BY COUNCIL ON: 15 March 2007 MINUTE NO: 121.03.07 AMENDED BY COUNCIL ON: 23 September 2010 MINUTE NO: 294.09.10 Introduction Many employees of Council are exposed to danger within their daily work practices. These situations cannot be avoided but Council must ensure that necessary steps are taken to reduce any risk to its employees. Objectives Council needs to protect its employees from the dangers of exposure to risk from many sources. Procedure Flinders Council will provide Personal Protective Equipment that complies with the relevant Australian Standards, in an effort to reduce the risk of injury and or illness to its team members. Subcontractors are required to provide their own PPE and it must meet our requirements. Team members and subcontractors are required to wear the PPE under the conditions set out in this policy. Team members are required to look after and maintain their PPE.

• Safety footwear will be provided, that meets good ankle support and maximum protection from slipping, and other hazards. These must be worn at all times.

• High visibility safety vests or shirts must be worn at all times.

• Safety helmets may be required to be worn in certain areas.

• To minimise the effects of sunburn, staff are required to wear shirts with sleeves and collars in line with current policy.

• Singlets and the wearing of vests without a shirt are not acceptable. Sunscreen will be supplied, and team members are encouraged to use sunscreen on exposed parts of the body.

• Anyone who has to operate a chainsaw is required to wear eye protection, hearing protection and leg protection.

• Anyone undertaking spraying works is required to wear spray suits as well as the other PPE mentioned in the Material Safety Data Sheet (MSDS).

• Hearing protection is required whenever a person is exposed to noise levels of 85 decibels or above.

• Gloves are to be worn where there is a risk of injury to the hands.

• Safety glasses are to be worn when there is an identified risk of eye injury.

• Where required, staff and subcontractors will be provided with training on the correct fitting and use of PPE.


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• Staff and subcontractors are required to comply with the PPE signs displayed at any work site or on any item of equipment or plant. Staff and subcontractors are required to wear any additional PPE requested by Council’s clients.

• No PPE means no start. Replacement PPE is readily available upon request.

Related Legislation, Regulations and Policies - Nil Responsibilities The responsibility of this policy rests with the Risk Management Officer, the Works & Services Manager, the Aerodrome Operations Supervisor and the NRM Officer


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SUBJECT: REHABILITATION POLICY

FILE NO: PER/0500


AMENDED BY COUNCIL ON: MINUTE NO: Introduction Council is committed to preventing illness and injuries at the workplace by providing a safe and healthy working environment for all our employees. It is recognised that injury or illness may still occur and therefore all incidents will be reviewed and steps will be taken to prevent recurrence. Objectives Council believes that occupational rehabilitation is of benefit to everyone and should commence as soon as possible following injury or illness. Furthermore, no person being rehabilitated will suffer financial loss or be prejudiced in any way. Early reporting of injury and illness is encouraged. Ensure access to good first-aid and high quality medical care. Identification 1. Injury at Work Where there has been a work-related injury or illness, to manage the process of rehabilitation to ensure the early and safe return to meaningful and productive work by:

• ensuring that a return to work as soon as possible is a normal expectation; • ensuring early access to rehabilitation services for all who need them; • consulting with employees and, where applicable, an employee’s

representative, to ensure that the rehabilitation program operates smoothly and effectively; and

• informing employees of their rights in relation to a workers’ compensation claim, including the choice of doctor.

The objectives of Council’s Rehabilitation Program are:

• To assist with an early and safe return to meaningful and productive work following illness or injury;

• To establish that rehabilitation is the usual course of action and should begin at the time when treatment first started; and

• To integrate the injured or ill person successfully back into the workplace, and will include these essential components:

a. All employees will be encouraged to return to full employment as soon as practicable following injury or illness.

b. Where possible, employees will be returned to their usual work or some alternate work within their capacity.

c. Restricted hours of work may be available for those employees who are unable to perform a full day’s duties.


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• Where no suitable work can be found, Council will provide for the early referral to a rehabilitation unit.

• The injured or ill person always retains the right to receive treatment from whosoever they wish.

• No person will be returned to a job which will potentially aggravate the work-related injury or condition.

• Adequate training for such alternative duties will be given and safe working practices followed.

2. Procedures for Occupational Rehabilitation 2.1 Notification

Work related injury or illness shall be reported through completion of the appropriate forms. (Accident report forms and Workers Compensation Claim forms)

2.2 Recovery and Return to Work

Where appropriate, Council will arrange for a suitable person (e.g. occupational physician, medical officer of health, rehabilitation coordinator, physiotherapist) to assist the worker in the return to work process, following consultation with the treating doctor.

