ordinary meeting of council agenda - benalla.vic.gov.au law 1 – meeting procedures) po box 227, 1...

Agenda – Ordinary Meeting of Council 1 June 2016

Ordinary Meeting of Council

Agenda

Date: Wednesday 1 June 2016

Time: 5pm

Venue: Civic Centre (Council Meeting Room)

13 Mair Street, Benalla Members of the Community are welcome to attend the Meeting. A Public Question time is provided at Council Meetings giving members of the public an opportunity to submit questions to Council. (A prepared question may be submitted to the Chief Executive Officer on the day of the Council Meeting or a question without notice may be raised at the meeting. Local Law 1 – Meeting Procedures)

PO Box 227, 1 Bridge Street East Benalla Victoria 3671

Tel: 03 5760 2600 Fax: 03 5762 5537 [email protected]


BENALLA RURAL CITY COUNCIL

Contents 1. Apologies ................................................................................................................................... 4

2. Statement of Commitment ....................................................................................................... 4

3. Confirmation of the Minutes of Previous Meeting ................................................................. 4

4. Disclosures of Conflict of Interest .......................................................................................... 5

5. Presentation of Petitions .......................................................................................................... 5

6. Mayor and Councillors’ Report ................................................................................................ 6

7. Presentation of Reports by Councillors ............................................................................... 11

8. Presentation of Reports by Committees .............................................................................. 11

8.1 Planning and Development Committee ............................................................................ 11

8.2 Finance and Operations Committee ................................................................................. 13

9. Presentation of Reports by Officers ..................................................................................... 17

9.1 Appointment of Acting Mayor ........................................................................................... 17

9.2 North East Waste and Resource Recovery Implementation Plan ................................... 18

9.3 Council Actions Pending................................................................................................... 21

10. Notices of Motion .................................................................................................................... 22

10.1 2016/02 Rural Living Campaign ....................................................................................... 22

11. General Business .................................................................................................................... 23

12. Assemblies of Councillors, Advisory and External Committee Reports .......................... 23

13. Public Question Time ............................................................................................................. 23

14. Authorisation of Signing and Sealing of Documents.......................................................... 24

14.1 Contract CM16.034 - Provision of engineering consultancy services panel .................... 24

14.2 Code of Conduct for Councillors ...................................................................................... 24

15. Confidential Business ............................................................................................................ 26

16. Presentation of Confidential Reports by Councillors ......................................................... 27

17. Presentation of Confidential Reports by Committees ........................................................ 27

17.1 Planning & Development Committee ............................................................................... 27

17.2 Finance and Operations Committee ................................................................................. 27

18. Presentation of Confidential Reports by Officers ............................................................... 28

18.1 Tenders for Contract CM16.041 - Provision of insurance brokerage, underwriting and associated services .......................................................................................................... 29

18.2 Tenders for Contract CM16.012 - Benalla Airport eastern glider runway extension ........ 35

18.3 Tenders for Contract CM16.013 - Benalla Airport aviation fuel facility ............................ 43

18.4 Confidential Council Actions Pending .............................................................................. 53

19. Reopening of Meeting to the Public ...................................................................................... 54

20. Closure of Meeting .................................................................................................................. 54



MEMBERS OF THE GALLERY Your attention is drawn to Section 114 of Council’s Local Law No. 1 – Meeting Procedures. Section 114 Chairman’s Duties and Discretions (1) In addition to other duties and discretions provided in this Local Law, the Chairman

(a) must not accept any motion, question or statement which appears to the Chair to be incorrect, derogatory, defamatory or embarrassing to any Councillor, member of Council staff, ratepayer or member of the public;

(b) may demand the withdrawal of any inappropriate statements or unsubstantiated allegations;

(c) may call on a Councillor to withdraw, and apologise for, any expression used by that Councillor during the meeting which was offensive or disorderly;

(d) must call to order any person who is disruptive or unruly during any meeting; (e) must ensure silence is preserved in the Visitors’ Gallery during any meeting;

and (f) must call to order any member of the public gallery who approaches the

Council/Committee table during the meeting.

(2) A person who does not withdraw an inappropriate statement or unsubstantiated allegation when demanded by the Chairman to do so is guilty of an offence. (Penalty: 1 Penalty Unit)

(3) A Councillor who does not withdraw an expression used during the meeting which

was offensive or disorderly, and who fails or refuses to apologise when twice called on by the Chairman to do so, is guilty of an offence. (Penalty: 1 Penalty Unit)

(4) A person who disrupts a meeting or during a meeting behaves in an unruly manner,

and who fails to come to order when called to order, is guilty of an offence. (Penalty: 1 Penalty Unit).

