minutes ordinary meeting of council...9.1 letter received from emma kealy - 9 warracknabeal...

MINUTES Ordinary Meeting of Council ______________________________________ 9:30am Wednesday 28 August 2019 VENUE: Council Chambers Yarriambiack Shire Council 34 Lyle Street, Warracknabeal Vic 3393 NEXT MEETING: Wednesday 25 September 2019 Copies of the Yarriambiack Shire Council’s Agendas & Minutes can be obtained online at http://www.yarriambiack.vic.gov.au

http://www.yarriambiack.vic.gov.au/

YARRIAMBIACK SHIRE COUNCIL

COUNCIL MEETING MINUTES 28 AUGUST 2019

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OUR VISION: In consultation with our community, Yarriambiack Shire Council aims to provide a viable, sustainable and vibrant future. OUR VALUES: Customer Service • treat our customers with courtesy and respect; • lead and develop leadership within our community; • constantly strive to improve our services; • forge closer relationships with customers; • investigate matters thoroughly and objectively and keep our customers informed, in plain language, about the process and outcome; • treat people fairly, with respect and have proper regard for their rights; • make decisions lawfully, fairly, impartially and in the public interest; • we are honest, trustworthy, reliable, transparent and accountable in our dealings; • we are careful, conscientious and diligent; • use public resources economically and efficiently; and • actively pursue positive outcomes for the community. CONTINUOUS IMPROVEMENT: Continuous Improvement We drive continuous and sustainable improvement in service provision, operational efficiency and stakeholder relations to create a leading organisation.

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Item No Precis Page 1 WELCOME 4

2 ACKNOWLEDGEMENT & PRAYER 4

3 PRESENT 4

4 APOLOGIES or REQUEST FOR LEAVE OF ABSENCE 4

5 CONFIRMATION OF MINUTES 5

6 DECLARATION OF CONFLICT OF INTEREST 7

7 BUSINESS ARISING 8

7.1 Ongoing and Pending Action List 8

8 PETITIONS 8

9 CORRESPONDENCE 8

9.1 Letter received from Emma Kealy - 9 Warracknabeal Education Precinct 9.2 Letter received from Emma Kealy regarding the 12 Wimmera Regional Library Corporation.

10 ASSEMBLY OF COUNCILLORS 13

10.1 Agenda Council Forum 24/07/2019 14 10.2 Agenda Council Forum 14/08/2019 15

11 SPECIAL COMMITTEES 16

12 ACTIVITY REPORTS 16

12.1 Mayor’s Report 16 12.2 Councillor’s Reports 17 12.3 Chief Executive Officer Report 19 12.4 General Manager of Infrastructure and Planning 20 12.5 General Manager of Community Development Report 22 12.6 Permits issued by Council 28

13 REPORTS FOR DECISION 29

13.1 Capital Works Program 2019/2020 29 13.2 Election Period Policy 37 13.3 CEO Employment and Remuneration Policy 48 13.4 Share Grant Policy and Guidelines / Grant Management 61 Policy and Guidelines 13.5 Building Amendment (Swimming Pool and Spa) 87 Regulations 2019

14 OTHER BUSINESS 105

15 REPORTS FOR DECISION – CLOSED SESSION 106 15.1 Annual Performance Review of CEO 106



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1 WELCOME 2 ACKNOWLEDGEMENT & PRAYER

Cr G Massey opened the meeting at 9:30am by acknowledging the Indigenous Community and offering the opening prayer.

Acknowledging Traditional Owners ‘I would like to acknowledge that this meeting is being held on the traditional lands of the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk people, and I pay respects to their Elders, both past, present and emerging’

Prayer

Almighty God, without whom no Council can stand nor anything prosper we ask that you be present and guide us in our deliberations today. We pray that we will be fair in our judgements and wise in our actions and that decisions will be made with goodwill and a clear conscience for the betterment and welfare of the people of Yarriambiack Shire.

Amen

3 PRESENT

Mayor G Massey, Cr H Ballentine, Cr K Zanker, Cr T Hamilton, Cr S Roberts, Cr C Heintze, Cr J Wise, J Holmes (Chief Executive Officer), J Turner (Manager Asset Operations), A McFarlane (general Manager Corporate Services), G Blinman (General Manager Community Development), B Schilling (HR, Governance & Service Coordinator)

4 APOLOGIES or REQUEST FOR LEAVE OF ABSENCE

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5 CONFIRMATION OF MINUTES

Minutes of the Ordinary Council Meeting of 24 July 2019. The following items were considered at the ordinary Council Meeting held on Wednesday 24 July 2019 at 9:30am

13.1 Finance Report Recommendation: The Finance Report as at June 2019 be received. CARRIED

13.2 Revenue Report Recommendation: The Revenue Report as at July 2019 be received. CARRIED

13.3 Capital Works program 30 June 2019 Recommendation: The Capital Works Report as at June 30 2019 be received. CARRIED

13.4 Lease of Property from Victorian Rail Track Railway Lot 42 Hopetoun Recommendation: That Council Sign and Seal the Heads of Agreement for the lease and, the actual Lease Agreement as proposed. CARRIED

13.5 Child Safe Standards Recommendation: That Council adopt the;

a) Child Safe Policy and Statement of Commitment;

b) Child Safe Code of Conduct that will be incorporated into the Staff Code of Conduct;

and approve the Website Declaration that outlines Yarriambiack Shire Councils declaration of commitment for the Child Safe standards. CARRIED

13.6 Risk Management Framework and Policy, Strategy Recommendation: Council adopt the Framework, Policy, and Strategy as presented. CARRIED

13.7 2019 Asset Management Implementation Recommendation: That Council adopt the Asset Management Implementation Strategy. CARRIED

13.8 Audit and Risk Committee Charter Recommendation: That Council adopt the Audit and Risk Committee Charter.

CARRIED

13.9 Local Government Act Submission Recommendation: That Council endorse the Local Government Act Reforms Submission. CARRIED

13.10 Wimmera Integrated Relief and Recovery Plan 2017-2020 Recommendation: The recommendation is that council adopts the Wimmera Integrated Relief and Recovery plan 2017-2020.

CARRIED



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13.11 Draft Meeting Local Law Recommendation: That Council: 1. Commence the statutory process in accordance with Part 5 of the Local Government Act 1989 to make the Meeting Procedure Local Law 2019.

2. Endorse the Draft Meeting Procedure Local Law 2019 and Community Impact Statement for the purpose of community consultation and invite submissions under section 223 of the Local Government Act to be received at the Council Office no later than 5:00pm on Wednesday, 28 August 2019.

3. Provide any person who has requested to appear in person to be heard in support of their submissions with reasonable notice. That Council will meet for this purpose on Wednesday, 11 September 2019 during its Council Forum; prior to making a decision and adopting the new Meeting Procedures Local Law 2019 at its Ordinary Meeting of Council on Wednesday, 25 September 2019.

4. Provide access and inspection of the proposed Local Law and Community Impact Statement from the Council Office, 34 Lyle Street, Warracknabeal during office hours and on Council’s website: www.yarriambiack.vic.gov.au

CARRIED

13.12 Planning Scheme Amendment C22yari - Murtoa Corrections Amendment Recommendation: That Council: 1. adopts Amendment C022yari to the Yarriambiack Planning Scheme for the rezoning of 51 Lake Street, Murtoa - PUZ 3 (Health) to Township; 53 Lake Street, Murtoa - PUZ 6 (Local Government) to Township; and 70 Duncan Street, Murtoa - PUZ 2 (Education) to Township;

2. advise Planning Panels Victoria that a panel will not be required; and

3. submits Amendment C022yari to the Minister for Planning for their consideration.

CARRIED 14.1 Rail Freight Alliance - Campaign

Recommendation: That Council support the Rail Freight Alliance with a $1,000 contribution towards their fighting fund to advocate for:

• The completion of the MBRP to its original scope

• The ownership of the Victorian Rail network to remain in State control and ownership. CARRIED

RECOMMENDATION: That the Minutes of the Ordinary Meeting of Council held on Wednesday 24 July 2019, as circulated, be taken as read and confirmed. Resolution Moved Cr J Wise Seconded Cr T Hamilton

That the recommendation be adopted

Carried 6

http://www.yarriambiack.vic.gov.au/



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6 DECLARATION OF CONFLICT OF INTEREST

Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 direct and indirect conflict of interest must be declared prior to debate on specific items within the agenda; or in writing to the Chief Executive Officer before the meeting. Declaration of indirect interests must also include the classification of the interest (in circumstances where a Councillor has made a Declaration in writing, the classification of the interest must still be declared at the meeting) ie;

a) Direct and indirect Interests; b) Indirect interest by close association; c) Indirect interest that is an indirect financial interest; d) Indirect interest because of conflicting duties; e) Indirect interest because of receipt of an applicable gift; f) Indirect interest as a consequence of becoming an interested party; g) Indirect interest because of an impact on residential amenity.

A Councillor who has declared a conflict of interest, must leave the meeting and remain outside the room while the matter is being considered, or any vote is taken.

Councillors are also encouraged to declare circumstances where there may be a perceived conflict of interest.

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7 BUSINESS ARISING 7.1 Ongoing and Pending Action List Council meeting Recommendation Action Action Taken

24/7/2019 Support the Rail Freight Alliance with a $1,000 contribution towards their fighting fund to advocate for: • The completion of the MBRP to its original scope • The ownership of the Victorian Rail network to remain in State control and ownership

Advised RFA to invoice for our support funding.

24/7/2019 Local Government Bill submission Submitted via LGV 24/7/2019 Meeting Local Law On Public exhibition 24/7/2019 C22yarri Amendment seek approval

from Minister Submitted to the Minster for Approval

8 PETITIONS 9 CORRESPONDENCE

9.1 Letter received from Emma Kealy regarding the Warracknabeal Education Precinct.

9.2 Letter received from Emma Kealy regarding the Wimmera Regional Library Corporation.

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10 ASSEMBLY OF COUNCILLORS

The attached Assembly of Councillors Records are presented as an attachment to the Council agenda for the information of Councillors and recorded at the Council meeting as required under S80A Local Government Act 1989.

RECOMMENDATION: That Council accepts the Assembly of Councillors Records as presented Resolution Moved Cr K Zanker Seconded Cr C Heintze That the recommendation be adopted Carried

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10.1 Agenda Council Forum 24 July 2019 Date: Wednesday, 24 July 2019 Venue: Council Chamber Warracknabeal Time: After Council Meeting Appointments Apologies: Cr H Ballentine, K Zanker

Items for Action Officer Outcome

Ordinary Returns JH Still waiting for the returns for Councillors K Zanker, S Roberts, T Hamilton, H Ballentine.

Grant Management Policy AS Grant Management Guidelines Grant Management Policy Recommended to go to August Meeting

YSC CEO Employment Remuneration Policy

JH

Councillor Election Period Policy

BS

Previous Matters

Next forum meeting 14 August

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10.2 Agenda Council Forum 14 August 2019 Date: Wednesday, 14 August 2019 Venue: Council Chamber Warracknabeal Time: 9:30 Appointments Apologies:

Items for Action Officer Outcome


BS

IT Computers for Councillors ME Lesson with Matt (DWM) for Councillors to use new computers.

Community Consultations JH Dates have been set for Murtoa, Brim, Hopetoun, Beulah, Rupanyup, Minyip, Woomelang, Lubeck. W’Beal still to be decided.

SKM Recycling Update BN

CEO Annual Review GM

New Swimming Pool Regulations

JM

Previous Matters

Next forum meeting 28 August after Council Meeting

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11 SPECIAL COMMITTEES Nil 12 ACTIVITY REPORTS 12.1 Mayor’s Report – Prepared by Graeme Massey

24 July Conducted Citizenship Ceremony for 3 residents of Yarriambiack Shire

Attended Joint School Council Meeting at Warracknabeal Primary

School

26 July Attended Fine Arts Photography Exhibition at Murtoa’s Stick Shed

1 August Attended Speed Field Days

7 August Met with Ian Marshman and shire staff regarding IGA fire at Beulah Attended Murtoa Community Consultation Meeting

12 August Chaired Warracknabeal Senior Citizens AGM

13 August With Cr Jean Wise, met with Volunteers regarding future staffing of Warracknabeal Information Centre

Chaired WAG AGM

14 August Attended Council Forum

22 August Opened Youth Summit at Warracknabeal Town Hall

23 August Attended Brim Community Meeting

23 August Attended Mayors Meeting at Hindmarsh

26 August Attended Citizenship Ceremony at Hopetoun

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12.2 Councillor’s Reports Cr H Ballentine Leave of absence

Cr K Zanker

31 July Attended Speed Field Days

4 August Attended the Energy Break Thru event in Dimboola


19 August Attended Rural Financial Counselling Services Finance Meeting

21 August Attended Yarriambiack Youth Action Council Meeting

22 August Attended Yarriambiack Youth Summit Cr T Hamilton

30 July Attended Murtoa Pool Committee AGM in Murtoa

31 July Attended Speed Field Days in Speed

1 August Attended Stick Shed Committee Meeting in Murtoa

12 August Attended Rupanyup Consultative Committee Meeting in Rupanyup

13 August Attended WDA Board Meeting in Horsham Attended Murtoa Big Weekend Meeting in Murtoa

14 August Attended Council Forum Cr S Roberts

31 July Attended Speed Field Days

5 August Attended Wimmera Mallee Recreational lakes Alliance

7 August Attended Murtoa Community Consultation Meeting

12 August Attended Neighbourhood House Meeting


26 August Attended Citizenship Ceremony in Hopetoun

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Cr C Heintze

24 July Attended Minyip Primary School SRC Meeting Re Oval Plans

26 July Attended WSMTG Meeting in Horsham

23 July Attended Minyip Health Service (WWHS) Open Day


2 August Phone Conference with Governance Evaluator GCWWRRC

9 August Phone Conference with EO review GCWWRRC


22 August Attended Youth Summit in Warracknabeal

26 August Attended Citizenship Ceremony in Hopetoun Cr Jean Wise

25 July Attended Volunteer Driver Thank you Luncheon in Warracknabeal

26 – 28 July Attended Councillor Development Weekend in Ballarat


7 August Attended Murtoa Community Consultation

13 August Attended Tourist Information Meeting - Forming of Committee


15 August Attended Yarriambiack PCG Early Years Meeting

16 August Attended Wimmera Regional Library Board Meeting

22 August Attended Youth Summit in Warracknabeal

23 August Attended Brim Community Engagement Meeting

26 August Attended Citizenship Ceremony in Hopetoun

27 August Attended Tourist Information Meeting in Warracknabeal

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12.3 CEO’s Report – Prepared by Jessie Holmes 29 July – 13 August Annual Leave 14 August Council Forum 15 August By5 Project Control Group meeting – Yarriambiack 16 August Met with RDV Regional Director 19 August Met with WRLC CEO

Met with Yarrilinks EO 22 August Wimmera CEO Meeting 27 August Attended Seniors Forum

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12.4 General Manager of Infrastructure & Planning – Prepared by James Magee Restoration of Dunmunkle Creek bed within Rupanyup The restoration of the disused reservoirs is beginning to roll out with the Wimmera Catchment Management Authority (WCMA) having ordered the vegetation for the project. Walking track layout design and procurement of the works will be advanced in coming months. This type of work will be carried out over summer. Flood Gauge Cost Share Review All Government agencies in the local area have been providing input to a costing review of automatic flood gauges in the Grampians catchment area. A meeting of interested parties occurred on 29 July and the presentation has been distributed to Councillors. Currently the Yarriambiack Shire does not contribute to flood gauge costs as they are maintained by various State Government Authorities. Feedback during the meeting was taken into account and a final report will be presented during the next month. Dunmunkle Creek Further work has been done on possibilities around drainage in the northern precinct of the Dunmunkle Creek. The WCMA have coordinated the work. Over the coming months Council will need to review the documents and have input on the processes required. Community consultation will then be undertaken.

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Caravan Park Occupancy - July 2019

State

Warracknabeal

Hopetoun

Murtoa

VIC 65 55 17 WA 0 0 3 TAS 1 2 4 SA 28 6 12

QLD 7 10 6 NT 0 0 0

NSW 12 22 2 ACT 0 0 0

International 0 0 0 Permanents 4 N/A N/A

TOTAL 117 95 44 Caravan Park Occupancy Comparison - July 2018

State

Warracknabeal

Hopetoun

Murtoa

VIC 172 90 63

NSW 1 10 2

WA 1 10 0

QLD 5 66 1

SA 29 14 8

NT 0 2 0

ACT 0 0 0

TAS 3 4 1

International 0 0 0

Permanents 10 N/A N/A

TOTAL 221 186 75

Warracknabeal Regional Livestock Exchange Sales figures July 31st – 2230 Aug 14th - 2276

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12.5 General Manager Community Services & Development - Gavin Blinman Environmental Health/ Local Laws - prepared by Tim Rose and Craig Byron Food premises inspections are currently being undertaken across the Shire. High to medium risk businesses will be the focus of the inspection program over coming months. Staff absence and inspection software issues have resulted in delays to normal progress of mandatory inspections; however it is anticipated to be corrected by the end of the year. Council has also conducted two preliminary inspections, upon request, in relation to new potential food businesses in our municipality. Council owned caravan park hydrants and hose reels have been officially tested for compliance with legislation. The data from the results is currently being processed. These requirements are the most intensive part of the registration process and once completed, it is hoped to have certificates issued as soon as possible. Council’s EHO and Local Laws Officer attended a General Enforcement Workshop in Horsham. The course provided training from Maddock’s regarding all aspects of enforcement including authorisations, entry powers, gathering evidence and giving evidence before a Court. Council received two environmental complaints that have the potential to impact on public health. One complaint was addressed immediately and resolved, while Council is currently awaiting feedback on the remaining complaint before any action can take place. 25 Infringements for Failing to Renew Animal Registrations have been sent out to animal owners; Council was left with no choice but to issue these infringements as two reminder notices have already been sent previously. It is a $330 fine for failing to register or renew registration of a dog or cat with Council. Have had 7 dogs Impounded and 1 Cat. One of the dogs were surrendered and another dog found on a property near Warracknabeal but not claimed by anyone, has since been rehomed. Four dogs were reclaimed and one was unregistered. The cat was reclaimed after the owner registered it. Cat Cages have been in demand especially in Minyip, Murtoa and Warracknabeal; with a number of stray and feral cats being caught. Cat owners are reminded that they should ensure their cats are kept secure at their owner’s properties especially at night. They should also be registered with Council.