2.3 Consultation

Consultation will take place between the employer, the injured worker and the treating doctor when developing a return to work plan.

2.4 Disputes

Rehabilitation disputes which cannot be resolved by mediation in the workplace, may be referred to the Rehabilitation and Compensation Tribunal.

2.5 Confidentiality The confidentially of the rehabilitation records shall be maintained.

3. Rehabilitation Procedures 3.1 Return to Work

Council will hold the same job open for the injured worker for a period of 12 months, except if the job no longer exists or where it is not reasonably practicable to make that employment available.

Council will prepare a return to work plan for any employee who is incapacitated for more than 14 days. This plan will be completed in consultation with the injured worker and within five days of the 14 day limit being reached.

A programme for graduated return to work will be established to meet the individual needs of the injured employee:


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Council’s rehabilitation provider will liaise with the treating medical practitioner and therapists to establish a suitable rehabilitation programme with short and long term goals. It will be ensured that employees and their supervisors understand any work restrictions and physical limitations and to whom problems should be reported. Appropriate training will be provided for any alternate duties that are unfamiliar to the employee.

3.2 Alternate Duties

Council will provide suitable alternative duties for a period of up to 12 months where there is reasonable expectation that the injured employee will thereafter be able to return to their former or equivalent occupation, except where it is not reasonably practical to provide such work, or no such meaningful work exists. Specific tasks will be allocated on a short term basis and duties will incorporate regular upgrading of activities together with a timetable for monitoring progress.

The duties will be meaningful and contribute to production and task variety. Alternate duties will take into consideration the workers skills, experience, age and status. The treating doctor, injured staff member and other relevant persons will be part of the decision making process for identifying alternate duties. If alternate duties do not result in the expected goal, then other options will be explored including redeployment or re-training

3.3 Counselling

All injured employees will be counselled on their return to work. This counselling will include a review of causes of the accident or injury and the preventative actions that are necessary to prevent a re-occurrence.

The employee’s manager will undertake the counselling in the first instance. Depending of the nature and severity of the accident or illness, or where a return to work plan has been implemented, the counselling may be undertaken with the assistance of the rehabilitation provider or the General Manager.

Related Legislation, Regulations and Policies Workers Rehabilitation and Compensation Act 1988 Workplace Health & Safety Act 1995 Workplace Health and Safety Regulations 1998 Occupational, Health & Safety Policy Responsibilities It is the responsibility of management to ensure this policy is applied consistently and fairly.


Objective / Purpose

This Policy is to define the principles for the implementation and associated responsibilities of a comprehensive Risk Management Framework and System within Flinders Council.

Flinders Council recognises that it has the responsibility to reasonably identify and address all significant threats and opportunities associated with:

1. Business Continuity and Business Systems

2. Environment

3. Finance and Economic

4. Health and Safety

5. Infrastructure and Assets

6. Legal Compliance and Liability

7. Political

8. Reputation

9. Strategy and Governance Staff

Scope

Council recognises that risk management is essential for sound strategic and financial planning and management. Apart from minimising financial loss and adverse publicity, risk management must balance legal requirements and public expectations, together with providing for the safety and wellbeing of Workers and the community in general.

This Policy applies to the Mayor and Councillors, Managers, Workers and Representatives of Flinders Council. They are responsible for the identification and management of risks associated with the performance of Council functions and the delivery of Council services. Statement of Commitment

So far as is reasonably practicable, Council will endeavour to reasonably protect the organisation, its workers and the community against loss through the application of

SUBJECT: RISK MANAGEMENT POLICY FILE NO: FIN/1003



AMENDED BY COUNCIL ON : 25 August 2005 MINUTE NO: 486.08.05

AMENDED BY COUNCIL ON : 20th August 2009 MINUTE NO: 307.08.09



AMEDNED BY COUNCIL ON: 15 May 2014 MINUTE NO: 804.05.2014


sound management principles and practices to minimise exposure to risks and adverse impacts on corporate objectives.

This Policy in conjunction with the Risk Management Framework defines the responsibilities of those involved in the process of managing risk. Flinders Council’s commitment to risk management is agreed by the Mayor and Councillors, Managers, Workers and Committees engaged in Council business.