(5) An Authorised Officer must, if directed to do so by the Chairman, remove from a

meeting any Councillor or other person who has committed an offence under clause 114(2) or (3).

Your cooperation would be appreciated. Tony McIlroy Chief Executive Officer



Agenda Chair Cr Justin King (Mayor) Councillors Cr Barbara Alexander Cr Ellen Crocker Cr Peter Davis Cr Suzy Martin Cr Margaret Richards Cr Andrew Vale In attendance Chief Executive Officer Tony McIlroy General Manager Development and Environment Veronica Schilling General Manager Corporate and Community Robert Barber Manager Facilities Greg Robertson Governance Coordinator Jenny Rintala 1. Apologies 2. Statement of Commitment I declare / that as a Councillor of Benalla Rural City / I will undertake on every occasion / to carry out my duties in the best interests of the community / and that my conduct shall maintain the standards of the Code of Good Governance / so that I may faithfully represent / and uphold the trust placed in the Council by the people of Benalla and District. 3. Confirmation of the Minutes of Previous Meeting Recommendation: That the Minutes of the Ordinary Meeting of Council held on Wednesday 4 May 2016 and the Special Meetings of the Council held on Tuesday 3 May 2016 and Wednesday 25 May 2016 be confirmed.



4. Disclosures of Conflict of Interest

Conflict of Interest – requirements of Councillors, special committee members and Council staff

Pursuant to the Local Government Act 1989 a Councillor, member of a special committee or member of Council staff who has a direct or indirect conflict of interest in respect of a matter which is to be or is likely to be considered or discussed must:

– Make a full disclosure of that interest by advising of the class (ie direct or indirect) and nature of the interest immediately before the matter is considered at the meeting or in writing to the Chief Executive Officer prior to the meeting. Where the disclosure is made to the Chief Executive Officer in writing, the Councillor or member must only disclose the class of the interest to the meeting, immediately before the matter is considered.

– If the Councillor or member will not be present at the meeting, make a full disclosure to the Chief Executive Officer or Chairman of the meeting, in writing, of the class and nature of the interest. If a Chairman is given a written disclosure, he or she must give the written disclosure to the Chief Executive Officer.

The CEO must keep written disclosures for three years after the date the Councillor or member who made the disclosure ceases to be a Councillor or member, and destroy the written disclosure when the three year period expires.

While the matter is being considered or any vote taken, the Councillor or member with the conflict of interest must leave the room and notify the Mayor or Chairman he or she is doing so. The Mayor or Chairman must notify the Councillor or member he or she may return to the room after consideration of the matter and all votes have been cast.

The minutes of the meeting must record any disclosures of conflict of interest, the class of the interest and if the Councillor or member has disclosed the nature of the interest to the meeting, the nature of the interest.

A failure by a Councillor or member to comply with Section 79 of the Act may result in a penalty of up to 120 penalty units and disqualification under section 29(2) of the Act.

Refer Sections 76, 77, 78 and 79 of the Local Government Act 1989 5. Presentation of Petitions



6. Mayor and Councillors’ Report

E349 Gail Brown – Executive Assistant to the CEO, Mayor and Councillors

Tuesday, April 26

Councillor Crocker and Councillor Davis attended the Benalla Performing Arts and Convention Centre Board of Management meeting

Councillor Crocker attended the P-12 College Board meeting

Wednesday, April 27

The Mayor, Councillor Alexander and Councillor Richards attended the Mental Health Round table discussion

Councillor Crocker attended the Benalla Botanical Gardens Adventure Park Project Control Group meeting

The Mayor conducted his fortnightly radio interview

The Mayor met with the Editor of the Benalla Ensign

Councillor Martin attended the Benalla Art Gallery Exhibitions Reference Group meeting

Councillor Martin and Councillor Crocker attended the Benalla Art Gallery Exhibitions Reference Group in relation to the Music Program

The Mayor attended a briefing with the CEO

The Mayor and Councillors with the exception of Councillor Vale attended the Finance and Operations Committee meeting

The Mayor and Councillors with the exception of Councillor Vale attended the Assembly of Councillors

Thursday, April 28

Councillor Alexander and Councillor Crocker attended the North East Waste and Resource Recovery Group SEED Student Environment Day