Maternal and Child Health Report Prepared by Nanette Freckelton. To date this financial year: 7 birth notices Appointments generally well attended, flexibility to appointment days provided when needed Accessed St Kilda’s mums group for resources twice in the last month. Immunisation clinics – no concerns, regular immunisation schedule followed, as well as catch ups for individual children and flu vaccines provided, Melissa’s attendance is well received at Warracknabeal clinic Secondary school immunisations scheduled for October



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Early years Coordinator prepared by Glenda Hewitt August has been a month of professional Appraisals, which has provided me with some time to review staff the past twelve months in their positions and set goals for professional enhancement in the ensuing twelve months. Overall I am noticing a concerning trend with teachers in particular who are feeling overwhelmed at the significant increase in professional learning that they are having to undertake – particularly in relation to the School readiness funding that has been made available this year. Whilst the opportunities provided are excellent, managing time and travel commitments in excess of their position role requirements is proving challenging and tiring for staff members and consequently staff wellbeing is an important consideration for me. Enrolments for both three and four year old Kindergarten across the Shire have been advertised and current confirmed enrolment numbers for each service are as follow. We do expect these to change a little especially in Warracknabeal. SERVICE 2020 4 Year old enrolments 2020 3 year old enrolments Warracknabeal 27 16 Murtoa 8 3 Minyip 5 6 Hopetoun 11 10 Rupanyup 5 7 Beulah 1 4 Given these enrolment numbers Minyip, Rupanyup and Murtoa will be providing fifteen hours of combined three and four year old Kindergarten in 2020, while Hopetoun/Beulah and Warracknabeal will be looking to provide fifteen hours of four year old Kindergarten and ten hours of three year old Kindergarten in 2020. We are still in the planning stages of how best to deliver the service within each community and consultation will take place with families over September so some clarity of preference can be determined. Whilst we are experiencing pressure from the DET to implement fifteen hours for all three year old children across the Municipality, implications for infrastructure (lack of space in Warracknabeal and Murtoa) and staffing across the municipality are significant and pose issues in the Yarriambiack Council. On a positive note, we have three educators undertaking study to upgrade their qualifications to a Bachelor of Early Childhood Education and four people currently undertaking the Diploma of Early Childhood Education and Care. We were very excited to hear that our current Supported Playgroup leader Kathryn Camilleri has been awarded a scholarship to assist with costs for her study.

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Supported Playgroups prepared by Kathryn Camilleri Warracknabeal: The NEW Warracknabeal group starts Tuesday the 20th of August, I have sent out 17 invitations to new families to attend. I am looking forward to starting a fresh and putting into practice all the things I have learnt from the first group. We have had visits from Rural North West Health (RNWH) and Uniting Wimmera. RNWH sent Anne, team member of the wellbeing team and Sandie from the social team to speak with the families about the services they offer through the roles at the Hospital. Hopetoun: Hopetoun Families are attending playgroup quite regularly with some interest from new families who wish to start attending soon. Rural North West Health (RNWH) are booked in to visit with their social and wellbeing teams to do a similar talk to Warracknabeal on the 21st of August. It will be good to hear what the Hopetoun team presents. Hopetoun have between 4-6 families attending quite regularly. In Home Visits: I don’t have any home visits running currently other than assisting one family to access speech therapy including attending appointments with her and booking arrangements, to make her feel more comfortable to get the help her child needs. Training and other news: I am looking forward to attending the bridges out of poverty 2 day course in Horsham in September, I have heard so much about it. With the low socio economic families that I work with I feel that I would benefit greatly. I have begun part time studies with Charles Sturt University Batchelor of Education birth –five years (Kindergarten Teaching) on-line. Youth Report prepared by Murray McKenzie Facilitator training for the YYAC ran by the Push acting EO at July YYAC Meeting FReeZA Providers meeting Warracknabeal July 18th Yarriambiack Youth Engagement Strategy meeting held July 25th Planning meeting for Summit and Colour run held August 7th Mini Drone sessions started at Murtoa Slaam on 8th August, these will be held every 2 weeks until end of term. Attended PD on Screenagers in Horsham on August 8 Colour Run on Thursday run by the YYAC was very successful with a large turn out and over $170 raised from Gold Coin donations The Yarriambiack Youth Summit ran on August 22nd with around 200 students from the three larger campuses attending. Free Tag and Test Course at Murtoa Slaam on August 30th Free First Aid Course at Warracknabeal YSC on September 6th

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CHSP /HACCPYP Report prepared by Alannah Lehmann Meals on Wheels

Centre Base Meals

Meal Vouchers

CHSP 65+ SERVICE ACTUAL TARGET

Delivered Meals 1,021 1,342 Domestic Assistance 444.77 453 Personal Care 125 191 Maintenance 4 25 Respite 13 35 Assessment Officer Report prepared by Barb Whiteford and Hanna Butuyuyu GENERAL

Referral flow has decreased with CHSP sending through referrals for “Grand Fathered” consumers

Several referrals from MyAged Care created as Duplicate files

WAITLIST 9 with appointment scheduled for clients

ASSESSMENTS COMPLETED Completed:17 Declined: 4 LAHA Assessments:0

REVIEWS COMPLETED Reviews: 25

EDUCATION & TRAINING Provide medication competency training and assessment for Hopetoun Care Staff at

Warracknabeal 16.7.2019 Good Governance Workshop 16.7.2019 Minyip Community Health Centre Open Day MAC Presentation 31.7.2019 Hanna completing Mandatory training on Carers Barb Completed Training Module; Introduction to Victorian Integrated Care modelI

o the Victorian Integrate 25

July 2019 897 Meals July 2018 950 Meals July 2017 807 Meals

July 2019 253 Meals July 2018 397 Meals July 2017 402 Meals

July 2019 256 Vouchers



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MEETINGS

Shared Care Meeting 16.7.2019 Wimmera Assessors meeting 2.7. 2019 Wimmera Partnership Network Meeting 2.7.2019 Meeting with RNH to look at solutions to reduce incidence of MAC duplication of Consumer

Files 9.7.2019

Project Report prepared by Andrea Stepney

Project Description Status Stage % comp W’beal Town Hall Strong Found. Project

Replacement, renew floors, wall & ceiling repair

Project commenced 9/4/19. Project $130k Construction 95

E-Rup Retail Development

Development of Rupanyup Retail Precinct

RDV Milestone 1 completed ($500k grant). Finalising land purchases.

Initiation 90

Warracknabeal Leisure Centre

New court surfaces

SPORTAUS funded. Project commences November 2019. Project value $284K. Tender being prepared.

Initiation 95

Warracknabeal Saleyards Upgrade Project

Major Refurbishment

BBRF funded. Project commences December 2019. Project value $272k. Tender for Structural works closes 23/08/19.

Initiation

95

Warracknabeal Town Hall

Kitchen Upgrade

Full refurbishment of kitchen facility. Awaiting heritage approval Funded by YSC. Budget $90k

Initiation 75

Warracknabeal Leisure Complex

Facility Upgrade - Gym

Scope pending user group consultation. Funded by YSC. Budget $50k for seed funding and schematics user group meeting completed.

Development 50

Drought Projects

Progress

%

Aubrey Hall

New roof and arts project (mural restoration)

Project Value $18k Development 90%

Beulah Memorial Hall

External painting of Hall

Project budget $40K Development 90%

Beulah Swimming Pool

PV solar system for swimming pool

Project Value $17K Development 90%

Beulah Recreation Reserve

Upgrade of catering equipment

New stoves for Reserve kiosk/kitchen $3k Development 90%

Brim Bowls Club Synthetic Surface

New synthetic surface

Project budget $180k. Additional landscape TBA. Total project cost TBA

Development 50%

Hopetoun Gateway BEET

Refurbish and extend Gateway Beet

Project budget $120k. Structure and concrete works. Development 50%

Jung Recreation reserve new playground

Project budget $30k. Designs agreed. Development 50%

Minyip Rec New irrigation to Project budget $85k. Development 50%



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Reserve Irrigation

sports oval Committee funding laser costs. Total project cost TBA

Murtoa various Community projects

Various Project up to $75k

Project budget $75k Development 50%

Patchewollock Visitor Amenities

Upgrade public toilets, solar & shelter to community store

Project budget $50k

Development 50%

Rupanyup Rec Reserve

Upgrade sporting oval lights – Full lighting project

Project budget $150k. Sport & Rec application for $99k pending. Total project cost $242k

Development 90%

Tempy Rec Res Install new playground

Project Budget $40k. Design agreed. Development 90%

Woomelang Mini Silo Art

mural of endangered animals


Yaapeet Reservoir Earthworks


Pipeline

% Murtoa Netball Change Rooms

New change rooms and Netball court

Project reported to SRV for Minor Facilities funding. Committee to develop project & contribution funds

Development 10

Beulah Rec Res Change Rooms

New change rooms & toilets for Football/Netball


Development 10

Murtoa Netball Court

Install additional netball court


Development 10

Beulah Netball Club Pavilion

Upgrade netball facilities


Development 5

Hopetoun Rec Res Lighting Upgrade

New lighting to sports oval


Development 5

Hopetoun Golf Club

New shed for equipment

Sourcing funding. Committee to develop project Development 5

Hopetoun Rec Reserve

Extend sprinkler system

Project reported to SRV for Minor Facilities funding. Committee to develop project

Development 5

Minyip Grandstand

Refurbishment of grandstand

Application to SPORTAUS submitted. Application unsuccessful. Approximate project value $157k

Sourcing grant 0

Assistance Only Warracknabeal Showgrounds

Fencing replacement

FRRR funding application submitted Unsuccessful

Woods Museum Historical Costume Display

Needs funding for climate controlled costume display. Est $50k

Sourcing Grant

Warracknabeal Playgroup

Shared Facilities Project

Funding for Multifunction Children’s Centre Project in Development



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12.6 Permits issued by Council - July Reference No Applicant Date of Issue Building Permits Marcus Burns 31/07/2019 Peter & Sharon Thomson 24/07/2019 Planning Permits Louise Nicholas 09/07/2019 Kate Liersch 04/07/2019 W'Beal Rifle Club 04/07/2019 Septic Tank Permits 0 Local Laws Permits Ranelle Rundell 26/7/2019 Gary George 12/7/2019 Permits to Burn 0 Road Reserve Works Permits

2019-10 Warrack Concrete 8/7/2019 2019-11 Kleinfelder Australia P/L 10/7/2019 2019-13 Cartwheel Exploration P/L 31/7/2019

Asset Protection Permits 2019-11 Kleinfelder Australia P/L 10/7/2019 2019-12 Simon Rigby 24/7/2019

Firewood collection Permits Michael Millar 4/7/2019 Sharon Russell 9/7/2019 Daniel King 5/7/2019 Andrew Baker 19/7/2019 Darrel Martin 18/7/2019 Paul Michael 20/7/2019 RECOMMENDATION: That Council note the permits issued by Council between 01 July and 31 July, 2019. Resolution Moved Cr C Heintze Seconded Cr H Ballentine


Carried

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13 REPORTS FOR DECISION 13.1 Capital Works Program 2019/2020 (August) – Prepared by Joel Turner

Seals - Roads & Streets

Urban Streets

Project Cost % Completed

Start / Completion

Date Comments

Austin St Hopetoun $4,659

Inroads (Contractor) 1 section – 52 metres

Lascelles St – Chiprick Ln

Bowman St Warracknabeal $11,928

Inroads (Contractor) 6 sections – 261 metres in total

Rainbow Rd – Railway Line

Breen St Murtoa $16,376


McClintock St – Gulbin Rd

Cromie St Murtoa $10,464

Inroads (Contractor) 1 section – 202 metres Munro St – Marma St

Cromie St (Median)

Rupanyup $18,919


Start of Parking Area (opp Emmetts) – End of Parking Area

Degenhardt St Murtoa $11,186


Cromie St – McDonald St

Devereux St Warracknabeal $4,211


Kelsall St – Bowman St

Duncan St Warracknabeal $6,552


Kelsall St – End

Edward St Rupanyup $2,842

Inroads (Contractor) 1 section – 58 metres End of Hotmix – End

Foundry St Minyip $9,750


Main St – Change

Gould St Warracknabeal $17,476


Craig Ave – Cox St

Hewitt St Warracknabeal $7,301


Rose St – Gardiner St

MacKenzie St Beulah $1,823

Inroads (Contractor) 1 section – 42 metres Phillips St – Change

McLeod St Minyip $7,406

Inroads (Contractor) 1 section – 108 metres Market St – Petering St



M 28 08 2019.docx

Menin Ave Warracknabeal $6,182


Kokoda Ave – Coral Ave

Molyneaux St Warracknabeal $37,856

Inroads (Contractor) 1 section – 265 metres Lyle St – Woolcock St

Munro St Murtoa $6,993

Inroads (Contractor) 1 section – 111 metres Collins St – Webb St

Phillips St Warracknabeal $17,290

Inroads (Contractor) 1 section – 250 metres Anderson St – Scott St

Seals - Roads & Streets (continued)

Urban Streets (continued)

Project Cost % Completed

Start / Completion

Date Comments

Scott St Warracknabeal $35,078

Inroads (Contractor) 1 section – 232 metres Phillips St – Kelsall St

Taverner St Beulah $16,216


Hopetoun St – Deakin St

Wheatlands Museum Rd

Warracknabeal $15,372


Henty Hwy – Stawell Warracknabeal Rd

Wood St Rupanyup $6,363

Inroads (Contractor) 1 section – 101 metres Cromie St – Stewart St

Wood St Warracknabeal $12,519


Start – Hudgson St

Yarrack Ln Hopetoun $3,969

Inroads (Contractor) 1 section – 81 metres Change – Austin St

Rural Roads

Hopetoun Yaapeet Rd $91,938

Inroads (Contractor) 1.99 kms x 6.6m Seal

Starting 24 kms from Hopetoun Rainbow Rd

Patchewollock Tempy Rd $58,212


Starting 6.4 kms from Sunraysia Hwy

Patchewollock Tempy Rd $71,610


Starting 15 kms from Sunraysia Hwy

Footpaths and Kerb & Channel

Project Cost % Completed Start /

Completion Date

Comments



M 28 08 2019.docx

Werrigar St Warracknabeal $249,750

New Kerbing – 370 metres

Anderson St – Creek

Werrigar St Warracknabeal $66,600

Upgrade path to concrete – 370 metres

Anderson St – Creek

Gravel Shoulder Resheets

Southern Zone


Completion Date

Comments

Ailsa Rd $75,000

1.5 kms Gaulkies Rd – Kranzs Rd

Funding – Roads to Recovery

Minyip Rich Avon Rd $37,500

750 metres Starting 1.5 kms from Watsons Rd

heading east Funding – Roads to Recovery

Sheep Hills Kellalac Rd $100,000

2 kms Starting from Henty Hwy


Northern Zone

Brim East Rd $37,500 750 metres

Starting from Cemetery to McFarlane’s Driveway


Centre Hill Rd $100,000

2 kms Binders Rd – Lascelles East Rd Funding – Roads to Recovery

Galaquil West Rd $75,000

1.5 kms Starting

Collins Rd Funding – Roads to Recovery

Gravel Re-Sheets

Southern Zone


Completion Date

Comments

3LK Rd $30,360 4.8 kms starting 8 kms from Wimmera

Hwy - Gellatlys Rd Funding – Roads to Recovery

Areegra Exchange Rd $81,972

3.2 kms starting 1.6 kms from Borung Hwy – Watchem Warracknabeal Rd Funding – Roads to Recovery

Bryntirion Rd $21,657 1.07 kms starting at Stawell Warracknabeal Rd



M 28 08 2019.docx

Burrum Lawler Rd $40,480

3.25 kms starting 7.8 kms from

Minyip Rich Avon Rd Funding – Roads to Recovery

Childs Rd $22,272 2.5 kms starting at Sheep Hills Minyip Rd

Daveys Rd $22,998 1.01 kms starting

8.7 kms from Donald Murtoa Rd – Yarriambiack Creek

Delahuntys Rd $26,919 1.33 kms starting at Wimmera Hwy

Donald Laen Rd $20,416 1.2 kms starting

1.24 kms from Flett Rd

Gravel Re-Sheets (continued)

Southern Zone (continued)


Completion Date

Comments

Jung Rec Reserve Rd $7,084

350 metres Starting 7.3 kms from

Donald Murtoa Rd

Lawler Rd $64,870 3 segments totalling 3.2 kms

starting 3.6 kms from end of seal Funding – Roads to Recovery

Mellis Rd $27,840 1.5 kms

starting 14.4 kms from Stawell Warracknabeal Rd – Rupanyup Rd

Niewands Rd $26,716 2 segments totalling 1.415 kms

starting 1.6 kms from Minyip Coromby Rd – Church Rd

Nitschke Rd $18,560 1 km starting 1.63 kms from Mellis Rd

Perris Rd $9,280 500 metres

starting from Cannum Five Chain Rd (heading north)

Thompsons Rd $13,549

730 metres Starting 1.9 kms from

Areegra Exchange Rd – Shire Boundary V Matthews

Rd $40,480 2.9 kms starting at Wimmera Hwy

Watchem Carron Rd $48,576

1.92 kms starting 750 metres from Borung Hwy


Northern Zone

Centre Hill Rd $9,030 30% August 420 metres

Starting 11 kms from Hopetoun Sea Lake Rd – Hollands Rd

Cummings Rd $27,606 1.07 kms

starting at Patchewollock Sea Lake Rd – Baring Rd



M 28 08 2019.docx

Daldee Rd $5,939 320 metres

starting 5.11 kms from Long Rd – Cozens Ln

Darts Rd $20,787 1.12 kms starting at Henty Hwy

Ellam Willenabrina

Rd $26,448

1.14 kms Starting 3.35 kms from Warracknabeal

Rainbow Rd – Geodetic Rd

Glenore Rd $17,200 100% July / August

1 km

Goads Rd $19,488 1.05 kms starting at Henty Hwy

Goyura East Rd $21,500

1 km starting 15.57 kms from Henty Hwy –

Shire Boundary Goyura East School Bus

Route $17,200 1 km

starting 14.9 kms from Henty Hwy


Northern Zone (continued)