Flinders Council is committed to managing its risks by identifying, analysing, evaluating, treating, monitoring and communicating risks that impact on Council’s ability to achieve its vision and strategic objectives.

The objectives for Risk Management at Flinders Council are:

Identify and analyse Council’s liability associated with risk;

Encourage the identification and reporting of potential risks;

Minimise any potential liabilities;

Protect the community against losses that are controllable by Council;

Reduce the cost of insurance premiums;

Provide a basis for higher standards of accountability;

Allow for more effective allocation and use of resources;

Set performance standards and regular review and improve practices and procedures;

To promote and raise the awareness of risk management practices throughout the organisation;

Protect Councils’ corporate image as a professional, responsible and ethical organisation.

Integrate sound risk management practices and procedures into Council’s strategic and operational planning processes;

The Risk Management approach is effectively supported by consultation and communication at all levels;

Remedial actions identified as a result of incident investigations are documented, implemented and communicated effectively to prevent recurrence;

Appropriate risk treatment strategies will be included in organisational procedures and processes needed to assist Council in achieving its' business outcomes. These strategies will be in accordance with relevant standards, codes of practice and appropriate legislative guidelines;

All Workers with specific risk management responsibilities are aware of and effectively exercise those responsibilities. Responsibilities are documented in Position Descriptions;

The Mayor and Councillors, Workers, Committees, Lease Holders and the public cooperate to create a safe environment and preserve assets for the future;

Information, training and supervision on risk management are provided to all Workers, Councillors, Lease Holders and Committees; and

The Risk Management Framework and associated processes and tools are documented, recorded and reviewed on a regular basis to ensure on going suitability to the organisation’s needs.


Stakeholders

Stakeholders may include but are not limited to: All Workers, Councillors, Committees, General Community, Visitors, Lease Holders, Interested Parties.

Communication

Updates and improvements to policies, procedures and associated risk tools must be communicated to relevant audiences to ensure they understand the current risk methods.

Legislation and Related Documents

AS/NZS ISO 31000 Risk Management

Work Health and Safety Act 2012

Work Health and Safety (Transitional and Consequential Provisions) Act 2012

Work Health and Safety Regulations 2012

Work Health and Safety (Transitional) Regulations 2012

Flinders Council Risk Management Framework

Flinders Council Risk Register

Flinders Council OH&S Policy

Quarterly Reporting Template

Definitions

A person is a Worker if the person carries out work in any capacity for a person

conducting a business or undertaking, including work as –

(a) an employee; or

(b) a contractor or subcontractor; or

(c) an employee of a contractor or subcontractor; or

(d) an employee of a labour hire company who has been assigned to work in

the person's business or undertaking; or

(e) an outworker; or

(f) an apprentice or trainee; or

(g) a student gaining work experience; or

(h) a volunteer; or

(i) a person of a prescribed class.

(Work Health & Safety Act 2012)

Responsibilities

The Risk Management Policy is the responsibility of the General Manager, with assistance from the Safety and Risk Management Officer.

This Policy shall be reviewed every two years by the Safety and Risk Management

Officer, the General Manager and the Senior Management Team to ensure its

continued suitability and effectiveness against the requirements of AS/NZS ISO

31000:2009 and Council’s Risk Management Framework.


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SUBJECT: SMOKE FREE ENVIRONMENT

FILE NO: PER/0500




Introduction This policy is to ensure that Council buildings, property and vehicles will be smoke free. Objectives To keep these Council buildings, property and vehicles as smoke free zones Procedures Smoking is prohibited in the following Council areas: • Council vehicles, trucks and plant; • Council garages, workshops, depots; • Refuse site sheds/buildings • Storage areas; • Lunch rooms and toilets; • Council offices; • Flinders Art and Entertainment Centre • Lady Barron Hall • W G Holloway Park Building • Emita (Furneaux) Hall • Flinders Island airport terminal building and outbuildings • Flinders Island Showgrounds buildings

The enforcement of the smoke free working environment is the responsibility of the General Manager or his/her nominee, or in the case of a Council or committee meeting, the Chairperson of the committee. Related Legislation, Regulations and Policies Workplace Health & Safety Act 1995 Workplace Health & Safety Regulations 1998 Responsibilities The responsibility of this policy rests with the General Manager and the Risk Management Officer.