Councillor Davis attended the Benalla Showgrounds and Recreation Reserve Committee of Management meeting

Saturday, April 30

The Mayor attended the Broken Creek Primary School 150 years celebration

Monday, May 2

Councillor Martin attended the Winton Wetlands Committee of Management Visitor Experience Advisory Panel

Councillor Alexander attended the Benalla Health and Wellbeing Action Group Family Violence Network meeting

Councillor Alexander and Councillor Martin attended the Benalla Festival Advisory Committee meeting



Councillor Alexander attended the Community Planning Workshop community consultation

Tuesday, May 3

The Mayor and Councillors with the exception of Councillor Martin attended the Special Meeting of the Council

Wednesday, May 4


Councillor Alexander attended the Benalla Police and Benalla Rural City Community Volunteer Day media opportunity

Councillor Alexander and Councillor Richards attended the Flood Risk Property Information System Project Steering Committee meeting

Councillor Crocker attended the Benalla and District Historical Society meeting

Councillor Alexander and Councillor Richards attended the Benalla Airport Redevelopment Project Control Group meeting

The Mayor and Councillors with the exception of Councillor Davis and Councillor Martin attended the Council Meeting

Thursday, May 5

Councillor Crocker participated in the review of organic bins

Councillor Alexander attended Benalla Youth Service Providers Network meeting

Councillor Alexander attended the Community Planning Workshops held with the Youth Service Providers Network and Benalla Business Network

Monday, May 9

Councillor Martin attended the Winton Wetlands Committee of Management meeting

Councillor Alexander attended the Community Plan Project Steering Committee meeting

Councillor Alexander attended the Early Years Network meeting

Tuesday, May 10

The Mayor judged the entries for the colouring competition at BPACC

The Mayor hosted his open door weekly meetings

The Mayor attended the Benalla Local Safety Committee meeting

The Mayor met on site with Tarnook Road residents

The Mayor and Councillors with the exception of Councillor Vale attended the Benalla Art Gallery Music Program Consultation forum

Councillor Martin, Councillor Richards and Councillor Crocker attended the Benalla Art Gallery Special Committee meeting



Wednesday, May 11


Councillor Alexander attended the Jobs and Skills Action Development Team meeting

The Mayor was the Guest Speaker at the Benalla Health National Volunteer Week celebration


Councillor Martin attended the Winton Wetlands Land Art project meeting

Councillor Crocker and Councillor Richards attended the Benalla Aquatic Centre Redevelopment Project Steering Committee meeting

The Mayor and Councillors attended the Assembly of Councillors Business Review meeting

Thursday, May 12

Councillor Alexander and Councillor Crocker attended the Rural Councils Victoria - Mayor, Councillor and CEO Forum

Friday, May 13

The Mayor attended a briefing in relation to the Mental Health Forum

The Mayor attended a meeting with the Member for Euroa and local general medical practitioners in relation to mental health

The Mayor attended a media opportunity for the colouring competition at BPACC

Saturday, May 14

Councillor Richards attended the Winton Wetlands Mokoan Music Fest

The Mayor attended the Benalla All Blacks Football and Netball Club Pink Ladies Day High Tea in aid of the National Breast Cancer Foundation Fundraiser

The Mayor attended the launch of the Rural Fire Tales DVD at Tatong

Monday, May 16

Councillor Alexander attended the High Country Library Corporation Board meeting

Tuesday, May 17

The Mayor, Councillor Alexander, Councillor Crocker and Councillor Richards attended a meeting with Her Excellency the Honourable Linda Dessau AM Governor of Victoria

The Mayor, Councillor Alexander and Councillor Richards attended the Governor of Victoria’s visit to Benalla Health



The Mayor hosted the Governor’s visit to the Aboriginal Garden, the Tomorrow:Today Foundation and Thales (Australian Munitions)

The Mayor and Councillors Alexander, Crocker and Richards hosted a Civic Reception for the Governor of Victoria

Councillor Davis attended the Churchill Reserve Committee of Management

Wednesday, May 18

Councillor Martin attended the Winton Wetlands Committee of Management Finance and Remuneration Sub-Committee Meeting

The Mayor hosted the Governor’s visit to the Sir Edward ‘Weary’ Dunlop Learning Centre School Leaders presentations, the Aviation Museum and Winton Wetlands

Councillor Richards attended the visit by the Governor of Victoria to the Aviation Museum.