Completion Date

Comments

Hatcher Anderson Rd $11,524 670 metres

Starting 2.13 kms from Sunraysia Hwy

Hopevale Rd $30,960 1.8 kms

Starting 1.45 kms from Hopetoun Rainbow Rd – Gaalanungah Rd


Kinkora Rd $41,968 2.44 kms

starting 3.59 kms from Windy Ridge Rd – Hogans Rd


Langleys Rd $9,094 490 metres starting at Averys Rd

Lascelles North Rd $57,190 100% August /

August

2.66 kms starting 5.52 kms from Sea Lake Lascelles

Rd – Gama Sea Lake Rd Funding – Roads to Recovery

Lewis Rd $23,942 1.29 kms starting 1.78 kms from Lah Angle Rd

Pearce & Barbary Rd $26,316 1.53 kms

starting at Sunraysia Hwy

Phitzner Eys Rd $34,744


Hopetoun Yaapeet Rd – Glenore Rd Funding – Roads to Recovery

Power Line Rd $16,704 900 metres

starting 4.06 kms from Jeparit Warracknabeal Rd



M 28 08 2019.docx

Quinanes Rd $33,325 1.55 kms

starting 1.31 kms from Patchewollock Tempy Rd – View Point Rd


Rickards Rd $10,836 630 metres starting 5.11 kms from Galaquil East Rd

Rickards Rd $6,880 400 metres

starting 6.87 kms from Galaquil East Rd – Birchip Rainbow Rd

Robins Rd $5,848 30% August / August

340 metres starting from Henty Hwy – end

Rosebery Rainbow Rd $17,845

830 metres starting 28.8 kms from Henty Hwy –

Sluggets Rd

Shearing Shed Rd $9,288

540 metres starting 1.62 kms from Patchewollock

Sea Lake Rd

Turriff East Rd $34,615 1.61 kms

starting 5.77 kms from Sunraysia Hwy – Shearing Shed Rd


Two Mile Rd $25,800 100% August / August

1.5 kms


Northern Zone (continued)


Completion Date

Comments

Windy Ridge Rd $55,470


Henty Hwy Funding – Roads to Recovery

Wirrbibial Rd $23,564 1.37 kms starting at Cambacanya Rd

Yaapeet West Rd $31,992

1.86 kms Starting 2.52 kms from

Yaapeet Kenmare Rd – Lake Albacutya Park

Yarto Speed Rd $22,360

1.3 kms Starting 8.25 kms from

Patchewollock Sea Lake Rd

Rehabs

Southern Zone


Completion Date

Comments

Banyena Pimpinio Rd $483,748

1.5 kms starting V Schultz Rd heading west

Renew 6.6m Seal



M 28 08 2019.docx

Funding - Fixing Country Roads

Burrum North Rd $423,430

1.6 kms starting 1 km from Wimmera Hwy

Renew 4m Seal Funding - Fixing Country Roads

Minyip Dimboola Rd $437,000

1.5 kms starting Huebners Rd – Glovers Rd

Renew 6.6m Seal Funding – Heavy Vehicle Safety

Northern Zone

Yaapeet Kenmare Rd $348,738 10% August

1.6 kms starting 21.5 kms from Cowan St


Hopetoun Yaapeet Rd $385,480

1 km Renew 6.6m Seal

starting Hopevale Rd towards Hopetoun Funding - Fixing Country Roads

Lah West Rd $330,338 1.5 kms

starting Witneys Rd heading east Renew 4m Seal

Funding - Fixing Country Roads

Beyal Rd $342,988

2 kms starting Taylor Rd heading north


Urban Construction

Southern Zone


Completion Date

Comments

Asquith Res Warracknabeal $10,000 60m Cul-d-Sac

Foundry St Minyip $74,750

250 metres End of Seal – Wimmera St

Funding – Roads to Recovery Hamilton / Breen St Murtoa

$24,000 20 metres Intersection

Taylor St Rupanyup $65,750 20% August

255 metres Wood St – Walter St


Grain Corp Warracknabeal $50,000

100 metres Henty Hwy Entrance

Funding – Roads to Recovery Warracknabeal

Aerodrome $20,000 50m Parking area

Northern Zone



M 28 08 2019.docx

Cronomby Tanks Rd

Woomelang $149,500

410 metres in between Hopetoun Sea Lake Rd –

Sunraysia Hwy Funding – Roads to Recovery

Cutya Lane Hopetoun $20,000 Rehabilitate and seal

Lascelles / Hopetoun St

Beulah $12,000 10 metres

Intersection

Yarrack Lane Hopetoun

$20,000 Rehabilitate and seal

Recommendation: The Capital Works Program 2019/2020 (August) be received. Resolution Moved Cr J Wise Seconded Cr T Hamilton That the recommendation be adopted

Carried

36



M 28 08 2019.docx

13.2 Election Period Policy - Prepared by Bernardine Schilling Conflict of Interest The author involved in the preparation of this report has no Conflict of Interest requiring disclosure.

Introduction & Background Section 93B of the Local Government Act 1989 requires all councils to adopt and maintain an Election Period Policy to explain to their communities how they will conduct their business immediately prior to an election period. This policy will ensure council elections are not compromised by inappropriate electioneering by existing councillors; actions and decisions which could be perceived as influencing voters are avoided and the authority of the incoming council is safeguarded.

Purpose and Objectives

This policy provides a framework for Councillors and staff and outlines expected behaviours for the conduct of Council business during the lead-up to the 2020 general election. The policy will ensure that the election is conducted in a transparent and accountable manner; the highest standard of governance is achieved and the statutory requirements of the Local Government Act 1989 (the Act) are met. The policy will achieve greater consistency and rigour in Council procedures and reduce confusion surrounding caretaker arrangements in the 32 days leading up to the conduct of the General Election. These procedures commit Council during the election period to: 1. Avoid making significant new policies or major decisions that could unreasonably bind a

future Council; and

2. Ensure that public resources, including staff resources, are not used in election campaigning or in a way that may improperly influence the result of an election, or improperly advantage existing councillors as candidates in the election.

Recommendation:

That the Councillor Election Period Policy (as tabled) be adopted and be reviewed again in March 2020 prior to the next Election. Resolution Moved Cr H Ballentine Seconded Cr C Heintze


Carried

37

Yarriambiack Shire Council


COUNCILLOR

ELECTION PERIOD

POLICY

This Councillor Election Period Policy was adopted by resolution of the Yarriambiack Shire Council on 28 August 2019.

2

Name Policy: Councillor Election Period Policy / This Document is Uncontrolled when Printed /

Responsible Officer: CEO / Version 0.3 / Issue Date: 28 August 2019 / Next Review 25 March 2020

CONTENTS

Introduction and Background ................................................................. 3 Purpose & Objectives .............................................................................. 3 Definitions ................................................................................................ 4 Major Policy Decisions ............................................................................ 4 Use of Council Provided Resources to Councillors ............................. 5 Prohibition on Council – Section 55D of the Act ................................... 6 Public Consultation ................................................................................. 7 Events ....................................................................................................... 7 Equitable Access to Council Information .............................................. 8 Council Staff Activities during an Election Period ................................ 9 Record Keeping ....................................................................................... 9 Responsibilities ....................................................................................... 9 Election Period Procedure ...................................................................... 9 Operations ................................................................................................. 9

Background .............................................................................................. 10

Process .................................................................................................... 10

References.............................................................................................. 10

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Introduction & Background

Section 93B of the Local Government Act 1989 requires all councils to adopt and maintain an Election Period Policy to explain to their communities how they will conduct their business immediately prior to an election period. This policy will ensure council elections are not compromised by inappropriate electioneering by existing councillors; actions and decisions which could be perceived as influencing voters are avoided and the authority of the incoming council is safeguarded.

Purpose and Objectives

This policy provides a framework for Councillors and staff and outlines expected behaviours for the conduct of Council business during the lead-up to the 2020 general election. The policy will ensure that the election is conducted in a transparent and accountable manner; the highest standard of governance is achieved and the statutory requirements of the Local Government Act 1989 (the Act) are met. The policy will achieve greater consistency and rigour in Council procedures and reduce ambiguity and confusion surrounding caretaker arrangements in the 32 days leading up to the conduct of the General Election. This policy applies to individual Councillors, the Council as a Body Corporate, Special Committees of the Council, the Chief Executive Officer, General Managers, all Council staff and any person acting on behalf of the organisation under a delegation. Council is committed to: -

1. Avoiding making significant new policies or major decisions that could unreasonably bind a future Council;

2. Ensuring that public resources, including staff resources, are not used in election campaigning or in a way that may improperly influence the result of an election, or improperly advantage existing Councillors as candidates in the election;

3. Ensuring that the ordinary business of Local Government in Yarriambiack continues throughout an election period in a responsible and transparent manner and in accordance with statutory requirements and established caretaker conventions;

4. Ensuring that the ongoing ordinary business of Council is kept separate from Councillors activities which relate to the election;

5. Ensuring that in the lead-up to an election, Council does not make decisions which inappropriately bind the next Council;

4



Definitions The Act The Local Government Act 1989 Election (Caretaker) Period

The election (caretaker) period preceding a General Election. It is defined in the Local Government Act 1989 as starting on the last day on which nomination for that election can be received and ending at 6pm on election day (32 days leading up to General Election day)

General Election The Statutory process by which Councillors are

elected Major Policy Decisions Section 93A of the Local Government Act 1989 prohibits the making of “Major Policy Decisions” (Major Policy Decisions has the same meaning as the Local Government Act 1989) during the election period (the period that starts on the last day on which nominations for that election can be received; and ends at 6:00pm on the Election Day). “Major Policy” decisions are defined by the Act to be decisions:

a) relating to the employment or remuneration of a Chief Executive Officer under Section 94 of the Local Government Act 1989, other than a decision to appoint an acting Chief Executive Officer;

b) to terminate the appointment of a Chief Executive Officer under Section 94 Local Government Act 1989;

c) to enter into a contract the total value of which exceeds whichever is the greater of $100,000 or such higher amount as may be fixed by Order in Council under Section 186(1) of the Local Government Act 1989; or 1% of the Council's revenue from rates and charges levied in the preceding financial year;

d) to exercise any power under Section 193 if the sum assessed under Section 193(5A) of the Local Government Act 1989 in respect of the proposal exceeds whichever is the greater of $100,000 or 1% of the Council's revenue from rates and charges levied under Section 158 of the Local Government Act 1989 in the preceding financial year.

Subject to section 93A of the Local Government Act 1989, a Council, a Special Committee or a person acting under a delegation given by the Council must not make a Major Policy Decision during the election period for a General Election.

If the Council considers that there are extraordinary circumstances where the municipality or the local community would be significantly disadvantaged by the Council not making a particular Major Policy Decision, the Council will, by resolution, request an exemption from the Minister for Local Government, in accordance with section 93A(2) of the Local Government Act 1989.

5



If the Minister is satisfied that there are extraordinary circumstances, the Minister may grant an exemption from the application of this section to the Major Policy Decision specified in the application subject to any conditions or limitations that the Minister considers appropriate.

A Major Policy Decision made in contravention of this section is invalid.

Any person who suffers any loss or damage as a result of action in good faith on a Major Policy Decision made in contravention of this section is entitled to compensation from the Council for that loss or damage. Use of Council Provided Resources to Councillors Councillors must not unreasonably use any Council resource for campaign purposes during the election period or seek reimbursement from Council for costs incurred for a campaign related purpose. Incidental use of Council provided resources (such as a vehicle in the case of the Mayor, mobile phone or other device), in connection with any campaign-related purpose and as part of the ordinary course of that Councillor's daily and typical use of such a resource, does not breach Council policies or, in the view of Council, any applicable electoral laws. Council considers that the provision of such resources and their continued use during the election period, including their incidental use in respect of any campaign purpose, does not confer any particular, unreasonable or unfair electoral advantage on a councillor-candidate compared to other candidates. In reaching this position, Council notes the position expressed in its Expenses Policy that it is reasonable for councillors to use these resources for both Council and incidental non-Council related purposes, and that any out of pocket costs arising from such use for non-Council purposes should not be claimed as reimbursement from Council. Council has also considered that the use of mobile phones, computers and cars is almost universal in the wider community today and that there is no unique or special advantage conferred on a councillor-candidate by merely continuing to have access to one or more of these resources during the election period. Council considers that it would be impractical for a Councillor to have to operate two mobile phones or two of any of the other resources merely to avoid use of any one of those Council provided resources in connection with a campaign purpose. Council further notes that there is no cost or other impact for Council if a councillor uses one of these resources for non-Council purposes. Moreover, Council's Expense Entitlement Policy expressly contemplates this sort of arrangement in relation to mobile phone use and deals with the process for attributing the out of pocket costs of the phone calls between Council related calls and non-Council related calls. However, during the election period, councillors should be especially mindful not to seek reimbursement for any out of pocket costs which arise from a campaign related purpose.

6



Accordingly, Council has formed the view that it is impractical and unnecessary for current Councillors who are seeking re-election to have to go out and purchase their own devices merely for use during the election period. In fact it is considered that it would be an unreasonable and unnecessary imposition on Councillor-candidates, who for the past four years of their term have had these resources provided by Council, and who if re-elected, would have the reasonable expectation that these resources will continue to be provided to them, if they were forced to have to purchase such resources personally for the purposes of only a matter of a few weeks for use during the election period. Council further notes that this approach is consistent with the approach adopted in the Victorian Parliament and the Australian Parliament for Members of those places. Councillors will continue to automatically access council-held documents during the election period, but only as necessary for them to perform their current roles and functions.

Prohibition on Council – Section 55D of the Act The Council commits to the principle that it will ensure that Council resources are not used inappropriately during a Council election.

The Chief Executive Officer will ensure it complies with Section 55D of the Local Government Act 1989 which requires that a Council does not print, publish or distribute or cause, permit or authorise to be printed, published or distributed an electoral advertisement, handbill, media release, newsletter, pamphlet, leaflet, mail-out or notice during the election period unless it only contains information about the election process.

The Chief Executive Officer will review and certify all publications prior to the commencement and during the election period, prior to ensure that any such publications comply with the requirements of Section 55D of the Local Government Act 1989.

There is a requirement that the Chief Executive Officer is familiar with the requirements of the Local Government Act 1989, and any other requirements, with respect to the printing, publishing and/or distribution of electoral publications.

In accordance with the Local Government Act 1989:

The Chief Executive Officer must not intentionally or recklessly certify an electoral advertisement, handbill, pamphlet or notice during the election period unless it only contains information about the election process;

The Chief Executive Officer must not delegate the power to certify any advertisement, handbill, pamphlet or notice under this section to a member of Council staff;

A Councillor or member of staff must not intentionally or recklessly print, publish or distribute or cause, permit or authorise to be printed, published or distributed an electoral advertisement, handbill, pamphlet or notice during the election period on behalf of, or in the name of, the Council or on behalf of, or in the name of, a Councillor using Council resources if the electoral advertisement, handbill, pamphlet or notice has not been certified by the Chief Executive Officer under this section;

7



The requirements, above, do not apply to the publication of any document published prior to the commencement of the election period and to the publication of any document required to be published in accordance with, or under, any Act or regulation;

Official media statements will only be made by the Chief Executive Officer during the election period, including radio and television interviews. As much as possible throughout the election period, Council publicity and communications will be restricted to promoting normal Council activities and services and informing residents and ratepayers about the election process.

Public Consultation Consultation forms an integral part of policy development and operations; however, consultation undertaken close to a General Election may become an election issue in itself and influence voting. Issues raised during the consultation and decisions that follow may also unreasonably bind the incoming council.

If the Chief Executive Officer determines that consultation must be undertaken or an event held during this time, the Chief Executive Officer (on behalf of Council) must justify to the community the special circumstances making it necessary and how risks over influencing the election will be mitigated or prevented.

Public consultation must be undertaken during an election period if the consultation is mandated by legislation.

Where consultation is discretionary then the consultation can occur during the election period but only after the Chief Executive Officer determines whether or not the consultation will influence the outcome of the election. If the matter subject to the consultation is likely to be closely associated in the minds of the voters with a particular candidate or a group of candidates, then it may be prudent for the Chief Executive Officer to delay the consultation until after the election period. Events The scheduling of Council events in the lead-up to elections also frequently raises concerns over the potential use by sitting Councillors for electioneering purposes. Events and functions can take many and various forms including conferences, workshops, forums, launches/openings, promotional activities, and social occasions (such as dinners, receptions and balls). Any public consultation or scheduling of Council events during the election period will be reviewed by the Chief Executive Officer who may determine that an individual activity or event is:

not permitted to proceed; or is permitted to proceed but subject to any restrictions which the Chief

Executive Officer may impose.

8



Equitable Access to Council Information Council’s Election Policy is required to include procedures to ensure that access to information held by Council is made equally available and accessible to candidates during the election. The Council recognises that all election candidates have the right to access information from the Council, subject to the Privacy and Data Collection Act 2014. Neither Councillors nor Candidates will receive information or advice from Council staff that might be perceived to support election campaigns, and there shall be complete transparency in the provision of all information and advice during the election period. Councillors will continue to receive information that is necessary to fulfil their elected roles, particularly in regard to information relating to Council Agenda and Briefing items currently under consideration. Provisions of Council Information to Councillors and Candidates:-

Information and briefing material prepared by staff for Councillors during election period will relate only to factual matters or existing Council services. Such information will not relate to policy development, new projects or matters that are the subject of public of public or election debate or that might be perceived to be connected with a candidate’s election campaign;

When a Councillor wishes to request information for their use as a Councillor (e.g. a briefing from Council Officers, access to information on Council files), the Councillor must make the request through the CEO. This protects both Councillors and Officers from any accusation of “inappropriate interaction” and/or ‘’undue influence’’. It also allows the relevance of the information requested to be determined in relation to current Council business;

Council staff will not directly provide Councillors or Candidates with information but will refer any direct requests for information to the CEO during the election period.

An Information Request Register will be maintained during the election period. This Register will be a public document that records all requests relating to electoral matters and non-routine requests for information by Councillors and Candidates, and the responses given to those requests.

9



Council Staff Activities During An Election Period Council staff should not undertake any activity that may influence the outcome of an election, except where the activity relates to the election process and is authorised by the Chief Executive Officer.

Council staff should not authorise, or allocate a Council resource for any purpose which may influence voting in the election, except where it relates to the election process and is authorised by the Chief Executive Officer. This includes making Council resources available to Councillors for campaign purposes. Council staff must not assist any Councillor with their election campaign at any time, including outside work hours.

Where the use of Council resources could be construed as being related to a candidate’s election campaign, the incident must be reported to the Chief Executive Officer. Record Keeping The Chief Executive Officer shall keep a documented record of all:

documentation reviewed; documentation approved; media or other statements released; information or advice provide on request to a sitting Councillor or

candidate; information relating to events and consultation permitted to proceed,

under this policy during the election period.

Responsibilities The Chief Executive Officer is responsible for overseeing adherence to the Election Period Policy. Councillors and staff are responsible for reporting any breach or suspected breach of this policy to the Chief Executive Officer. Election Period Procedure Operations This procedure applies during the Election Period, commencing on the last day on which nominations for that election can be received and ending at 6pm on Election Day. The procedure is to be used for certifying any publication, pursuant to section 55D of the Local Government Act 1989.