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SUBJECT: STAFF - SUN PROTECTION

FILE NO: PER/0500




Introduction Sun protection is an important OH&S issue which affects all staff who work out of doors. Objectives Council must ensure that the risk associated with prolonged sun damaged is avoided by taking the necessary precautions. Procedure Council shall provide education to all staff on the risks and protective procedures involved with exposure to UV radiation. The education shall be provided on an annual basis prior to the start of summer. Council shall make available to all staff working outdoors hats, long-sleeved shirts and sunscreen lotion specifically designed for sun protection. Hats and long sleeved shirts must be worn by all staff when working in direct sunlight. Related Legislation, Regulations and Policies NIL Responsibilities The responsibility of this policy rests with the Risk Management Officer


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Introduction Flinders Council is committed to providing a healthy and safe workplace for all its

employees and to compliance with current Work Health and Safety legislation. This

policy is applicable to all employees, contractors, volunteers, and any other persons

who may conduct work for Flinders Council, or be affected by Council’s functions and

work activities.

Objectives Council management aims to provide for our employees and those affected by our

operations:-

• A safe work environment.

• Safe systems of work.

• Safe plant and materials.

• Effective supervision.

• Necessary information and training.

• Consultative environment.

Responsibilities General Manager The General Manager is an Officer of Flinders Council with overall accountability for

risk management and providing a healthy and safe workplace by ensuring:-

• Adequate resources are provided to meet Work Health and Safety objectives;

SUBJECT: WORKPLACE HEALTH & SAFETY POLICY

FILE NO: LEG/0700 FIN/1003

ADOPTED BY COUNCIL ON: 12 December 1996 MINUTE NO: 277.12.96







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• Council’s Safe Systems of Work are actively managed and reviewed; and

• That the Workplace Health and Safety Policy is reviewed every two years to

ensure it remains accurate and current with legislative requirements.

OH&S and Risk Management Committee Is responsible for:-

• Assisting with establishing, monitoring and reviewing Occupational Health &

Safety (OH&S) policies and procedures;

• Facilitating the dissemination of OH&S information;

• Monitoring workplace incidents and accidents, participating in investigations as

required and recommending control measures;

• Recommending new procedures or amendments to existing procedures;

• Review and monitoring of Flinders Council’s Safety Management System and

risk management performance;

• Review and implementation of recommendations and outcomes from Risk

Management Audits;

• Assisting with identification of OH&S training needs;

• Being actively involved in the consultative mechanism for the resolution of OH&S

issues; and

• Making OH&S and Risk Management recommendations to Flinders Council as

required.

Managers/Supervisors Managers/Supervisors will be held accountable for their areas of control to ensure

that:-

• Relevant health and safety policies and procedures are effectively implemented;

• All risks to health and safety are identified, assessed and effectively controlled;

• The effectiveness of risk control measures are regularly monitored and deviations

from standards are reported and rectified;

• Employees under their control are provided with the necessary information,

instruction and training to effectively and safely carry out their jobs;


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• Employees are consulted on any proposals for or changes to the workplace, work

practices, policies or procedures that may affect the their health and safety; and

• All incidents within their area of control are reported and investigated, and basic

cause and control strategies are identified and implemented.

Employees are responsible for:- • Ensuring their own personal health and safety, and that of any others that may be

affected by their work activities;

• Working within the framework of Flinders Council’s Safety Management System;

adhering to all related policies and procedures; and

• Complying with any reasonable directions given by management that relates to

workplace health and safety.

We expect contractors, visitors and volunteers to:- • Ensure their own personal health and safety, and that of any others that may be

affected by their work activities;

• Work within the framework of Flinders Council’s Safety Management System;

adhering to all related policies and procedures; and

• Complying with any reasonable directions given by management that relates to

health and safety.

•

• Responsibility for Workplace Health & Safety rests with every person who is to

conduct work on behalf of Flinders Council.

Legislation and Related Documents Work Health and Safety Act 2012 (Tasmania)

Work Health and Safety Regulations 2012 (Tasmania)

Dangerous Goods Act 1998 (Tasmania)

Dangerous Goods (General) Regulations 1998 (Tasmania)

Workers' Rehabilitation and Compensation Act 1998 (Tasmania)

Risk Management Policy

Smoke Free Environment Policy


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Staff - Sun Protection Policy

Personal Protective Equipment Policy

Anti-Discrimination, Harassment and Bullying Grievance Policy

Anti-Discrimination, Harassment and Bullying Grievance Procedure

The responsibility for this Policy rests with the Flinders Council’s General Manager

and the OH&S and Risk Management Officer.