Councillor Crocker attended the Benalla Riverine Parklands Advisory Committee meeting

Councillor Alexander attended the Volunteer Advisory Committee meeting

Councillor Crocker attended the Benalla Botanical Gardens Adventure Park Project Control Group meeting


The Mayor and Councillors with the exception of Councillor Martin attended the Planning and Development Committee meeting

Thursday, May 19

Councillor Richards attended the North East Waste and Resource Recovery Group Forum

Councillor Crocker launched the Benalla Kids Book Swap

The Mayor and Councillor Alexander attended the Mental Health Communication meeting

The Mayor attended the Winton Motor Raceway V8 Driver Autograph Signing

Friday, May 20

Councillor Richards attended the North East Waste and Resource Recovery Group Forum

The Mayor attended a meeting with the Principal of Benalla P-12 College

Councillor Alexander attended a Benalla Festival Sponsors meeting

Saturday, May 21

The Mayor, Councillor Alexander and Councillor Richards attended the Benalla Police and Benalla Rural City Community Volunteer Day

Councillor Alexander opened the Benalla Police and Benalla Rural City Community Volunteer Day



Monday, May 23

Councillor Alexander attended the Community Plan Project Steering Committee - Sense Making Workshop

Councillor Crocker attended the Benalla P-12 Board meeting

Tuesday, May 24

Councillor Richards attended the Emergency Management Legislation Amendment consultation meeting

The Mayor attended a meeting with Jaclyn Symes, State Member for Northern Victoria

The Mayor attended a meeting with the Hon Martin Foley MP Minister for Mental Health

Wednesday, May 25

Councillor Crocker attended the Goulburn Broken Greenhouse Alliance Quarterly Meeting


Councillor Alexander presented to the Library Board of Victoria Advisory Committee on Public Libraries


Councillor Martin attended the Benalla Art Gallery Exhibition Reference Group meeting

Councillor Martin and Councillor Crocker attended the Benalla Art Gallery Exhibition Reference Group in relation to the Music Program

The Mayor and Councillors with the exception of Councillor Vale attended the Special Meeting of the Council

The Mayor and Councillors with the exception of Councillor Vale attended the Finance and Operations Committee meeting

Recommendation: That the report be noted.



7. Presentation of Reports by Councillors Recommendation: That the reports be noted. 8. Presentation of Reports by Committees 8.1 Planning and Development Committee Report and recommendations of the Planning and Development Committee meeting held on Wednesday 18 May 2016.

1. Benalla Sustainable Future Group

Mr John Lloyd of the Benalla Sustainable Future Group delivered a presentation on a vision for Benalla to become self-sufficient with respect to energy use and options for establishing a community energy project. Councillor Alexander / Councillor King: 1. That the presentation be received. 2. That a report be presented to the Planning and Development

Committee. Carried

2. Planning and Building Approvals April 2016 The report details planning permit applications and building approvals for the month of April 2016. Councillor Richards / Councillor Alexander: That the report be noted.

Carried



3. Benalla Planning Scheme Amendment C29 – Implementation of the Benalla Planning Scheme Review

The report informs the Council that Amendment C29 to the Benalla Planning Scheme has been approved by the Minister for Planning. Councillor Alexander / Councillor Crocker: That the report be noted.

Carried

4. Benalla Planning Scheme Amendment C31 - Benalla Wastewater Treatment Plant

The report informs the Council that Amendment C31 to the Benalla Planning Scheme has been approved by the Minister for Planning.

Councillor Richards / Councillor Vale: That the report be noted.

Carried

Recommendation: That the report and recommendations of the Planning and Development Committee meeting held on Wednesday 18 May 2016 be adopted.



8.2 Finance and Operations Committee Report and recommendations of the Finance and Operations Committee meeting held on Wednesday 25 May 2016.

1. Australian Early Development Census

Tomorrow:Today Foundation Executive Officer Pat Claridge presented Benalla results from the Australian Early Development Census 2015 and an overview of the foundation’s Education Benalla Program. Councillor Richards / Councillor Crocker: That the presentation be received.

Carried 2. Benalla Performing Arts and Convention Centre – Service Review and Strategic Plan The report presents the Benalla Performing Arts and Convention Centre - Service Review and timeline for the development of a BPACC Strategic Plan. Councillor Davis / Councillor Crocker: That the report be noted.