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Background All requests for advertisements or publications during the Election Period must be certified by the CEO, to confirm that they do not contain election material, prior to being printed or published or distributed. No electoral material will be placed on Council’s Websites or social medial during the election period. Process

All publications during the Election Period must be emailed to the Executive Assistant to the CEO – [email protected] so that arrangements for certification can be made. If there is any doubt about whether the material is subject to the procedure, it should be forwarded to the above email address, for checking.

The role of the Executive Assistant is to read the proposed publication and check that no election material is present (unless it is factual election process information).

Executive Assistant will send the proposed publication to the CEO via email with suggested wording as set out below.

CEO to send back approval and certify in writing (email is acceptable and preferable). CEO to use a corporate signature that is used in emails, certification wording as below. This certification power cannot be delegated to any other person.

When certification is received back from CEO, the email is to be saved and filed accordingly. This will enable a record to be maintained of all certified publications.

Standard statement to accompany Executive Assistant email to CEO “This material has been checked and does not contain any electoral or electoral related matter to the best of my knowledge. In accordance with the requirements of s 55D (1) of the Local Government Act 1989 Standard certification to be used by the CEO as part of “corporate signature” for certification emails: “I certify that the attached material is suitable for printing, publishing or distributing on behalf of Yarriambiack Shire Council”. References Local Government Act 1989 Councillor Code of Conduct LG Investigations & Inspectorate Election Policy Review 2016 Victorian Electoral Act 2002 Councillors Expense Entitlement Policy Privacy and Data Collection Act 2014 Council Adoption Date 28 August 2019 Minute No 13. Review Date 25 March 2020 Version 0.3 Officer Responsible Chief Executive Officer

mailto:[email protected]



M 28 08 2019.docx

13.3 CEO Employment and Remuneration Policy - Prepared by Bernardine Schilling Conflict of Interest The author involved in the preparation of this report has no Conflict of Interest requiring disclosure. Background The proposed new Local Government Act currently before State Parliament requires a Chief Executive Officer Employment and Remuneration to be established. It is considered prudent that the Policy attached addresses requirements currently contained in the proposed Bill, while also complying with the provisions of the Local Government Act 1989. Further amendments may be required to the Policy once the new proposed Local Government Act becomes law to ensure the Policy remains compliant. Summary The role of a Chief Executive Officer in Victorian Local Government is essential for the delivery of council services to the community. Successful appointees to the position are accountable to the Councillors who are their employer, to ratepayers, the media and staff. They are also a crucial player in the Council’s interaction with other levels of government. Purpose and Objectives The proposed Chief Executive Employment and Remuneration Policy provides a framework to assist Council in the management of the recruitment, appointment, contractual and performance matters of a CEO as required under the proposed Local Government Bill and provisions of the current Local Government Act 1989. Recommendation:

That Council adopt the CEO Employment and Remuneration Policy. Resolution Moved Cr J Wise Seconded Cr K Zanker


Carried

48

CEO EMPLOYMENT & REMUNERATION POLICY

Name of Policy CEO Employment & Remuneration Policy Page 1 of 12 This Document is Uncontrolled when Printed. Responsible Officer: CEO. Version 0.1, Issue date: August 2019 Next Review August 2020

Yarriambiack Shire Council encourages a working environment which promotes gender equality and models non-violent and respectful

relationships.

1. BACKGROUND

The role of a Chief Executive Officer in Victorian Local Government is essential for the delivery of council services to the community. Successful appointees to the position are accountable to the councillors who are their employer, to ratepayers, the media and staff. They are also a crucial player in the Council’s interaction with other levels of government. A Chief Executive Officer has the additional responsibility, along with employees, to ‘the extent that is reasonably practical’ to ensure that the workplace is safe and without risks to health and safety.

2. POLICY OBJECTIVE

The purpose of this policy sets out the required processes for the Chief Executive Officer (CEO): 1.1 Recruitment and appointment; 1.2 Contract of appointment preparation to include required provisions; 1.3 Performance monitoring; and 1.4 Annual review.

3. POLICY STATEMENT

Council will carry out its functions relating to the appointment, remuneration and performance appraisal of the CEO in accordance with a number of leading practice principles: 3.1 Decision-making processes that are fair, accessible and applied consistently in

comparable circumstances; 3.2 Decision-making criteria that are relevant, objective and transparent; 3.3 Decisions and actions that are conducive to ongoing good governance; 3.4 Documentation that is sufficiently clear and comprehensive to render decisions

transparent and capable of effective review; 3.5 Employment decisions that are based on the proper assessment of an

individual’s work-related qualities, abilities and potential against the genuine requirements of the role;

3.6 Decisions to appoint new employees that are based on merit, competitive selection, open processes and objective criteria;



3.7 Is guided by the Charter of Human Rights and Responsibilities Act 2006 (the

Charter) and principles of embracing diversity and inclusiveness. The responsibility for assisting Council with its obligations regarding CEO employment and remuneration matters shall be delivered through the establishment of the CEO Employment and Remuneration Committee. A CEO Employment and Remuneration Committee (Committee), appointed by Council, has the responsibility for recommending and advising Yarriambiack Shire Council on: 3.8 Contractual matters relating to the CEO, or the person acting as the CEO,

including but not limited to:

a. The appointment of the CEO, or person to act as the CEO. b. Remuneration and conditions of appointment of the CEO, or person to act

as the CEO. c. Contract extension (i.e. reappointment) of the CEO, or person to act as

the CEO. 3.9 Performance monitoring and an Annual Review of the CEO, including

recommendations to Council as a result of performance reviews conducted twice a year.

3.10 The performance of any other prescribed functions or responsibilities stipulated under the current Local Government Act or Regulations in relation to the CEO’s employment and performance monitoring.

4. LEGISLATIVE PROVISIONS

The Council must appoint a natural person to be its Chief Executive Officer (CEO). The application of this policy and its parts must be managed in accordance with the most current version of the Local Government Act (Act) and is required to follow any applicable regulations and guidelines required by the Local Government Act. Under section 94 of the Local Government Act 1989 the Council must make a permanent appointment to the position of Chief Executive Officer as soon as reasonably practicable after a vacancy in the position occurs. A Council may only appoint a person to be its Chief Executive Officer after it has invited applications for the position in a notice in a newspaper circulating generally throughout Victoria and has considered all applications received by it that comply with the conditions specified in the notice. or As per section 94 (4) of the Local Government Act: the above does not apply if in the 6 months immediately before the person’s contract as Chief Executive Officer is due to expire, the Council passes a resolution to reappoint that person as its Chief Executive Officer.



If a Council does reappoint a person as its Chief Executive Officer without advertising, the Council must make details of the person’s proposed total remuneration under the new contract available for public inspection within 14 days after the passing of the resolution. Remuneration Provisions As contained in the Government of Victoria’s ‘Policy on Executive Remuneration in Public Entities’ the following key principles are listed to guide decision-making in executive remuneration to ensure consistency with other public entities:

be fair and reasonable consider entity performance as well as economic conditions be competitive reflect the non-financial benefits of public sector employment be consistent and understandable to both executives and the general public

Changes to the Law If the Council’s obligations under any applicable law change after the CEO’s commencement date, then the Council may at its discretion vary the corresponding provisions of the CEO’s contractual agreement or add new provision(s) by Council resolution. 5. DEFINITIONS

Council Yarriambiack Shire Council

Councillor Is an elected member of the Council as defined by the Local Government Act (the Act).

Independent Chairperson

Is a suitably qualified person, appointed by Council who is not a Councillor or Officer of Council and is a non-voting member of the Committee.

Mayor Is the Mayor elected by Council and/or Councillor(s) as defined by the Act.

Recruitment Consultant

Is a recognised consultant /organisation with expertise in sourcing and evaluating candidates for senior executive roles.

Remuneration Is the salary and associated benefits determined by Council to be paid to the CEO.

Secretariat Support

This is a person(s) nominated by the Chief Executive Officer to assist the Independent Chairperson and the CEO Employment and Remuneration Committee to undertake administrative functions including Agenda compilation, Minute taking and preparation, production and distribution of documents, obtaining specialist human resources advice and scheduling meetings.



6. CEO EMPLOYMENT AND REMUNERATION COMMITTEE

6.1 Committee Composition The Committee will comprise of an independent chairperson and at least three Councillors, one of whom will be the Mayor. Council may appoint all Councillors if it wishes, however must not appoint other persons, excluding the independent chairperson, who are not Councillors. The Committee, as a minimum must meet twice per year. A majority quorum of members and the independent chairperson must be present to transact business of the Committee. If the Mayoral election occurs during the recruitment period with a new Mayor elected, the Mayor at the time of commencement of the recruitment process will continue to be involved until such time as the CEO is appointed. This allows continuity within the process. The new Mayor, if not already appointed to the Committee, will join the Committee.

6.2 Independent Chairperson The Councillor members of the Committee will make recommendations to Council on the appointment of an independent chairperson (Chairperson), having considered a minimum of two with a preference of three or more appropriately experienced persons. The Chairperson must not be a Councillor or member of Council staff. The Chairperson will be a neutral person who has detailed knowledge and experience in executive recruitment and oversight of employment contracts as well as experience in developing and facilitating executive performance reviews. Experience and knowledge of the Local Government Sector is required. An inquiring mind and the ability to analyse information will assist in carrying out the role of Independent Chairperson. The Chairperson will be appointed for a one year term with an option for a further two; one-year term extensions by mutual consent with Council. The Chairperson will provide advice to the Committee and annually develop the draft performance criteria and performance review methodology for consideration by the Committee and Council. 6.3 Committee Meetings The Committee will meet twice a year with authority to convene additional meetings, as circumstances arise.



Meeting agendas will be prepared and provided by the Chairperson through the secretariat support at least 72 hours in advance to members, along with appropriate briefing materials. The Mayor is able to provide suggested Agenda items to the Chairperson a week in advance of the meeting, if required. Minutes will be prepared and distributed to the Committee by the secretariat support once received from the Independent Chair, within three working days of the meeting.

6.4 Committee Responsibilities The Committee has the following functions and responsibilities:

6.4.1 CEO Recruitment 1. Review and stay up to date on legislative requirements associated with the

recruitment or re-employment of the CEO. This needs to commence at least nine months prior to the expiry date of the CEO’s contract to ensure all statutory requirements are completed.

2. Undertake the recruitment process adopted for the CEO and any person to act as the CEO. It is open to Council to contract an executive recruiter to assist. If so, the Committee should oversee the appointment of that person or organisation and subsequent steps in the recruitment process.

3. The Committee must make recommendations to Council on the contractual matters of the: a. CEO; and b. Person to act as interim CEO in the absence of a CEO or when the CEO

is to be absent for more than three months.

4. The Committee must make recommendations to Council on: a. Appointment; and b. Remuneration and other conditions of employment.

6.4.2 Annual Review 1. The Committee must undertake an annual performance review of the CEO and

make recommendations to Council on matters including: a. The achievement of performance criteria established in accordance with

the CEO’s contract.

b. Review of the remuneration package in accordance with the CEO’s contract and in line with the remuneration principles contained in the Victorian Public Sector Commission’s ‘Policy on Executive Remuneration in Public Entities’. Aspects to have regard to include:



The CEO’s achievement of the Performance Criteria; The extent of an increase over the preceding 12 months in the

Consumer Price Index (All Groups, Melbourne) as issued by the Australian Statistician;

Market rates for comparable positions; and The acquisition and satisfactory utilisation of new or enhanced skills by

the CEO if beneficial to or required by the Council. Any increase to the Remuneration Package being inclusive of, and

may be off-set against, any wage increase awarded to staff under any Industrial Instrument.

c. Review of performance criteria or other terms of conditions of the CEO’s contract.

Note: Performance criteria for a person acting as a CEO is optional. If included in a

contract, this should be reviewed by the Committee. If the appointment is for three or more months then performance criteria are recommended.

6.4.3 Contract Expiry 1. As part of a performance review of the CEO and in accordance with current

legislation and relevant regulations, the Committee must make recommendations on whether: a. To reappoint the CEO (a maximum of six months prior the expiry of the

CEO’s contract of employment). b. Make a new contract. c. Early termination of the contract where warranted. d. To terminate in accordance with the contract.

2. The Committee should also make recommendations on termination of an acting

CEO appointed for more than three months, following a performance review.

6.4.4 Suspension and/or Termination by Council Various situations may arise that may lead the Council to suspend and/or terminate the CEO’s employment, or a termination by agreement, or a redundancy, or the CEO may notify Council of his/her desire to terminate the agreement. The relevant contractual arrangements regarding suspension, redundancy and/or termination of the CEO’s employment will apply, depending on the circumstances. 6.5 Independent Chairperson Fees

1. Council will pay up to a maximum fee of $1,500 per meeting to the independent chairperson. The amount of the fee has regard to the specific roles and responsibilities the chairperson will undertake.

2. The chairperson’s fee:



a. Will be paid to the chairperson of the Committee in the next payment run immediately following the scheduled committee meetings, upon receipt of an invoice from the chairperson.

b. An agreed additional fee will be paid to the independent chairperson for every meeting attended that exceeds the required two meetings in any one year. The fee is not to be greater than $1,500 per meeting.

Note: the year to year date is based on the anniversary engagement date of the independent chairperson.

6.6 Support To facilitate the operation of the Committee, the CEO’s delegate has responsibility to provide: 1. Information and any necessary training for members in relation to their

responsibilities under the current Local Government Act. 2. Officer advice in respect of matters before the Committee. 3. Secretariat and logistical support to the Committee.

6.7 Acting CEO Appointment - CEO Short-term Leave When the CEO is to be absent for short term leave (three months or less), the CEO will provide a report to Council recommending Acting CEO(s) to cover the period of leave. Should the CEO return within the delegated timeframe he/she will automatically resume their role and the acting appointment will automatically cease. 6.8 Acting CEO Appointment - CEO Long-Term Leave

When the CEO is to be absent for long term leave (more than three months), the CEO must provide an application of leave to Council for approval. Council, by resolution will also resolve on the acting arrangement to be put in place during excess periods of leave that extend for more than three months. As per section 94 of the Local Government Act a Council must not remunerate in any way a person who has filled the Chief Executive Officer’s position on an ‘acting’ basic for 12 months for anything the person does in respect of that position after that 12 month period. 7. RISK ASSESSMENT Council is responsible for the recruitment, remuneration and performance management of the CEO. The CEO’s role and responsibility for managing the organisation to achieve Council’s strategic direction are extensive with many powers delegated to the CEO to perform on Council’s behalf. Adopting a policy to support the Council in legally meeting legislative requirements is prudent risk management.



The policy will also mitigate risk by establishing a contract and associated remuneration that invites worthy candidates, is commensurate with other councils of similar size and complexity, and entices an effective CEO to remain with Council. Failure to have such a policy may leave Council in breach of legislation, faced with a CEO contract that may be void if not executed correctly, or faced with significant costs in required to fill repeated CEO vacancies. Compliance with this Policy mitigates Council’s risks by managing the recruitment and performance of the CEO effectively through a Council appointed Committee, with an experienced independent chairperson, in accordance with the current legislation.

8. IMPLEMENTATION STATEMENT 8.1 Publication of Policy

An ‘Independent Chairperson “Expression of Interest” Information Sheet containing an overview of this policy’s requirements will be provided to candidates applying for the Independent Chairperson position. The Policy will be published on Council’s website, thereby making it available to candidates applying for the CEO role, interested community members and government agencies.

8.2 Disclosure Provisions of CEO Remuneration As a means of ensuring accountability to the Government, the Shire and the wider community, disclosure of information on the CEO’s remuneration policy and practices is important. To this end, this Council policy will be published on Council’s website. Disclosure of the CEO’s remuneration will be by way of information included in Council’s Annual Report as required by Local Government Planning and Reporting Regulations or otherwise required by law and available for inspection via the Public Information Register located at the Yarriambiack Shire Council.

8.3 Procedure for Recruitment of CEO – Terms of Reference The Terms of Reference contained within this section of the Policy set out Council’s process for carrying out recruitment of the CEO. 1. Council’s role is to appoint the CEO, on the advice of the Committee. 2. The Committee’s role is to identify and recommend a suitable person and refer

the appointment of that person to Council.



The Committee shall: 1. Recommend a Recruitment Consultant (Consultant) to Council’s Governance

Coordinator, for appointment:

a. With the assistance of the Governance Coordinator, seek a recognised Recruitment Consultancy to manage and conduct the process of selection of a suitable candidate for the position of CEO.

b. Selection Criteria are to be based on the key result areas for a CEO.

These will need to be modified to suit the current circumstance and directions of Council at the time of recruitment.

2. Undertake preparatory work in conjunction with the Consultant: Develop and

agree on:

a. The Committee interviewing of the leading candidates identified by the recruitment Consultant;

b. A search and selection process and timeframe; c. Setting the salary and conditions based on the industry benchmarks; d. Key accountabilities of the role (Succinct statements about the most

important things upon which the CEO will have to focus); e. Key selection criteria for CEO recruitment; f. Candidate application material; g. A candidate identification strategy (research, advertising); h. Methods of applicant evaluation; and i. Public relations and internal communications activities.

3. Seek Council approval of preparatory work.

4. In conjunction with the Consultant, identify the candidate pool:

a. Oversee the development of the candidate pool by the Consultant,

providing feedback on the quality of candidates being identified. b. Review the Consultant report on the candidate pool and make decisions

regarding which candidates should be carried forward to interviews by the Committee.

c. The Committee will interview the leading candidates identified by the Consultant and select/refer the final three candidates for short list interviews with the full Council.

d. Once the preferred candidate is determined by the full Council, with the support of the Consultant, negotiate the terms of employment within the general framework for the terms of employment provided by the Council.

e. Ensure, through the Consultant, that all candidates are updated on the outcome of the process.

f. Develop and recommend to the Council an on-boarding program (induction) for the new CEO



8.4 Procedure for CEO Employment and Remuneration Committee: Terms of Reference

The Terms of Reference contained within this section of the Policy set out Council’s process for carrying out the CEO Performance Review and Planning Process. 1. The Council is responsible for:

a. Determining the CEO’s Performance Plan with the CEO; b. Assessing the CEO’s performance against that plan; c. Determining the remuneration of the CEO; and d. Setting the annual performance plan.

2. The Committee’s role is to:

a. Prepare a draft annual performance plan for Council’s consideration; b. Seek expert advice on facilitation and criteria for performance plan and

review; c. Seek expert advice on remuneration benchmarks from a recognised

recruitment consultancy, the Municipal Association of Victoria or similar; d. Conduct an annual performance review of the CEO; and e. Make recommendations to Council on matters including:

Whether the CEO meets the performance plan criteria; To vary performance plan criteria; Remuneration; and/or Other terms and conditions of the contract.

The Committee shall: 1. Recommend appointment of a facilitator to assist the Committee to discharge

its obligations in relation to the preparation of the draft performance plan and review.

2. Ensure that the CEO is consulted and advised of the process. 3. In consultation with the CEO, identify and agree the performance plan goals

and activities that the CEO should work towards achieving over a 12 month period using the CEO Performance.

4. Ensure that the CEO submits a Performance Plan report and is given the opportunity to present his/her self-assessment to the Council.

5. Ensure all Councillors are invited to provide comments of appraisal of the CEO’s performance to the Committee using the Performance Plan.

6. Attend to the collection and collation of council feedback in relation to the CEO’s performance as measured against the performance plan approved by Council.

7. Review the CEO’s remuneration package as a component of the annual review. 8. Provide feedback to the CEO at half yearly review meetings and about his/her

performance and proposed outcome of the annual performance and remuneration review.



9. Report to Council Meeting and seek decisions on outcomes of the review

process in relation to: a. The CEO’s achievement of the Performance Criteria; b. Any proposed variation in salary; c. Setting the performance plan for the evaluation of the CEO’s performance

for the next 12 month period; d. Agreement with the CEO on a development plan for the next 12 month

period; and e. Whether any options of the CEO’s contract should be exercised in

accordance with the contract. 8.4.1 CEO Contract Provisions The CEO contract provisions must be consistent with government policy and remuneration guidelines set out in the Victorian Public Sector Commission’s ‘Policy on Executive Remuneration in Public Entities’. The following components are to be included as a minimum: 1. Contract of employment for up to five years; 2. Total remuneration package (includes salary, cost to employer of motor vehicle,

superannuation and other employment benefits, all to include associated fringe benefits tax);

3. Additional expenses payable by Council; 4. Annual review of performance; 5. Annual review of the remuneration package; 6. Leave entitlements; 7. Ownership of intellectual property; 8. Performance criteria; 9. Conduct matters; 10. Suspension, redundancy and termination of contract provisions; 11. No compensation for termination of a contract beyond accrued leave and long

service leave (if any); 12. Employment notice provisions. 13. The CEO’s employment contract is to include a dispute resolution procedure, to

deal with disputes arising out of the contract.



9. MONITORING AND COMPLIANCE OF THE CEO EMPLOYMENT AND

REMUNERATION POLICY

The Audit Risk Committee is responsible for the compliance and review of the CEO Employment and Remuneration Policy. A review must be conducted after a Council Election.

10. REFERENCES

Local Government Act 1989 Local Government Inspectorate: Managing the employment cycle of a Council CEO VPSC’S Policy on Executive Remuneration for Public Entitles in the Broader Public Sector

Council Adoption Date Minute No Review Date Officer Responsible



M 28 08 2019.docx

13.4 Share Grant Policy and Guidelines / Grant Management Policy and Guidelines - prepared by Gavin Blinman. Discussion: The Share grant program provides the Yarriambiack Shire Council community with access to grants twice yearly, supporting events, streetscape programs and community projects annually. Recent audits have recommended changes to policy and guidelines to ensure a transparent process and assist clear decision making on allocation of grants by the panel and Management. The updated policy and guidelines presented today outline a clear separation of responsibility and process for the Share grants. The Grant Management program covers all external funding coming to Council including State, Federal, Community sector and Private industry grants awarded to council. The guidelines set out Yarriambiack Shire Council’s obligations pertaining to the application, acceptance and management of external funding and grants. The policy ensures Council is transparent in the way in which it allocates, manages, monitors and reports its activities and outcomes. Community Considerations The Share grants are allocated to the community and the changes to the policy and guidelines will need to be communicated to all community groups before the next funding round to ensure compliance. The Grant Management policy and guidelines provide an assurance to the ratepayers of Yarriambiack Shire Council that all funding is being managed according to best practice and according to the current Local Government Act 1989.

Environmental Considerations

No impact on the environment. Individual projects under the grants schemes have consideration for this. Financial and Risk Considerations The Share grant and Grant Management policy and guidelines provide a clear accountable framework to ensure reduced risk and links to decision making and council’s budget process. Recommendation:

1 : Recommendation 1 is that Council adopts and approves the Share Grant Policy and Guidelines as tabled. 2: Recommendation 2 is that Council adopts and approves the Grant Management Policy and Guidelines as tabled.

Resolution Moved Cr T Hamilton Seconded Cr J Wise


Carried 61

Community Share Grant Program Policy

Community Share Grant policy This Document is Uncontrolled when Printed Responsible Officer: GM Community Development

Version: 0.1 Issue Date: 16/07/2019 Next Review: 30/6/2022 Page 1/ 6

Community Share Grant Program Policy 1. Purpose

The purpose of this policy is to provide a framework which will guide the community grants administration and assessment processes across Council.

2. Background/Context

Yarriambiack Shire Council is committed to working in partnership with the community to encourage, develop, support and sustain a wide range of local quality recreational, cultural,

social & community support and business group initiatives that make a positive contribution to the Yarriambiack community and strengthen the development of strong local communities.

Each financial year, Council provides financial assistance to community groups and businesses to support the provision of events and services which respond to identified community need, contribute to the building of stronger communities and are in accordance with Council’s strategic outcomes

3. Objective

Key objectives of this Policy are:

To ensure that the administration and assessment of Council grant programs and schemes are transparent, equitable, inclusive and understood by the community;

To articulate Council’s definition of a grant and outline the various grants programs

offered; and

To identify acquittal and evaluation requirements to ensure Council and funding recipients remain appropriately accountable.

4. Policy Statement and Scope

This Policy provides a framework for the following grant programs administered by

Council:

Community Share Grant - Event and Sponsorship (up to $1,000 with no matching funding)

Community Share Grant – Business and Streetscape (Up to $2,000 with 1:1 funding)

Community Share Grant – Community Building Grants (up to $3,000 with no matching funding)

Any Council grant programs and schemes outside this list are not explicitly guided by this Policy.

5. Timelines

Specific dates will be provided prior to the opening of each round.

Round 1 Round 2

Applications Open July January

Applications Close July January

Applicants Notified August February

Funding Period August - December February - May

Evaluation & Acquittal December May




6. Policy Framework

This policy will be supported by a detailed set of processes for each grants program that are consistent with Council’s broader aspirations for its community. Yarriambiack Shire Council Plan 2017-2021 and other Council strategic documents have guided the development of this policy to ensure that Council invests in projects that support Council’s strategic direction and the aspirations of the Yarriambiack community.

The framework includes:

a) Advice to the community of the opening and closing dates

b) Documented guidelines with clearly defined criteria

c) Availability of an application form

d) Assessment forms and assessment process

e) Formal agreement form

f) Evaluation form

g) Internal accountability checks

h) Documented record of any communication between applicants and Council

i) Adherence to acknowledgement and publicity guidelines

The key process associated with the Community Share Grants Program involves submission of required forms via mail, email or hand-delivered to a Yarriambiack Shire Council’s offices in Warracknabeal.

The minimum requirements for each process are listed below:

7. Guidelines & Criteria

Description of grant program;

Eligibility;

Ineligibility;

Outline of assessment criteria;

Conditions of funding;

Insurances;

Acknowledgement of Council;

Timeline; and

Step by step guide to the application process

8. Application Form

Applicant Details

Project Details

Evidence of Public Liability

ABN and/or ACN number

Assessment Criteria

Budget Breakdown

Verification by applicant

Assessment Process

9. Agreement Process

Clearly defined assessment process;

Applications assessed against criteria; and




Funding recommendations approved by Council Management and / or Council endorsement.

10. Accountability Requirements

Documentation detailing as a minimum:

Funded body, amount funded, funding period, GST requirements, Current Public Liability Insurance, conditions of the grant, acknowledgement of Council and reporting requirements.

Agreement verified by funded body

11. Relationship to the Yarriambiack Shire Council Plan 2017-2021

1.1 Good Governance through Leadership

Ensure policies and good governance are in accordance with legislative requirements

and best practice.

Work with our communities to encourage open communication and participation.

Continue a comprehensive and effective communication and community engagement

framework.

1.2 Organisation Risk

Establish sound governance processes throughout the organisation to ensure consistent

and accountable decision making.

1.5 Effective Community Engagement & participation

Provide opportunities for community members to engage with Council.

Maintain systems and processes that will allow up to date information about Council to

be easily accessed by the community.

Work with community progress associations and consultative committees and

individuals to review and comment on Council issues.

2.5 Advocacy for Regional Living

Create opportunities for everyone to participate actively in community life.

Provide opportunities and support initiatives that enable social connection

3.1 Assist Communities to Develop and Prosper

Improve support and funding for volunteer and community groups.

4.1 Economic Growth within the Community

Support and assist communities in the development and promotion of special events,

expo’s and festivals.

4.3 Long Term Asset Management

Prioritise community funding

Alignment with Council’s vision, mission, values & principles

The operation and implementation of this Community Share Grants Policy aligns with Council’s

mission to provide strong leadership, transparency and strategic planning, Councillors and Staff in

partnership with our community will achieve our vision.

Council values that are particularly relevant to the operation and implementation of this Policy include:




treat our customers with courtesy and respect;

lead and develop leadership within our community;

constantly strive to improve our services;

forge closer relationships with customers;

investigate matters thoroughly and objectively, and keep our customers informed, in plain

language, about the process and outcome;

treat people fairly, with respect and have proper regard for their rights;

make decisions lawfully, fairly, impartially, and in the public interest;

we are honest, trustworthy, reliable, transparent and accountable in our dealings;

we are careful, conscientious and diligent;

use public resources economically and efficiently; and

actively pursue positive outcomes for the community.

12. Policy Position

12.1 Eligibility

To be eligible for a grant, all organisations must be:

A recreation, service, community, volunteer or fundraising group which are formally

constituted organisations

located within Yarriambiack Shire; and

have public liability insurance cover to the minimum level stated in the annual guidelines.

12.2 Ineligibility

The following requests will not be considered eligible.

Organisations who received funding in the previous round;

Individuals;

multiple applications in a particular program; and

retrospective funding.

Additional eligibility criteria is applicable to individual grant programs.

12.3 Grievance Process

All applicants must be informed of the outcome of their application in writing and offered the opportunity to discuss the application process.

Applicants have the opportunity to request, in writing, a review of the decision by Council if not satisfied with the selection process by contacting Council’s Community Development Project Officer. The applicant will be notified of the outcome in writing.

12.4 Conflict of Interest Provisions

To ensure an accountable and transparent assessment process is maintained, Councillors and Council Officers assessing grant applications are required to declare any potential conflict of interest. This may include, but is not limited to personal connections with any applicant. Anyone having a conflict of interest should not debate, be involved with any discussions, or vote on any matter relating to the specific applicant.




12.5 Accountability

Successful applicants must provide a financial acquittal of funds including receipts relating to the grant and complete a brief evaluation by the date specified in the annual guidelines for the relevant funding period. Incomplete or non-submitted acquittals and evaluations will result in an organisation being ineligible for the following year funding round.

Council reserves the right to seek reimbursement of grant funding from a funded organisation if the required evaluation or acquittal is not provided in a timely manner, or if Council is not satisfied that funds were used for the intended purpose as outlined in the original application.

12.6 Future Community Grants Funding Activities

All new Council community grant funding programs must adhere to the minimum procedures as outlined in this policy. If the funding program does not meet all requirements identified in this Policy, then the funding shall not be termed a ‘grant’ and will need to refer to the definitions in this policy to determine whether it is a donation or sponsorship. If considered a donation or sponsorship activity, then the other relevant Council policies should be consulted.

12.7 Privacy

Yarriambiack Shire Council is committed to the privacy principles as prescribed by the Privacy & Data Protection Act 2014 and the Health Records Act 2001. Relevant information is collected to ensure that applications can be assessed and a determination made on it. Personal and identifying information will not be disclosed except as required by law. Any access to information provided, amendments that may be required, or any privacy related enquiries may be directed to Council's Hr, Governance & Service Coordinator on 5398 0104.

12.8 Insurance

Applicants must demonstrate that all relevant insurances are in place and that Public Liability Insurance is held to the minimum cover outlined in the Community Share Grant Guidelines for the funding program. A copy of the Certificate of Currency covering the funding period must be included with an application. If successful, an applicant should, wherever possible, ensure that Council is named as an interested party on the public liability policy for the funded organisation.

12.9 Acknowledgement of Council

Where ever possible acknowledgment of Council funding should be given in any public relations opportunities undertaken by the funded applicant, relating to the request. Copies of any examples must be included in the funding evaluation report. A copy of Council's corporate logo can be provided for promotional purposes however, grant recipients wishing to use Council's logo must first discuss their requirements with Council’s Community Development Project Officer. Use of Council's corporate logo will only be approved under these circumstances.

13. Roles and Responsibilities

The following service areas and designated officers will provide leadership in the delivery of the Community Share Grant programs administered by Council.

Lead service area – Community Development

Management oversight –Community Development General Manager

Officer oversight – Community Development Project Officer

Teams involved in assessment process

Community Development

Corporate Services

HR, Governance & Services

Aged & Disability Services

Councillors




14. Definitions

14.1 Donations

Donations are considered gifts given in cash or in-kind without return consideration. 14.2 Grant

A sum of money or in-kind contribution given to organisations or individuals for a specific purpose directed at achieving goals and objectives consistent with Council’s strategic direction. The recipient is selected on merit against a set of criteria and funding is subject to entering a formal agreement with Council that outlines accountability requirements. Adapted from www.treasury.act.gov.au 14.3 Sponsorship

A formal, reciprocal arrangement between individuals, groups and Council, which is documented. The arrangement is clearly understood by both parties, with clear outcomes and timelines, and articulates the rights and responsibilities on both sides. These outcomes are deliverable and measurable and align with the goals and aspirations of Council.

15. References

Local Government Act 1989

Yarriambiack Shire Council – Council Plan (2017-2021)

Yarriambiack Shire Council Community Share Grants Funding Program Guidelines (2019-

2022)

Yarriambiack Shire Council – Community Share Grant Funding Program Evaluation Procedure (2019-2022)

Council Approved Policy

Policy Adopted: Ordinary Meeting

Minute Book Page RecFind

Policy Reviewed: Ordinary Meeting Minute Book Page RecFind

CEO Approved Policy

Adopted: CEO Approved Date CEO Name CEO Signature

Reviewed:

http://www.treasury.act.gov.au/

Community Share Grant Guidelines

Community Share Grant Guidelines This Document is Uncontrolled when Printed General Manager – Community Development


Community Share Grant Guidelines 2019 - 2020

Events and Sponsorship - up to $1,000 - no matching funding required

1. Timelines for 2019 - 2020

Round 1 Round 2

Applications Open 5th August 2019 6th January 2020

Applications Close 30th August 2019 31st January 2020

Applicants Notified 13th September 2019 14th February 2020

Funding Period 13/9/2019 – 31/1/2020 February - May

Evaluation & Acquittal 31st January 2020 29th May 2020

2. Objective The purpose of the Events and Sponsorship Program is to provide financial support to eligible groups and organisations to assist in the staging of events that support the outcomes of the Yarriambiack Shire Council’s Plan 2017 – 2021.

3. Eligibility

All recreation, service, community, volunteer and fundraising groups which are formally constituted organisations located within the Yarriambiack Shire Council municipal boundaries are eligible to apply.

4. Ineligibility

The following requests will not be considered eligible:

Those undertaking canvassing or lobbying of Councillors or employees of the

Yarriambiack Shire Council in relation to their sponsorship request during the

application and assessment period;

Events/festivals occurring outside the Yarriambiack Shire boundary;

Those with an ineffective management structure to manage financial and

accounting requirements;

Those duplicating an existing event/festival operating in the Shire;

Those contravening an existing Yarriambiack Shire Policy or Operating Guideline;

Events/festivals that denigrate or exclude any groups in the community;

Events/festivals that have safety and/or environmental hazards;

Capital expenditure – ie purchase or lease of real estate, renovation, repair or

maintenance of buildings or purchase of major equipment or material goods such

as office furniture, computers, playground etc;

Past funding recipients with outstanding debts to the Yarriambiack Shire Council

and/or incomplete reporting on previous funding;

Funding requests for reimbursement of funds already spent;

Funding requests for training or education

Funding requests for industry specific events e.g. conferences, tradeshows,

exhibitions, award ceremonies etc.

Funding requests for interstate and overseas travel expenses;

Funding requests for general fundraising activities;

Funding requests from individual private enterprises;

Funding requests from commercial organisations operating on a profit basis; and

Organisations who received funding in the previous round.




5. Assessment Criteria

The following criteria will be used to assess applications:

1. Does the event showcase the diversity of people and lifestyles in the Yarriambiack

Shire?

2. Does the event strengthen ties within the community and between the community and the Yarriambiack Shire?

3. Does the event enhance social well being and contribute positively to the image of Yarriambiack as a cohesive and inclusive community?

Projects do not have to address all the listed criteria. Successful submissions will be required to meet at least one of the three criteria

6. Terms of Funding

The Community Share Grants – Events and Sponsorship has two annual funding rounds.

Organisations are only permitted to submit one application for each funding round.

All mandatory questions within the application must be fully completed and include all

requested attachments.

Grants will be distributed on receipt of the submitted Grant Funding Agreement.

All funds must be expended or assigned to an item of expenditure by the end of funding

period, in accordance with the funding agreement.

Applications will not be assessed if previous grants have not been acquitted by the due date.

Successful applicants will be required to submit a grant acquittal by the end of the funding

period.

Auspiced applicants must provide a letter from the auspicing organisation confirming their

commitment to the project and willingness to manage funds on behalf of the applicant.

Programs will not be funded retrospectively (i.e. they cannot have already occurred).

• The project budget must detail all expenditure and income items.

• If an organisation is auspiced, funds will be paid to the auspicing organisation.

• All grants will be subject to the Goods & Services Tax (GST). All organisations must submit

one of the following to receive payment:

a) Organisations with an Australian Business Number (ABN) registered for GST - A tax

invoice, inclusive of GST stating the organisation’s ABN.

b) Organisations with an Australian Business Number (ABN) not registered for GST - An

invoice stating the organisation’s ABN.

c) Organisations without an Australian Business Number (ABN) - An invoice for the

Grant amount and a completed Statement by Supplier form.

• Council reserves the right to refuse funding.

7. Accountability

Successful applicants must provide a financial acquittal of funds including receipts relating to the grant, and also complete a brief evaluation at the conclusion of the funding period.

8. Grievance Process

All applicants will be informed of the outcome of their application in writing and offered the opportunity to discuss the application process.





9. Insurance


10.Acknowledgement of Council


11.Step by Step Guide

11.1 Check the eligibility and ineligibility sections of the guidelines to determine if you eligible to apply for the current round.

11.2 Ensure you have completed all required areas of the application form and

provided attachments (where required).