Carried 3. Financial Report for the nine months ended 31 March 2016 The report presents the financial result compared to budget for the quarter ended 31 March 2016 and presents outcomes from the 2015/16 third quarter Budget Review. Councillor Martin / Councillor Crocker: 1. That the report be noted. 2. That the Council approve an allocation of $10,000 to the Benalla Business Network.

Carried



4. Investment and Loan Portfolio held at 31 March 2016 The report presents details of investments held at 31 March 2016 and current and proposed future loan balances. Councillor Richards / Councillor Martin: That the report be noted.

Carried 5. 2018 General Valuation – Valuer-General Victoria

The report considers the retention of the Valuer-General Victoria as the Council’s valuation authority. Councillor Crocker / Councillor Martin: That in accordance with Section 10 and 13G of the Valuation of Land Act 1960, the Valuer-General Victoria be retained as the valuation authority responsible for the 2018 Benalla Rural City Council general valuation.

Carried 6. Benalla Art Gallery Special Committee – Kawai 5C Piano The report presents the outcomes of community consultation held on 10 May 2016 in relation to the long-term storage of the Kawai 5C piano at the Benalla Art Gallery.

Councillor Davis / Councillor Martin: That the recommendations of the Benalla Art Gallery Special Committee be adopted.

Carried



7. Benalla Art Gallery Redevelopment Project The report presents the concept plan for the redevelopment of the Benalla Art Gallery. Councillor Martin / Councillor King: That the Benalla Art Gallery redevelopment concept be presented to the Council as a ‘shovel ready’ project in accordance with the Council Plan 2013-2017.

Carried 8. Gliding Federation of Australia – request for financial assistance The report presents a request from the Gliding Federation of Australia for funding assistance for the use of the Benalla Performing Arts and Convention Centre in association with the 2017 World Gliding Championships. Councillor Davis / Councillor Martin: That the item be deferred for consideration at the next Finance and Operations Committee meeting to be held on 22 June 2016.

Carried 9. Austin Seven Club Inc. – request for financial assistance The report presents a request from the Austin Seven Club Inc. for support and financial assistance for the 40th anniversary of the Historic Winton event. Councillor Davis / Councillor King: 1. That the event be recognised as a Council sponsored Civic Reception. 2. That the Council approve a contribution of $1,000 to the Austin Seven Club Inc to support the Civic Reception on Saturday 28 May 2016.

Carried



10. Rural Councils Victoria – Incorporation The report deals with the incorporation of Rural Councils Victoria of which the Council is a member. Councillor Crocker / Councillor King: 1. That the Council vote in favour of authorising Mr Jim Nolan, Chief

Executive Officer of Pyrenees Shire Council, to apply to the Registrar of Incorporated Associations for the incorporation of Rural Councils Victoria Incorporated.

2. That the Council approve the draft Rules as the Rules for Rural

Councils Victoria Incorporated. 3. That the Council authorise the Mayor Councillor Justin King to vote on

the Council's behalf, in accordance with the resolution, at the meeting of RCV to be held on 10 June 2016.

1. Carried 11. Community Services –

activity report for the quarter ended 31 March 2016 The report presents a summary of the Community Services Department operations for the quarter ended 31 March 2016.

Councillor Richards / Councillor Martin: 1. That the report be noted. 2. That the Family Day Care Childcare Administration Levy and In-

Home Child Care Administration Levy be amended to $0.95 per hour per child in the 2015/16 Fees and Charges.

Carried

12. Finance Department –

activity report for the quarter ended 31 March 2016 The report presents an overview of the functions of the Finance Department for the quarter ended 31 March 2016.

Councillor King / Councillor Crocker: That the report be noted.

Carried



13. People and Performance Department – activity report for the quarter ended 31 March 2016

The report presents an overview of the functions of the People and Performance Department for the quarter ended 31 March 2016. Councillor Crocker / Councillor King: That the report be noted.

Carried

Recommendation: That the report and recommendations of the Finance and Operations Committee meeting held on Wednesday 25 May 2016 be adopted. 9. Presentation of Reports by Officers 9.1 Appointment of Acting Mayor

E233 Tony McIlroy – Chief Executive Officer

The Mayor Councillor Justin King has submitted a request for leave of absence from Monday 6 June to Monday 13 June 2016. It is proposed to appoint an Acting Mayor for the period of leave. Recommendation: That Councillor ……………………..be appointed Acting Mayor for the period Monday 6 June to Monday 13 June 2016.