11.3 Complete the Community Share Grants Application Form – available by emailing [email protected] or requesting in person at the Yarriambiack Shire Office at 34 Lyle Street, Warracknabeal.

11.4 Submit your application using the following methods by the due date:

• Email: [email protected] • In person: 34 Lyle Street, Warracknabeal • Mail: PO Box 243, Warracknabeal 3393

11.5 Applicants will be notified in writing of the outcome on 20th September 2019. Notification will be email or post depending on your preference selected.

11.6 Successful applicants will be required to sign and return an agreement to Council before payment of the grant and commencement of the project.






Business and Streetscape - up to $2,000 - with matching 1:1 funding

required

1 Timelines for 2019 - 2020

Round 1 Round 2

Applications Open 1st August 2019 6th January 2020

Applications Close 31st August 2019 31st January 2020


Funding Period October – January February - May


2 Objective

The objectives of the program are:

To promote an improved partnership between Council and private building owners and business operators in enhancing the appearance and accessibility of the main streets within the Shire.

To provide financial assistance to encourage building owners and business operators to undertake works to upgrade the facades of buildings and access to those buildings in main streets within the Shire.

3 Eligibility

Applicants for funding will be assessed against the following criteria:

a. The application is for facade or access improvement works to a retail/ commercial building in a main street.

b. The applicant must be a small business owner or property owner that leases to a small business. A small business is defined as a business employing less than 20 people. The business must be operating.

c. The proposed works are consistent with or compliment any approved colour pallet, facade design and/ or streetscape for the area.

d. The proposed works are in keeping with heritage character of the centre (if applicable).

e. The proposed access works are in accordance and compliant with relevant disability legislation and regulations.

f. The application is for eligible works and the applicant has submitted all relevant information with the completed application form.

Council reserves the right to approve or refuse a grant application in terms of the colour, material or method of execution as it considers appropriate.

4 Eligible Works

Works that will be eligible for grant funding include:

Painting

Upgrading of signage structures (excluding sign writing etc)

Cleaning of brickwork

Removal and replacement of cladding and awnings

Repair or replacement of wall tiles, facade structures

Other facade improvement works subject to Council’s approval




Access works to reduce entrance barriers

Removal of steps to install an access ramp

Installation of handrails to existing ramp entry or additional stepped entry

Minor works to make other parts of the existing premises more accessible will be

considered.

It is the responsibility of the applicant to investigate the requirement of any necessary planning/ building permits through Councils planning/ building department. Costs associated with obtaining building/ planning permits may not be included in the total amount of the grant application.

Eligible works that are successful and require a planning/ building permit will need to submit a planning/ building application for approval prior to receiving funds for works.

5 Ineligibility


Those undertaking canvassing or lobbying of Councillors or employees of the

Yarriambiack Shire Council in relation to their sponsorship request during the

application and assessment period;

Those with an ineffective management structure to manage financial and

accounting requirements;

Those contravening an existing Yarriambiack Shire Policy or Operating Guideline;

Past funding recipients with outstanding debts to the Yarriambiack Shire Council

and/or incomplete reporting on previous funding;

Funding requests for reimbursement of funds already spent;

Organisations who received funding in the previous round.

Works required as part of a development approval conditions of consent.

Works on a building that has received grant funds from this program (or other council grant program) in the past five years.

Signage.

6 Assessment Criteria

The following matters will be assessed in determining if a grant application is successful:

• The application is for facade or access improvement works to a retail/ commercial building in a main street.

• The applicant must be a small business owner or property owner that leases to a small business. A small business is defined as a business employing less than 20

people. The business must be operating.

• The proposed access works are in accordance and compliant with relevant disability legislation and regulations.

• The application is for eligible works and the applicant has submitted all relevant information with the completed application form.

Council reserves the right to approve or refuse a grant application in terms of the colour, material or method of execution as it considers appropriate.Successful submissions will be required to meet at least one of these three criteria.

7 Terms of Funding

The Community Share Grants – Business & Streetscape program has two annual funding

rounds.





All mandatory questions within the application must be fully completed and include all

requested attachments.






period.

Auspiced applicants must provide a letter from the auspicing organisation confirming their

commitment to the project and willingness to manage funds on behalf of the applicant.


• The project budget must detail all expenditure and income items.

• If an organisation is auspiced, funds will be paid to the auspicing organisation.

• Where applicable, successful applicants must provide an Event Notification Form in

accordance with the requirements of the Events Notification Guidelines available on

Council’s website.

• All grants will be subject to the Goods & Services Tax (GST). All organisations must submit

one of the following to receive payment:





c) Organisations without an Australian Business Number (ABN) - An invoice for the Grant

amount and a completed Statement by Supplier form.

• Council reserves the right to refuse funding.

8 Accountability

Successful applicants must provide a financial acquittal of funds including receipts

relating to the grant, and also complete a brief evaluation at the conclusion of the funding period.

9 Grievance Process



10 Insurance

Applicants must demonstrate that all relevant insurances are in place and that Public

Liability Insurance is held to the minimum cover outlined in the Community Share Grant Guidelines for the funding program. A copy of the Certificate of Currency covering the funding period must be included with an application. If successful, an applicant should, wherever possible, ensure that Council is named as an interested party on the public liability policy for the funded organisation.




11 Acknowledgement of Council


12 Step by Step Guide


12.2 Ensure you have completed all required areas of the application form and provided attachments (where required).



o Email: [email protected]

o In person: 34 Lyle Street, Warracknabeal o Mail: PO Box 243, Warracknabeal 3393








Community Building Grants - up to $3,000 - no matching funding

required

1 Timelines for 2019 - 2020

Round 1 Round 2

Applications Open 1st August 2019 6th January 2020

Applications Close 31st August 2019 31st January 2020


Funding Period October – January February - May


2 Objective

The objectives of the program are:

• Support not-for-profit community groups and organisations to provide a range of opportunities for residents;

• Provide equitable opportunity for the community to seek funding assistance from Council;

• Strengthen communities with local responses to identified community needs;

• Facilitate support for initiatives that strengthen the community through opportunities for participation, development, inclusion and sustainability; and

• Assist Council to deliver identified objectives, priorities and strategies and align with the Council Plan.

3 Eligibility

All recreation, service, community, volunteer and fundraising groups which are formally

constituted organisations located within the Yarriambiack Shire Council municipal boundaries are eligible to apply.

4 Ineligibility


for-profit applicants, or applicants operating to support for-profit activity;

schools for curriculum-based activities or where the activity outcome is confined

to the school. This extends to groups and organisations proposing to work with

schools;

religious and political organisations for core operating and administration costs;

groups and organisations considered the responsibility of other levels of

government or non-government organisation (NGO);

groups and organisations experiencing financial hardship as a result of

inappropriate financial management practices including debt repayment activities

individuals

5 Assessment Criteria

The following matters will be assessed in determining if a grant application is successful:

• Addresses a genuine and identified community need; • Aligns with Council’s Plan, corporate objectives, priorities and strategies: • Demonstrates capacity to deliver on the activity and meets the conditions of funding; • Has limited financial capacity and/or means to attract other sources of financial/in-kind

support; • Demonstrates the good use of Council (public) funds.




6 Terms of Funding

The Community Share Grants – Community Building Grants has two annual funding rounds.


All mandatory questions within the application must be fully completed and include all requested attachments.






period.

Auspiced applicants must provide a letter from the auspicing organisation confirming their commitment to the project and willingness to manage funds on behalf of the applicant.


The project budget must detail all expenditure and income items.

If an organisation is auspiced, funds will be paid to the auspicing organisation.

All grants will be subject to the Goods & Services Tax (GST). All organisations must submit one of the following to receive payment:





c) Organisations without an Australian Business Number (ABN) - An invoice for the Grant

amount and a completed Statement by Supplier form.

Council reserves the right to refuse funding.

7 Accountability

Successful applicants must provide a financial acquittal of funds including receipts relating to the grant, and also complete a brief evaluation at the conclusion of the

funding period.

8 Grievance Process



9 Insurance





10 Acknowledgement of Council


11 Step by Step Guide


11.2 Ensure you have completed all required areas of the application form and provided attachments (where required).



o Email: [email protected]

o In person: 34 Lyle Street, Warracknabeal o Mail: PO Box 243, Warracknabeal 3393



Reference Documents

Local Government Act 1989

Yarriambiack Shire Council – Council Plan (2017-2021)

Yarriambiack Shire Council Community Share Grants Funding Program Policy (2019-2022)

Yarriambiack Shire Council – Community Share Grant Funding Program Evaluation Procedure (2019-2022)

Adopted: CEO Approved Date

CEO Name CEO Signature

Reviewed: CEO Approved Review Date

CEO Name CEO Signature



Grant Management Policy

Name Grant Management Policy This Document is Uncontrolled when Printed Responsible Officer: CEO



1. Objective The policy covers all external funding including funding awarded by State and Federal Government, private industry and the community sector. This policy applies to all those within Yarriambiack Shire Council applying for external funding, including all staff and contract staff, employed by Yarriambiack Shire Council.


Yarriambiack Shire Council aims to actively secure external funding to support our strategies and community endeavours. Further to this, Council will be fiscally accountable and transparent in the way in which it allocates, manages, monitors and reports its activities and outcomes.

This policy sets out Yarriambiack Shire Council’s policy pertaining to the application, acceptance and management of designated funding and grants

3. Legislative Context

The principal legislation in Victoria governing the establishment and operation of councils is the Local Government Act 1989.

4. Definitions

Term Definition

Funding Money provided, especially by an organization or government, for a particular purpose.

Grant The term generally refers to funding obtained through a competitive process run by government, corporations, industry or charitable

foundations.

Project Officer

The person in overall charge of the planning and execution of a particular project.

Department Manager

Manager or General Manager responsible for a designated budget area.

Project Mandate

A preliminary document that captures and defines the core project objectives, scope, deliverables, budget and schedule to enable evaluation and approval for the project.

Project Plan A detailed document that captures and defines the core project objectives, scope, deliverables, budget and schedule so that agencies

and clients alike can work together to achieve a focused, desired outcome.

Funding Body An organization or department that provides funds for a particular purpose.

Project Evaluation

A systematic and objective assessment to determine the strategic priorities, identified need, risk, ongoing cost, cultural, heritage and environment aspects of the proposed project.

Funding Agreement

A Funding Agreement is a legal document that outlines the terms, conditions and obligations of funding and accountability for both the funding body and recipient.




5. Applications for Funding (Pre-Award)

All applications for external funding must comply with Council’s policies and procedures, and follow the relevant guidelines and funding rules of the funding body.

Proposals for funding in the form of a Project Mandate must be approved by the Chief Executive Officer.

The Project Officer and Department Manager are responsible for ensuring the project is strategically and financially acceptable to the budget area.

All applications are required to undergo a full evaluation and budget check coordinated

with Asset Services and Corporate Services prior to submission to the Funding body.

The Chief Executive Officer retains the right to defer submission of any application if it is deemed the application is not up to a competitive standard or is harmful to the Council in any way, including potential damage to the integrity or reputation of Yarriambiack Shire Council.

6. Acceptance of Funding (Post-Award)

The Project Officer and Department Manager will work with the funding body to formally accept an offer of funding. For compliance, audit and legal reasons, all related contract/agreement and variation negotiations must be documented in writing, either by a fully executed contract or agreement, or signed correspondence.

All contracts, agreements and variations must be reviewed and approved by the

Department Manager.

The establishment and execution of a funding contract or agreement will be guided by Council policy, specifically the Procurement Policy in reference to delegation and governance.

7. Management of Funds

The Project Officer must ensure that their activities fit within the parameters of the project contract/agreement. Contracts and agreements specify how funds are to be spent, including expenditure against approved budget headings.

Any changes to a contract/agreement must be documented in a revised contract or variation following a formal request either from the Project Officer or Funding Body.

Project Officers are responsible for implementing funded projects according to the terms of funding contracts, including meeting project milestones, outputs and conforming to project budgets.

It is the responsibility of the Project Officer to inform Department Managers of any changes to the project that deviate from those previously agreed to with the funding body.

8. Completion of Projects (Acquittal)

Project Officers are responsible for preparing progress and final project reports.

All funds must be expended in accordance with the funding agreement and the Fraud & Corruption Prevention Policy 2018.

Where specified within the funding agreement/contract completed projects will go

through an acquittal process, and any unspent funds must be distributed as per the contractual specifications. If the contract is silent on remaining funds at the completion of the project, the remaining funds may be used at the discretion of the Chief Executive Officer.

Project Officers are responsible for invoicing funding bodies for grant monies and ensuring project accounts are credited accordingly.




9. Responsibility

Project Officer

• Responsible for the funding application, including the budget, adhering to external funding guidelines and following Council policy and procedure;

• Responsible for liaising with their Department Manager, the Chief Executive Officer, the General Manager Corporate Services, the Manager Asset Services and external stakeholders if required;

• Responsible for meeting all designated internal and external funding application deadlines;

• Completes all aspects of the Project Management Framework requirements for project management.

• Takes the lead in managing the project, including monitoring all expenditure against the approved project budget/account to ensure compliance with contracts/agreements;

• Notifies Department Manager and Corporate Services of any actual or proposed changes to the executed contract/agreement, including, but not limited to,

expenditure of funds, project extensions, etc; • Submits milestone and final project reports to the funding body as per

requirements outlined in the funding agreement. Provides Department Manager and Corporate Services with a copy of all reports.

• Ensures that financial reporting is submitted as obligated in the contract/agreement;

• Produces financial acquittals and ad hoc financial reports in consultation with the Corporate Services: and

• Arrange external audits as per funding body requirements.

Chief Executive Officer

• Through the Project Mandate and the Project Evaluation Process (Council Assets), the Chief Executive Officer recommends further progression of the proposed funding application.

• Has primary responsibility for approving the budgetary implications and infrastructure requirements should the grant application be successful.

Department Managers

• Provides a compliance check of the full proposal before submission to the funding

body.

• Monitors expenditure against approved project budgets/accounts, to ensure expenditure is compliant with contracts/agreements and funding guidelines;


• Coordinates negotiations pertaining to variations, extensions and carry-overs;

Corporate Services

• Provides oversight and support for financial reporting.

• Registers the Funding Agreement/Contract in the Grant Register

Asset Services

• Provides oversight and support for asset management process;

• Coordinates Asset Management Proposal for evaluation by Services Projects Asset Management Working Group (SPAMWG).

• Provides oversight and support for Tender or Request for Quote procedure.

• Maintains file of executed contracts for Tenders and Requests for Quote.




10. Circulation

The Funding Policy will be communicated throughout Yarriambiack Shire Council via:

1. an internal email announcement; and/or

2. inclusion on the Policy, Procedure and Forms list; and/or

3. document distribution.

11. Implementation

The Funding policy will be implemented throughout the Yarriambiack Shire Council via:

1. Information Sessions; and/or

2. Training Sessions.

12. Records Management

Title Location Responsible

Officer

Minimum

Retention

Project Plan & associated documents included in the Project Management Framework

Records General Manager Corporate Services

7 years

Funding Applications Records General Manager Corporate Services

7 years

Funding Agreements, Contracts and variations


7 years after contract has

expired

Policy Adopted: Ordinary Meeting [date]

Minute Book Page [number]

RecFind

Policy Reviewed: Ordinary Meeting [date] Minute Book Page [number] RecFind

CEO Approved Policy


Reviewed:

Grant Management Guidelines

Name Grant Management Guidelines This Document is Uncontrolled when Printed Responsible Officer: CEO



1. Objective

To outline the processes involved in applying for external funding at Yarriambiack Shire Council


The procedure covers all categories of external funding including funding awarded by

State and Federal Government, private industry and the community sector.

The procedure applies to all those within Yarriambiack Shire Council or any controlled entity, applying for external funding, including all staff and contract staff, employed by Yarriambiack Shire Council.

The procedure sets out Yarriambiack Shire Council’s obligations pertaining to the application, acceptance and management of external funding and grants.

3. Legislative Context

The principal legislation in Victoria governing the establishment and operation of councils is the Local Government Act 1989.

4. Definitions

Term Definition

Funding Money provided, especially by an organization or government, for a particular purpose.

Grant The term generally refers to funding obtained through a competitive process run by government, corporations, industry or charitable foundations.

Project Officer

The person in overall charge of the planning and execution of a particular project.

Department Manager

Manager or General Manager responsible for a designated budget area.

Project Mandate

A preliminary document that captures and defines the core project objectives, scope, deliverables, budget and schedule to enable evaluation and approval for the project.

Project Plan A detailed document that captures and defines the core project objectives, scope, deliverables, budget and schedule so that agencies

and clients alike can work together to achieve a focused, desired outcome.

Funding Body An organization or department that provides funds for a particular purpose.

Project Evaluation

A systematic and objective assessment to determine the strategic priorities, identified need, risk, ongoing cost, cultural, heritage and

environment aspects of the proposed project.

Funding Agreement

A Funding Agreement is a legal document that outlines the terms, conditions and obligations of funding and accountability for both the funding body and recipient.




5. Actions

Action Responsibility Comments

Approval to Apply

Project Officer

Department Manager

SPAMWG


Project Officer discusses potential grant and associated project with their Department Manager. Project Officer prepares a Project Mandate. (Project Management Framework)

Project Officer prepares relevant Asset Management Proposal for evaluation by SPAMWG. Chief Executive Officer signs off on Project Mandate.

Development of

Application

Project Officer

Adhering to funding body guidelines

and instructions to applicants, Project Officer prepares supporting documents as required in Project Management Framework.

Development of Budget

Project Officer

Department Manager

General Manager Corporate Services

Project Officer submits draft project budget (included in Project Plan) to

General Manager Corporate Services who provides comment and advice on the draft project budget/s.

If required, the Project Officer makes amendments to the draft budget, following advice provided.

Review Department Manager Department Manager reviews and provides feedback, including technical content.

Final Preparation & Compliance

Review

Project Officer

Department Manager

Project Officer makes final amendments to the application.

Department Manager provides a final compliance check of the full proposal before submission to the funding body.

Department Manager signs off on application using form 4a. Funding Application Authorisation (Project

Management Framework).

Submission Project Officer

CEO

In most cases, the CEO signs the application to the funding body. In some instances, particularly for online applications, the Project Officer will be the authorised person.

At any time the CEO has the discretion to defer applications that have not been submitted through the appropriate channels or the application has included unauthorised commitments, such as cash or in-kind

support.




6. Responsibility

Project Officer

• Responsible for the funding application, including the budget, adhering to external funding guidelines and following Council policy and procedure;

• Responsible for liaising with their Department Manager, the Chief Executive Officer, the General Manager Corporate Services, the Manager Asset Services and external stakeholders if required;

• Responsible for meeting all designated internal and external funding application deadlines;

• Completes all aspects of the Project Management Framework requirements for project management.