9.2 North East Waste and Resource Recovery Implementation Plan E2297

Veronica Schilling – General Manager Development and Environment

PURPOSE OF REPORT The report discusses the draft North East Waste and Resource Recovery Implementation Plan. Comments on the plan are due to be lodged by Monday 13 June 2016. BACKGROUND The North East Waste and Resource Recovery Group (NEWRRG) is one of seven statutory Waste and Resource Recovery Groups in Victoria. The north east region represents seven Councils and three Alpine Resorts. One of NEWRRG’s statutory obligations was to develop the North East Waste and Resource Recovery Infrastructure Plan (North East Implementation Plan). In order to plan for future population growth the North East Implementation Plan has been developed to cope with the expected increase in waste volumes. The plan is a ten-year strategy to ensure the region has a practical and effective waste and resource recovery (recycling) network. Each of the regions is required under s. 50R of the Environment Protection Act 1970 (EP Act) to develop a strategy and the regional strategy must be consistent with the State waste management policy. A Statewide Infrastructure Plan was released by the Victorian Government in June 2015. It provides the roadmap to ensure Victoria has the infrastructure to effectively manage waste and resource recovery for the next 30 years. Each of the seven regional Waste and Resource Recovery Groups in Victoria are responsible for setting out how the waste and resource recovery infrastructure needs of each of their regions will be met over 10 years. When completed, these plans will be integrated into the Statewide Infrastructure Plan to form a whole strategic approach, ensuring that Victoria has a first class integrated waste and resource recovery (recycling) system. DISCUSSION The purpose of the North East Implementation Plan is to identify local waste and resource recovery (recycling) infrastructure (facilities and equipment) needs and plan for how these will be met over the next 10 years for the region. The plan has five main aims for the region and within these specific actions to be achieved in the next 10 years.



The process for developing the plan is provided below:

The five broad aims for the North East Region are to: improve recycling increase the efficiencies and cost effectiveness of recycling increase the performance and safety of waste and recycling infrastructure develop a long term strategy for landfill improve data collection so better decisions can be made Appendix 1 provides summaries of the various action streams. Expected outcomes from the plan are: Resource recovery centres in the regions will be able to recycle more types of

materials There will be improvements at local resource recovery centres over the coming

years. These improvements may include better and bigger areas for sorting and storing materials for recycling

A more practical approach taken to the management of the region’s waste and opportunities for partnerships will be identified.

Councils and alpine resorts working more efficiently and sharing local waste and recycling information with the state government which will benefit the community by helping shape policy, planning and future programs.

A full copy of the plan is provided in the dropbox and ia available on the NEWRRG web site at www.newrrg.vic.gov.au A Frequently Asked Question sheet is provided in Appendix 2 for information. COMMUNITY CONSULTATION The EP Act requires consultation as part of the development and prior to approval of the Implementation Plan. Through the development of the plan the NEWRRG has engaged not only with the municipal councils and resort boards in the region but also private businesses that generate and process waste. This work is intended



to ensure that the plan meets the future needs of residents, commerce and industry for the planned period. NEWRRG has run seven public information sessions at ‘open house events’ in each local government area in the region during May 2016. These sessions were advertised in all regional papers. COUNCIL PLAN 2013-2017 IMPLICATIONS

Our Natural Environment

Our waste management and minimisation services are efficient and reflect best practice. Our Rural City is important in the region, providing opportunities for modern waste processing

Increase the recovery of resources, minimise waste disposal to landfill and promote opportunities for new waste management facilities.

Our Organisation

We are compliant with our legislative and risk management responsibilities and accountable to our community.

FINANCIAL IMPLICATIONS The development of the North East Implementation Plan is being funded by the State Government. There are currently no funding allocations for the delivery of any of the regional plans. However, the planning framework will assist to identify areas for future funding allocations. Once the draft plan is finalised the actions from the plan will be the responsibility of the State Government, NEWRRG, local government, alpine resorts and industry to implement. Recommendation: 1. That the Council endorse the draft North East Implementation Plan. 2. That the North East Waste and Resource Recovery Group be advised

accordingly.

jennyr

Typewritten Text

Appendix 1

Frequently Asked Questions

Question

Response

What is the North East Waste & Resource Recovery Implementation Plan?

The North East Waste and Resource Recovery Implementation Plan (north east implementation plan) is a 10 year strategy to ensure the region has a practical and effective waste and resource recovery (recycling) network.

What is meant by infrastructure?

Infrastructure in context of waste and resource recovery (recycling) means facilities, services and equipment relating to the sorting, storing, transport and reprocessing of materials. This could include, but is not limited to things like: sheds, cages, skips, concrete pads, forklifts, balers, front-end-loaders, bin enclosures etc.

Who has been consulted in the writing of the north east implementation plan?

The north east implementation plan has been prepared by the North East Waste Resource Group (NEWRRG) with the of help of its stakeholders which includes local government, alpine resorts and industry in planning to meet the waste and recycling needs of the region into the future. It is now the community’s turn to have their say.

Who is the North East Waste & Resource Recovery Group (NEWWRG) and what do they do?

The North East Waste and Resource Recovery Group (NEWRRG) is one of seven statutory Waste and Resource Recovery Groups in Victoria. The north east region represents 7 Councils and 3 Alpine Resorts. NEWRRG is responsible for planning and facilitating the development of waste and resource recovery services across the north east region. One of NEWRRG’s main responsibilities has been developing the implementation plan for the north east region. The Waste and Resource Recovery Groups were established under Section 49C of the Victorian Environment Protection Act 1970.

Is waste an essential service? Yes. An essential service can be defined as a service that is recognised as a basic right for the community. Any failure to deliver this service results in risks to the community. Victoria’s waste and resource recovery system provides the essential services to manage Victoria’s waste. If these streams are not managed properly they can cause a range of issues including odours, dust, noise, generation of leachate which can contaminate ground water, soil contamination and the generation of greenhouse gases, which impact the community and environment.

jennyr

Typewritten Text

Appendix 2

What is a MRF?

A MRF is a: materials recovery facility, materials reclamation facility, materials recycling facility or multi re-use facility. MRF - pronounced "murf" is a specialized plant that receives, separates and prepares recyclable materials for marketing to end-user manufacturers.

What is a dirty MRF? A ‘dirty MRF’ accepts and processes a mixed solid waste stream and then proceeds to separate out recyclable materials through a combination of manual and mechanical sorting.

What does FOGO mean?

FOGO is an acronym for: food organics garden organics. Food organics from households or industry includes: food processing waste, out-of-date or off-specification food, meat, fruit and vegetable scraps. It excludes liquid wastes. Garden organics includes: organics derived from garden sources, for example, grass clippings, tree prunings. Sometimes garden organics is also known as green organics.

What is the purpose of the north east implementation plan?

The purpose of the north east implementation plan is to identify local waste and resource recovery (recycling) infrastructure (facilities and equipment) needs and plan for how these needs will be met over the next 10 years for the region. The plan has five main aims for the region and within these specific actions to be achieved in the next 10 years.

What are the main aims of the plan? The 5 broad aims for the north east region are to: 1. Improve recycling 2. Increase the efficiencies and cost effectiveness of recycling 3. Increase the performance and safety of waste and recycling

infrastructure 4. Develop a long term strategy for landfill 5. Improve data collection so better decisions can be made

What is meant by waste? Anything that is no longer valued by its owner for use or sale and which is, or will be, discarded. In this document, the term ‘solid waste’ refers to non-hazardous, non-prescribed, solid waste materials ranging from municipal garbage to industrial waste.

What is resource recovery? The processes of recovering unwanted materials for reprocessing to be recycled, instead of being sent to landfill.

What are materials? Materials in context of waste and recycling are different types of product categories. For example: plastics, timber, garden waste, metals, glass etc.

What is landfill? A landfill is a carefully constructed ‘airspace’ (or hole) in the ground to store waste. Landfills in Victoria have very strict licensing and regulatory arrangements in order to protect community health and the environment.

What is airspace? Landfill airspace can be defined as the volume of space on a landfill site which is constructed for the disposal of solid waste.

Does the north east region need new landfills in the next 10 years?

No, through the modelling process of existing available airspace and current and projected resource recovery and expected waste volumes, it was determined that additional landfills were not required for the north east region. The region does not require any new landfills in the next 20 years.

What is the infrastructure schedule? The schedule lists existing or proposed facilities but not reflect whether appropriate operational practices are maintained or whether works and planning approvals are in place. This infrastructure schedule identifies the gaps in the infrastructure required to meet the strategic directions for the region based on the current status, constraints, and future needs and opportunities. The schedule consists of two parts:

Resource Recovery Infrastructure

Landfill infrastructure

Are there opportunities for the infrastructure schedule to be reviewed?