• Takes the lead in managing the project, including monitoring all expenditure against the approved project budget/account to ensure compliance with contracts/agreements;

• Notifies Department Manager and Corporate Services of any actual or proposed changes to the executed contract/agreement, including, but not limited to, expenditure of funds, project extensions, etc;

• Submits milestone and final project reports to the funding body as per requirements outlined in the funding agreement. Provides Department Manager and Corporate Services with a copy of all reports.


• Produces financial acquittals and ad hoc financial reports in consultation with the Corporate Services: and

• Arranges external audits as per funding body requirements.


• Through the Project Mandate and the Project Evaluation Process (Council Assets), the Chief Executive Officer recommends further progression of the proposed funding application.

• Has primary responsibility for approving the budgetary implications and infrastructure requirements should the grant application be successful.

Department Managers

• Provides a compliance check of the full proposal before submission to the funding body.

• Monitors expenditure against approved project budgets/accounts, to ensure expenditure is compliant with contracts/agreements and funding guidelines;


• Coordinates negotiations pertaining to variations, extensions and carry-overs;

Corporate Services

• Provides oversight and support for financial reporting.

• Registers the Funding Agreement/Contract in the Grant Register

Asset Services

• Provides oversight and support for asset management process;

• Coordinates Asset Management Proposal for evaluation by Services Projects Asset Management Working Group (SPAMWG).

• Provides oversight and support for Tender or Request for Quote procedure.

• Maintains file of executed contracts for Tenders and Requests for Quote.




7. Records Management

Title Location Responsible

Officer

Minimum

Retention

Project Plan & associated documents included in the Project Management Framework


7 years

Funding Applications Records General Manager Corporate Services

7 years

Funding Agreements, Contracts and variations


7 years after contract has

expired

CEO Approved Guidelines


Reviewed:



M 28 08 2019.docx

13.5 Building Amendment (Swimming Pool and Spa) Regulations 2019 – Prepared by Adam Moar Discussion The Department of Environment, Land, Water and Planning (DELWP) has released the draft Building Amendment (Swimming Pool and Spa) Regulations 2019 for comment following changes to the Building Act 1993 (the Act) last year. The Building Amendment (Swimming Pool and Spa) Regulations 2019 will introduce mandatory requirements for owners of private swimming pools or spas to register their pool or spa with their local Council. In addition, owners will be required to engage a registered building surveyor or building inspector to inspect and certify the compliance of their safety barrier every three years. Local Councils will take charge of this mandatory registration scheme from 1 December 2019, with all pool owners required to register their swimming pool or spa by 14 April 2020. New swimming pools or spas installed on or after 14 April 2020 must be registered within 30 days of the owner receiving the occupancy permit or the certificate of final inspection for the swimming pool or spa. The proposed regulated registration fee is 3.46 fee units (approx. $51), while the material on exhibition indicates a fee of $37. A fine of 10 penalty units ($1652.20) will apply to any swimming pool or spa that is not registered. The regulations will also apply to relocatable pools that have been erected for at least 3 days. Along with the registration each swimming pool or spa owner will be required to submit a Certificate of Pool and Spa Barrier Compliance. The initial certificates will need to be provided by:

30 October 2020 for swimming pools and spas built before 30 June 1994;

30 April 2021 for pools built between 1 July 1994 and 1 May 2010; or

29 October 2021 for all pools built after 1 May 2010.

Every three years a Certificate of Swimming Pool and Spa Barrier Compliance is required to be lodged with Council. This is to ensure the safety barriers around the swimming pool or spa are operating correctly. Failure to lodge the certificate could result in a 10 penalty unit fine. The regulated fee for lodging the certificate with Council is 2.07 fee units (approx. $30), while the material on exhibition indicates a fee of $20. If the safety barriers do not comply the relevant building inspector must issue a Certificate of Swimming Pool and Spa Non-compliance, which also needs to be lodged with Council. The fee for this is up to 26 fee units (approximately $385). A procedure for following this up to gain compliance is outlined in the regulations. The proposed regulations also propose to create a new category of building inspector, being building inspector (pool safety). To become a building inspector (pool safety) will be required to have successfully completed a course in swimming pool and spa barrier inspection approved by the Victorian Building Authority from a Registered Training Organisation and at least 6 months of practical experience.

87



M 28 08 2019.docx

Council will have the additional responsibility to give notice to new owners of a property that there is a registered swimming pool or spa on the land, the applicable safety barrier standard that applies, and when the next certificate of pool and spa barrier compliance is required. This notice is to be triggered when Council receives a notice of acquisition for the property after a sale has been completed. DELWP are seeking feedback on the proposed regulations, with submissions open until 6 September 2019. The full documents are available at www.engage.vic.gov.au. The MAV have produced a draft submission, which is attached to this report. It will be recommended that a submission is made separately by Council that reiterates the additional administrative burden on to Council created by the proposed regulations, and the implications for availability of suitable building inspectors in this area, and comments on the identified questions as attached to this report. Community Considerations The proposed regulations include additional cost implications to property owners where a swimming pool or spa is located which includes:

Initial registration fee ($37)

Lodging of the compliance certificate ($20) every 3 years.

Inspection fees as determined by the relevant building inspector. Where is non-compliance is found additional fees or fines may apply. The supporting information provided with the regulations identifies the following information to support the introduction of the compulsory register: In Victoria, the most common location for fatal drownings of young children is home swimming pools. Between January 2000 and May 2019, there were 27 fatal drownings of young children in private swimming pools and spas in this state. The effects of such tragedies on family, and particularly parents and siblings, are significant and long-term. These incidents also affect the broader community, including neighbours, family friends and emergency services personnel who attended the scene. It is an issue that affects all Victorian pool and spa owners, not just those with young children. According to the Department of Environment, Land, Water and Planning’s (DELWP) analysis of the circumstances surrounding the 27 fatal drownings: • At least 12 took place where child was not a resident of the property; and • One took place at a neighbouring property that the child had gained access to without the knowledge of the pool owner. Drowning incidents can also be non-fatal. On average, for every fatal drowning of a young child in a private swimming pool, there are approximately six non-fatal drowning incidents. The consequences of a non-fatal drowning vary; however, research has found that around 20 per cent of non-fatal drowning events result in some form of long-term behavioural and learning impairment. A severe neurological deficit manifests in 10 per cent of cases. The evidence is clear that non-compliance with the current safety barrier laws is a significant contributing factor in fatal and non-fatal drowning incidents of young children in private swimming pools and spas. Of the 27 fatal drownings since 2000, coronial findings reported that in 20 cases it was found that the safety barrier was non-compliant with the relevant

http://www.engage.vic.gov.au/



M 28 08 2019.docx

technical standard and that this non-compliance may have played a direct role in the fatal drowning. Aside from an absence of adult supervision, the non-compliance of the safety barrier is the single biggest contributing cause to these tragedies. As a result, the Victorian Coroner has recommended strengthening pool safety laws in several findings relating to the fatal drownings of young children. Environmental Considerations Nil. Financial and Risk Considerations The introduction of the mandatory pool and spa register will create an additional administrative burden onto Council, in terms of creating and updating the register, the sourcing of records to establish the construction periods for some pools, undertaking inspections of pools and spas, issuing of certificates, following up on non-compliance, creating three year reminders, and issuing notices upon the sale of properties with pools or spas. Recommendation That Council:

1. Supports the MAV submission title “Swimming Pool and Spa safety Standards.”

2. Submits the comments as attached in to the Department of Environment, Land, Water, and Planning (DELWP)

Resolution Moved Cr C Heintze Seconded Cr K Zanker


Carried

89

Swimming Pool and Spa Safety Standards

Draft Submission

August 2019

This draft has been prepared in response to proposed regulations which can be accessed at engage.vic.gov.au based on our previous consultation with member councils.

We are seeking council input to inform our final submission. Please direct feedback to [email protected] by COB 3 September.

We encourage councils to also make individual submissions to DELWP’s consultation process at engage.vic.gov.au

https://engage.vic.gov.au/new-safety-standards-private-swimming-pools-and-spas


https://engage.vic.gov.au/new-safety-standards-private-swimming-pools-and-spas

MAV Draft Submission – Swimming Pool and Spa Safety Standards

© Copyright Municipal Association of Victoria, 2019. The Municipal Association of Victoria (MAV) is the owner of the copyright in the publication MAV Draft Submission – Swimming Pool and Spa Safety Standards. No part of this publication may be reproduced, stored or transmitted in any form or by any means without the prior permission in writing from the Municipal Association of Victoria. The MAV does not guarantee the accuracy of this document's contents if retrieved from sources other than its official websites or directly from a MAV employee. The MAV can provide this publication in an alternative format upon request, including large print, Braille and audio.

This document has been prepared by the MAV executive as a working draft for discussion on the options available on swimming pool and spa safety regulations. MAV members have not been consulted on its contents.

MAV Draft Submission – Swimming Pool and Spa Safety Standards

Table of contents

1 Introduction ..........................................................................................................................4

2 MAV Feedback ....................................................................................................................5

3 Response to Questions ........................................................................................................7

4 MAV Draft Submission – Swimming Pool and Spa Safety Standards: Type Month Year

1 Introduction

The Municipal Association of Victoria is the peak representative and advocacy body for Victoria's 79 councils. The MAV was formed in 1879 and the Municipal Association Act 1907 appointed the MAV the official voice of local government in Victoria.

Since 1991, pools and spas in Victoria have been required to have barriers meeting prescribed standards. This is due to a recognition of the serious drowning hazard they pose.

However, Victoria has not had an effective compliance regime to ensure those standards are met. Evidence from councils suggest that current rates of compliance are less than 10%.

Parental supervision is the key to pool safety.A functioning inspection regime can provide additional protections to ensure that momentary lapses do not have tragic and irreversible outcomes. The Victorian Coroner has repeatedly cited non-compliance with barrier standards as a contributing cause to drownings, and called for action to address this.

The MAV largely supports the framework proposed in the draft regulations. It is in line with our understanding of the evidence and the views of expert stakeholders. In many ways this is a positive step forward

In 2017, the MAV sought the views of our member councils on this issue. 38 of Victoria’s 79 councils responded. Those responses were overwhelmingly in favour of a mandatory registration and inspection regime. 3 councils supported mandatory registration of pools and spas and 36 councils supported mandatory regular inspections.

Administering a mandatory inspection regime imposes a significant burden on council resources. We believe it is necessary and justified to set fees to meet full cost recovery for councils. Pool owners, and not other ratepayers, should bear the cost of ensuring pool safety.

We understand many pool owners will be resistant to increasing the costs of owning a pool. Those without children in particular may wonder why this applies to them. In a significant proportion of fatal drownings, the victim did not reside at the property in question. In some cases they have accessed the pool without the knowledge of the pool owner. We must ensure that all pools are safe through having a compliant barrier.

It is unlikely that councils will realise a net profit from the implementation of this regime. Proposed maximum fees have been modelled based on expected costs.Councils would face significant pressure from their community not to overcharge. Some councils may choose to operate an inspection service, in which case they would be competing against private practitioners in a commercial market.


2 MAV Feedback

The MAV largely supports the preferred options set out in the Regulatory Impact Statement. We draw attention specifically to the below issues in addition to our responses to the questions below.

Guidance for practitioners

The VBA must produce effective guidance for practitioners and pool owners to accompany the regulations. Of particular importance is guidance for private inspectors. Under the proposed regulations, an inspector must immediately issue a certificate of non-compliance if “the non-compliance of the barrier with the applicable barrier standard poses a significant and immediate risk to life or safety”. We believe practitioners will require guidance on the interpretation of this requirement. In the absence of appropriate guidance, practitioners may choose to refer any issue of non-compliance to councils via a non-compliance certificate. Due to limited council resources, this would undermine the entire operation of the proposed system.

Lack of accessible records

In many cases, councils do not have accurate and accessible information about pools in their municipality. This will mean a significant burden in determining the construction date of pools, particularly older pools, as required under the regulations. Building permit records may be incomplete, missing, or difficult to access. Due to this, the initial registration period will be challenging for councils. The State should make administrative support available for those councils that require it.

Implementation timelines

There are four key dates proposed by the regulations, that for initial registration of all pools and spas, and three different dates for initial lodgement of a certificate based on the date of construction. Each of these dates will result in significant workload for councils. We are concerned that the proposed timeframes will not enable councils to complete the work generated by one deadline prior to the next occurring.

Sale or lease of land

A number of issues relating to the sale or lease of land need addressing as a priority: A current certificate of barrier compliance should be required as a part of Section 32

information for prospective buyers A current certificate of barrier compliance should be required prior to entering into a

residential rental agreement Consideration given to how to address responsibilities falling own land owners for

relocatable pools owned by tenants CPR Signage


We support Life Saving Victoria’s view that CPR signage should be required. This would come at minimal cost to the pool owner. It serves both to assist proper application of CPR, and as a visible reminder of the potential risk of drowning.

Auditing

Auditing of this regime will be challenging for the VBA. Existing audits depend on the VBA having access to building work. We believe pool owners could be reluctant to give the VBA access to their property to do secondary inspections and determine whether a certificate has been issued correctly. A lack of information relating to inspections on the pool register may also hamper the ability to conduct audits. Data on when and where particular inspectors have undertaken inspections would be valuable in identifying where due care may not be given. A high volume of inspections in a short period may serve as an initial red flag.

Barrier improvement notices

The power to issue a barrier improvement notice should lie with the Municipal Building Surveyor rather than council. This would be consistent with other similar powers under the Act and Regulations.


3 Response to Questions

Chapter 2—Proposed regulatory approach 1. Do you agree that there should be no prescribed fee for the carrying out of an inspection and certification of a safety barrier? Please explain your response.

We are wary of the potential for a race to the bottom by practitioners offering inspection services. The VBA should take an active role in monitoring the performance of inspectors. Particular regard should be given to where an inspector purports to have undertaken numerous inspections on the same day. This may indicate that a lack of due care is being given to the inspections.

If the oversight of inspectors proves to be ineffective, DELWP should consider introducing a prescribed minimum fee for inspections at a later date.

2. Do you agree that there should be no prescribed fee for councils to carry out information searches in relation to determining the date of construction of pools and spas? Please explain your response.

Due to changes in record practices, the difficulty of performing an information search will vary considerably from pool to pool and council to council. In general, the older a pool is the more difficult it will be to provide information on that pool.

However, there is not a clear reason for why the owner of an older pool should incur this increased cost rather than it being spread across all pool owners. This cost will most commonly be incurred when establishing the date of construction of a pool upon its initial registration. This cost should be incorporated into calculating the prescribed maximum fee for registration.

If the registration fee doesn’t adequately accommodate this, the Victorian Government should provide councils with support to manage this administrative burden during the initial registration period.

3. If you believe that a separate fee for council information searches should be charged, do you believe that the fee should be prescribed via regulations or set by individual councils? Please explain your response.

N/A

4. Do you agree that there should be no requirement for renewal of registration? Please explain your response. We support the option to not require renewal of registration. Administrative burden is largely front-ended with the initial registration, and then associated with periodic lodging of documents. Chapter 3—Registration 5. Do you support mandatory registration of all swimming pools and spas? Please explain your response.

We support the mandatory registration of all swimming pools and spas. Current levels of compliance with requirements for barrier fences are extremely low. A mandatory scheme is required to address non-compliance and the resulting potential for significant harm.

6. Is the proposed deadline of 14 April 2020 for owners of existing swimming pools and spas to apply to register an appropriate timeframe? Please explain your response.

This timeframe is appropriate.

7. Is the requirement for a registration application for new swimming pools and spas to be submitted within 30 days of the owner’s receipt of a certificate of final inspection/occupancy permit appropriate? Please explain your response.

This timeframe is appropriate.


8. Do you support no fee being required for an application to remove a swimming pool or spa from the register? Please explain your response.

No. Removal of the pool from the register requires the council be satisfied that the pool or spa no longer exists or has capacity to contain water that is more than 300mm deep. Councils may be unwilling to approve the removal of a pool from the register without inspecting the property. A fee to address this would be appropriate.

9. Do you agree with the information proposed to be prescribed as required to be kept on the register? Please explain your response.

All the information proposed to be prescribed on the register is appropriate.

10. Is there any other information that should be required to be included on the register? Please explain your response. The information on a certificate (of barrier compliance or barrier non-compliance) is directly relevant to the operation of the inspection and registration regime. We understand that the provisions in the Act may not currently support prescribing that copies of certificates be included on the register. The Department should investigate whether a legislative change allowing this to occur would be feasible, and provide advice to the Minister accordingly. However, there may also be benefit in transcribing some of the information on a certificate directly into the register. This would ensure that key information can be easily searched and compiled, which may not be the case with a scanned version of a physical document. This information should be limited to that which is relevant across multiple properties to lessen the need for data entry by council. For any certificates issued, the identity of the pool inspector and the time of inspection should be included on the register directly. This would enable the VBA to assess at a glance the frequency with which an individual inspector is undertaking inspections. Where an inspector is reporting a large number of inspections in a short space of time, it may indicate they are not performing those inspections with due care. This could be an important prompt for the VBA to investigate further. This information would also give some insight into the health of the industry. 11. What, if any, additional obligations should be placed on councils to keep the register up to date? For example, if after inspecting a safety barrier, an inspector believes that the applicable barrier standard recorded on the register is not accurate, should council be required to update the register? Or can this be left to the discretion of councils?

None. The responsibilities under the Act are sufficient.

12. Do you have any information or data supporting an amendment to the requirements in relation to windows in walls used as barriers for pools constructed prior to 8 April 1991? If so, what amendments should be introduced to address these issues?

No.

13. Do you have any information or data regarding how many swimming pool and spa barriers are likely to have multiple applicable barrier standards, i.e. because of alterations to part of a barrier?

No.

14. To what extent do you believe a system of mandatory self-assessment by owners of the compliance of their safety barriers would increase the safety of swimming pools and spas across Victoria? Please explain your response.

The availability of a self-assessment tool may assist owners in non-inspection years, as well as in preparing for an inspection.


However, the limited uptake of the VBA’s voluntary register is informative. Self-assessment can at-best perform a supplemental role in improving compliance.

15. Do you agree that councils should be responsible for determining the date of construction? Please explain your response. Yes. Councils have access to records of historical building approvals, which should be the primary source for determining date of construction. Unlike pool owners, councils do not have a potential incentive to overstate the age of a pool thus making it subject to less stringent requirements. Chapter 4—Inspection and Certification 16. Do you agree that the average period for operable components of a barrier to fail in the absence of appropriate maintenance is approximately three years? Please explain your response.

Yes. This matches discussions we have had with a number of stakeholders.

17. Do you agree with the proposed timeframes for when owners of swimming pools and spas constructed or under construction prior to 14 April 2020 must provide their first certificate of pool and spa barrier compliance? Please explain your response.

We agree that pools should be brought into compliance as soon as reasonably practicable. However, we have concerns about the proposed timeframes. The initial registration and first lodgement period will be the most challenging and resource intensive period for councils. We are concerned that the current proposed dates will result in a new deadline being reached when the work required by the previous deadline is still occurring.

We have very little data on this. Looking for MBS feedback on:

How long from the initial registration date should the lodgement date for the first set of pre-existing pools be? (Currently five and a half months)

How far apart should the initial lodgement deadline for each set of pre-existing pools be? (Currently 6 months)

18. How long does it usually take councils to resolve matters of swimming pool and spa safety barrier non-compliance? Which factors influence the time taken (e.g. age of barrier)?

We do not have data on this, however feedback from MBSs indicates that with the existing tools available bringing a barrier into compliance can be onerous. This is particularly the case where the pool owner is unwilling to cooperate.

19. Do you believe that 30 days is an appropriate maximum ‘currency’ period for the lodging of a certificate of pool and spa barrier compliance? If you believe an alternative period is more appropriate, please indicate the period in your response.

Yes.

20. If periodic inspection and certification of barriers is required under the new scheme, what is the most appropriate interval for requiring owners to provide a new certificate of barrier compliance? Please explain your response.

Three years is an appropriate interval to lodging a certificate of barrier compliance. This matches our understanding of the timeframes with which compliance issues will arise.

21. Do you consider the size of the existing cohort of registered building surveyors and building inspectors to be enough to support the efficient and effective operation of the proposed scheme? Please explain your response.

No. Building Surveyors and Inspectors are already in significant demand. A new class of practitioner is required to fulfil the proposed workload.


22. If the new building inspector (pool safety) class is to proceed, are the proposed qualification and experience requirements suitable for the proposed scope of work? Please explain your response.

Yes. We support the ability of the VBA to accept the relevance of experience under a practitioner other than an inspector or surveyor on a case-by-case basis. We think that inspectors being registered following a potentially short course with no practical experience would carry risk of inspections not being undertaken with due care or expertise.

23. Do you foresee any issues with applicants for the new building inspector (pool safety) class successfully meeting the proposed experience requirements? Please explain your response. Initially there will likely be difficulties for new practitioners in gaining the required experience. However, as discussed in Question 22 experience forms an important part of the requirements for inspectors. Chapter 5—Procedures for dealing with non-compliant barriers 24. How effective do you believe the current enforcement powers available to MBSs under the Building Act are at addressing non-compliance of swimming pool barriers? Please explain your response.

MBSs report that it using their current powers to address barrier non-compliance is onerous. This is exacerbated where an owner is unwilling to cooperate. Powers of entry are also heavily restricted with regard to residential premises where these pools are located.

25. Do you agree with the proposal to provide swimming pool and spa inspectors with discretion to oversee the rectification of minor instances of non-compliance? Please explain your response.

Yes. This will hopefully significantly reduce the instances where councils need to take a direct enforcement role. This will have benefits for both council resources and the speedy resolution of minor non-compliance.

26. Is it likely that there will be many instances of non-compliance identified where the inspector forms a belief that there is no significant and immediate risk to life or safety? Please explain your response.

Guidance will need to be provided to inspectors through a VBA practice note to provide them with some comfort around when they are not expected to refer issues immediately to councils.

27. Is the proposed maximum period of 20 business days the appropriate limit for the period that inspectors can provide owners to address non-compliance? Please explain your response.

Yes. This is an appropriate timeframe for rectification where there is not an immediate risk.

28. Are there any other criteria, apart from the immediacy of risk of young children gaining unsupervised access to the swimming pool or spa, that should be considered in prescribing matters for this purpose? Please explain your response.

No. This should be the basis for determining in what circumstances non-compliance should be immediately referred to council.

29. Are the non-compliance matters proposed to be prescribed as always requiring the immediate lodgement of a certificate of pool and spa barrier non-compliance with council appropriate? Please explain your response.

The four matters prescribed in draft Regulation 147ZF(c) appear sufficient. As addressed in Question 26, guidance will be required for inspectors around interpretation of when non-compliance does and does not pose a significant and immediate risk to life or safety.

30. Are there any matters that are not listed that should be prescribed in the proposed Regulations? Please explain your response.

No.

31. Is there an approach other than the proposed barrier improvement notice process, that would better assist councils to effectively and efficiently respond to non-compliance raised through lodgement of certificates of pool and spa barrier non-compliance? Please explain your response.


We hope the barrier improvement notice process will serve to bring many barriers into compliance. It is far simpler for councils to use this tool than existing tools under the Act.

Given the number of different powers available to the MBS, it would be beneficial to all parties for DELWP to work with councils, MAV, and the VMBSG to prepare guidance for MBSs. This would provide more certainty and consistency in the application of those powers.

DELWP should consider vesting the power to issue a barrier improvement notice in the MBS rather than council. This would be consistent with other powers under the Act and Regulations.

32. Do you agree that 14 days is a reasonable minimum period of time for owners to be required to comply with a barrier improvement notice issued by a council? Please explain your response.

Yes. Where a shorter period is justified due to an immediate risk, other options including emergency orders remain open to the MBS.

33. Do you believe the existing exemptions in items 3 and 4 of Schedule 3 to the Building Regulations cover repair, renewal, maintenance, or alterations work on a swimming pool or spa barrier? Please explain your response. The existing exemptions are open to interpretation regarding in what circumstances they would apply to maintenance for a barrier fence. 34. Do you agree with the proposal to insert a new item into Schedule 3 that would exempt certain work involving replacement of parts of a swimming pool or spa barrier form the building permit requirements? Please explain your response.

Yes. See question 33.

35. Are the limitations on the proposed exemption relating to the replacement of safety barrier parts appropriate? Is it necessary to broaden or lessen the application of the proposed exemption in some manner? Please explain your response.

Yes, these restrictions appear appropriate. They allow a pool owner to have minor works carried out following an inspection, while recognising that some work should still require a building permit.

Inspectors will need to consider the timeframes of receiving a building permit when determining if the barrier is likely to be compliant within the required timeframes. This influences whether they should immediately issue a certificate of barrier non-compliance. Similarly, councils should have some regard to these timeframes when receiving a certificate of barrier non-compliance and deciding on their appropriate response.

Guidance on these matters would assist in ensuring a consistent response.

36. How much is it likely to cost owners to appoint a building surveyor to oversee building work to rectify a non-compliant safety barrier? Please explain your response. We do not have this data. Chapter 6—Relocatable pools 37. Do you have any data or information regarding the number of relocatable pools sold that have a depth of at least 300mm, but which do not constitute a ‘structure’ as discussed in section 6.6?

No.

38. Do you have a view as to whether an amendment to Building Act should be made to ensure that its requirements apply to all relocatable pools with a depth of at least 300mm? Please explain your response.

Relocatable pools are by far the most challenging aspect of these reforms.


While the drowning hazard presented by a pool relates to depth rather than the form the pool takes, we must also consider the practicability of enforcement.

There is not an effective way under the Building Act to regulate pools and spas that do not fall under the definition of a building or structure. This would require the Building Act, and thus councils under Section 212, to enforce barriers around single-piece inflatable pools, clamshell pools, etc. The Building Act is not conducive to such a task, nor are councils resourced to undertake it.

There must be significant community education alongside these changes. This must address not only which pools require registration, but also the risks associated with other pools and how to address them.

39. Are there alternative means for ensuring that landlords are not unfairly burdened by the actions of their tenants in relation to the erection of a relocatable pool? Please explain your response.

This must be primarily addressed through discussions with CAV and potential changes to the Residential Tenancies Act or regulations.

40. What is the current rate of compliance amongst relocatable pool owners applying for building permits to erect their pools?

We do not have this data, however compliance is likely to be lower than that of permanent pools.

41. Do you support exempting the erection of all relocatable pools from the requirement to apply for a building permit? Please explain your response.

Yes. It is impractical to require relocatable pools to require a building permit to erect. Requiring this would also be a significant waste of the limited resources of building surveyors in Victoria. However, owners of relocatable pools must be made more aware of the requirements on them. This includes both the requirement to register a pool, as well as ensuring a compliant barrier fence is in place.

42. Do you agree that it is reasonable to only require the registration of a relocatable pool or spa once it has remained erected for three consecutive days? Please explain your response.

Yes. We agree that there should be a timeframe attached to this. Three days, being more than a weekend, appears to be a reasonable threshold to set.

43. Do you believe that the registration requirement for relocatable pools and spas can be effectively enforced? Please explain your response.

This will be challenging for councils to enforce. If a council desires to, they could take a number of approaches to identify pools within their municipality. This includes aerial photography, building permit data, and real estate listings. These measures are largely impractical for relocatable pools. Identification of relocatable pools (where the owner does not register them voluntarily) will likely be complaint based.

The three-day threshold only applies to registration of a pool. Regardless of how long a pool is erected for, it must have a compliant barrier. If the MBS deems it appropriate, they have other powers available to ensure a compliant barrier is in place.

44. Do you have any information regarding how many relocatable pools are likely to be left in place for longer than three days?

No.

45. Do you think that the fee for the registration of a relocatable pool should be the same as for a permanent pool? If not, please indicate an appropriate fee and the reasons why the registration fees should be different.

Yes, they should be the same.

46. Do you agree with the proposed requirement that councils will nominate when the first certificate of pool and spa barrier compliance is required to be provided for a relocatable pool or spa, not being more than 30 days after it was registered? Please explain your response.


Yes. Thirty days strikes a balance between allowing reasonable time for an owner to arrange an inspection, and ensuring the barrier is compliant in a timely manner. Standard notification of this date should draw the owner’s attention to the potential need for rectification work, and advise them to incorporate that in their timing of an inspection. Chapter 7—Additional regulatory options considered 47. To what extent do you believe mandatory CPR signage would contribute to a reduction in fatal drownings and lessen the impacts of non-fatal drownings of young children in private swimming pools and spas across Victoria? Please explain your response.

We support the position of Life Saving Victoria to require mandatory CPR signage. The purchase and placement of CPR signage represents minor additional cost to a pool or spa owner. In addition to the potential benefits to proper performance of CPR, signage would serve as a reminder to potential drowning risks.

48. To what extent do you believe a mandatory warning notice like that required in NSW would promote the safe use of private swimming pools and spas across Victoria? Please explain your response.

If desired, this could be incorporated into an approved form of CPR signage.

49. Do you believe the Building Regulations should allow for lockable spa lids to be used as an alternative means of complying with the requirement for spas to be enclosed by a compliant safety barrier in Victoria? Please explain your response.

We do not believe lockable spa lids have been demonstrated to provide adequate protection compared to barrier fences.

In addition to this, by their nature lockable lids must be able to be fixed in an open position to allow for use of the spa. This is fundamentally inconsistent with the rationale that barrier fences must be self-closing.

50. If you agree that lockable spa lids are an acceptable alternative to a safety barrier, are there any limitations on the types of lids that should be accepted? Please explain your response.

N/A

51. If lockable spa lids are accepted as an alternative to a safety barrier, what is an appropriate method of ensuring that they are effective in preventing access to the spa by young children? For example, is it necessary that they be inspected by an independent third party; or, should owners be required to use a self-assessment checklist; or is there another mechanism? As above, we do not support the use of lockable spa lids as an alternative to a barrier fence. If spa lids were allowed as an alternative, they should be inspected in a similar manner to barrier fences and not by self-assessment. Chapter 10—Implementation, evaluation and forward work program 52. Do you believe including information regarding certificates of pool and spa barrier compliance in the due diligence checklist under sale of land obligations would promote the safety of swimming pools and spas across Victoria? Please explain your response.

Yes. It is important that land owners are made aware of obligations they have with regards to swimming pools and spas. However, this alone is not sufficient (see Question 53).

53. Do you think amending regulation 51(1) of the Building Regulations so potential purchasers can request information regarding the existence of a certificate of pool and spa barrier compliance from the relevant council is sufficient to allow them to fully inform themselves regarding the status of a pool or spa? Please explain your response.


Where a pool or spa exists, the most recent certificate (whether for compliance or non-compliance) should be required to be included in the Vendor Statement prepared under Section 32 of the Sale of Land Act. We recognise this would require legislative change. We strongly urge that DELWP further discuss this with Consumer Affairs Victoria and the relevant Minister.

Requirements under Section 32 would be the best method to ensure that the potential buyer is aware of their future responsibilities and the current condition of the pool or spa. The ability for a potential buyer to proactively seek out the existence of a certificate does not achieve the same end.

54. Have you ever purchased a property with a swimming pool or spa? If so, what was the condition of the safety barrier?

N/A

55. Do you think including a compliance certificate as part of the prescribed information under the Residential Tenancies Act 1997 would promote the safety of swimming pools and spas across Victoria? Please explain your response.

Yes. This would assist in ensuring compliance and educating renters about compliance and the risk posed by a pool.

56. Do you think including a certificate of compliance on the condition report for residential rental properties would promote the safety of swimming pools and spas across Victoria? Please explain your response.

Yes. See Question 55.

57. Do you have any information regarding how many residential rental properties have swimming pools or spas?

No.

58. Have you ever rented a property with a swimming pool or spa? What was the condition of the barrier? If the barrier was in a poor condition, did the owner repair the barrier? N/A

New safety standards for private swimming pools and spas

Submission form

1. Do you support the mandatory registration of all private swimming pools and spas?

Yes (proposed) / No.

Comment: We support the mandatory registration of all swimming pools and spas. The current

compliance level with the requirements for pool and spa barrier fences within the municipality is

unknown. The mandatory scheme would work to address non-compliance and the resulting

potential for significant harm.

2. Are the proposed fees that owners must pay for registration and certificate lodgement

reasonable?

Registration: $37 (one-off fee)

Lodgement of certificate of pool and spa barrier compliance: $20 (every three years)

Lodgement of certificate of pool and spa barrier non-compliance: $385 (if certain non-

compliance is found during the three-yearly inspection)

Yes / No

Comment: However, the fee units and the figures will need to be updated. The proposed regulations

have the registration fee as 3.46 fee units, which at $14.81 each, equates to $51.25, and the

lodgment fee is 2.07 fee units, equating to $30.65.

3. The proposed regulations set out dates that owners of existing pools and spas must take certain

actions by:

– Registration of existing pools and spas: 14 April 2020.

– Lodgement of first certificate of pool and spa barrier compliance with council

for pools and spas constructed 30 June 1994 or earlier: 30 October 2020

for pools and spas constructed between 1 July 1994 and 1 May 2010: 30 April 2021

for pools and spas constructed from 1 May 2010: 29 October 2021.

Do you think these timeframes are reasonable?

Yes / No

Comment: Notwithstanding this, provisions will need to be made to ensure there are an adequate

number of suitably qualified building inspectors to be able to ensure inspections and certificates can

be issued in time. The VBA should also be extremely active in this time to undertake random audits

to ensure each certificate has been issued correctly and the pool or spa has been suitably inspected.

4. Do you agree with the creation of the proposed new class of building inspector (pool safety) for

inspecting and issuing certificates for pool barriers?

Yes / No

Comment: This will allow for an increased number of people to be able to undertake the required

inspections.

Are the following prescribed qualifications appropriate for the proposed new class of building

inspector (pool safety)?

– The successful completion of a course in swimming pool and spa safety barrier

inspection approved by the Victorian Building Authority from a Registered Training

Organisation; and

– At least 6 months of practical experience.

Yes / No / Other (please specify)

Comment: Not our area of expertise to assess whether this is a suitable qualification and/or if 6

months is a suitable length of time for experience.

5. How often do you believe pool and spa barriers should be inspected and certified as compliant?

Every 2 years / Every 3 years (proposed) / Every 4 years / Only prior to sale or lease of the property /

Other

Comment: Every 3 years and on the sale of a property. It should be the responsibility of the current

owner to ensure that the safety barriers are compliant before the sale of the property.

6. Should pool and spa owners be required to display CPR signage near pools and spas?

Yes / No (proposed)

Comment: If it is determined that it the requirement for CPR signage is not mandatory it should be

strongly encouraged to be displayed. The VBA website should provide an up to date CPR poster, or

link to, for owners to display if they choose to.

If it is determined that CPR signage is required, the regulations should require it to be in a legible

format, include a date of printing, and a requirement for it to be replaced every 6 years (or other

date to keep the information relevant).

7. Do you believe that the proposed registration, inspection and certification requirements should

also apply to relocatable pools?

Yes / No / Other (please specify)

Comment: The regulation of relocatable pools is and will be difficult. With an area as large as the

Yarriambiack Shire the identification of the location of these pools and the length of time they have

been installed for, in addition the requirement to have the appropriate safety barrier place and

inspected will be difficult to enforce.



M 28 08 2019.docx

14 OTHER BUSINESS

(including strategic direction and specific issues) Write to VicRoads regarding;

- Lyle Street Scott Street roundabout and getting it resurfaced. - Donald Minyip Road. Deteriorating conditions and starting impact traffic flow.

Moved Cr J Wise seconded Cr H Ballentine that standing orders be suspended at 10:50am Carried Moved Cr J Wise seconded Cr H Ballentine that standing orders be resumed at 11:00amam Carried Moved Cr J Wise Seconded Cr H Ballentine that Council move into Closed Session

Carried

CEO J Holmes left Council Chambers at 11:34am CEO J Holmes returned to Council Chambers at 12:15pm

Moved Cr H Ballentine Seconded Cr C Heintze that Council move back into Open Session

Carried

Moved Cr J Wise Seconded Cr T Hamilton that Council bring the closed recommendation into Open Session Carried

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M 28 08 2019.docx

15 REPORTS FOR DECISION – CLOSED SESSION 15.1 Annual Performance Review of Chief Executive Office Jessie Holmes Recommendation: 1. That Council adopt this Performance Appraisal Report for its Chief Executive

Officer, Ms. Jessie Holmes for 2018/2019. 2. That the Remuneration paid to the Chief Executive Officer under the terms of the

CEO Employment Contract be increased by 1.95%, effective from the anniversary of the commencement date of her Employment Contract.

3. That Council agree to the CEO’s Professional Development Program as set out in this Report

4. That this Report remain confidential and the Shire’s Mayor be authorised to make general comments, if necessary, around the appraisal process and outcomes.

Resolution Moved Cr K Zanker Seconded Cr J Wise


Carried ATTACHMENTS / REPORTS NEXT MEETING

The next meeting of Council will be held on Wednesday, 25 September 2019 at 9:30am at Warracknabeal.

CLOSE ___________________ Mayor

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