An opportunity for new proposals to be considered will arise in 3-5 years when the regional waste and resource recovery implementation plans are infrastructure schedules are reviewed.

What is the Statewide Infrastructure plan and how does this plan fit into it?

A Statewide Infrastructure Plan was released by the Victorian Government in June 2015. It provides the roadmap to ensure Victoria has the infrastructure to effectively manage waste and resource recovery for the next 30 years. Each of the 7 regional Waste and Resource Recovery Groups in Victoria are responsible for setting out how the waste and resource recovery infrastructure needs of each of their regions will be met over 10 years. When completed, these plans will be integrated into the Statewide Infrastructure Plan to form a whole strategic approach, ensuring that Victoria has a first class integrated waste and resource recovery (recycling) system.

If everything is ok in our region why do we need to do this for?

At the rate of projected population growth in Victoria over the next 30 years existing waste management infrastructure will not be able to cope with the expected increase in waste volumes. Currently 34% of the north east’s waste is still being landfilled. We can do better, and need to plan for future growth. Some of the reasons for the north east implementation are:

inadequate information to support planning and investment decisions that balance waste and resource recovery needs with community growth and increasing waste generation

materials of value are still being landfilled

material volumes are not attracting industry investment

there are limited markets for recovered materials or products

not all landfills meet environmental standards, there are increasing costs to meet environmental standards for landfills

not all waste and resource recovery facilities are meeting best practice standards

What will change in the region because of the plan?

Resource recovery centers in the regions will be able to recycle more things

There will be improvements local resource recovery centres over the coming years. These improvements may include better and bigger areas for sorting and storing of materials for recycling

A more practical approach taken to the management of the region’s waste and opportunities for partnerships will be identified.

Councils and alpine resorts working more efficiently and sharing local waste and recycling information with the state government which will benefit the community by helping shape policy, planning and future programs.

What is the difference between NEWRRG and Councils in terms of waste management and recycling?

NEWRRG is a State Government agency that works with local government, industry and community to coordinate strategic waste and resource recovery planning needs across the region. Local government is responsible for delivering services in their local area. NEWRRG works as a channel between state and local government and, where there are benefits, assists with coordination between local councils and alpine resorts within the region. NEWRRG delivers projects on behalf of local government and alpine resorts with a regional focus (to 3 or more local government or alpine resort areas).

If I have questions/comments/feedback where do I go to find out more or have my say?

Further details about the plan are on NEWRRG’s website: www.newrrg.vic.gov.au You can also make a submission, leave feedback, or request a hard copy of the draft north east implementation plan by visiting the NEWRRG website. NEWRRG will be running 7 public information sessions at ‘open house events’ in each local government area in the region during the month of May 2016. Further details about these sessions will be advertised in all regional papers.

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



9.3 Council Actions Pending Recommendation: That the report be noted.


Council actions pending from the cycle of meetings ended 4 May 2016

Item No.

Date of Meeting

Agenda Item Council Resolution Responsible

Officer

Anticipated Date of Completion / Comment / Status

1. P&D

20/03/13 5. Property Rationalisation – Goodwin and Cook Streets, Benalla

1. That the Council develop a landscape plan for the area including the removal of existing play equipment.

GMDE

Pending outcome of development of community garden at the Benalla Railway Station.

2. P&D

22/07/15 1. Road Alignment Anomalies – Chesney Vale Road, Chesney Vale

and O’Dea Road, Molyullah 1. That the Council close the sections of road reserve adjacent to

86B and 86C Chesney Vale Road, Chesney Vale on the grounds that these sections of road reserve have not been needed for the purpose of providing a road.

2. That the Council give public notice of its intention to close the sections of Chesney Vale Road reserve and request public submissions on its intention.

3. That the Chief Executive Officer be authorised to undertake the appropriate process to rectify the road reserve alignment anomaly at Crown Allotment 17A, 933 O’Dea Road, Molyullah.

GMDE

O’Dea Road advertising of land transfer is in progress. Chesney Vale Road – Survey delayed. New alignment to be pegged by landholder by end of May 2016 and new survey to be completed by end of June 2016.


Item No.

Date of Meeting


Officer


3. P&D

19/08/15 4. Amendment C32 – Benalla Planning Scheme Anomalies

1. That Amendment C32 be exhibited in accordance with the

provision of the Planning and Environment Act 1987 for a period of 30 days, once ministerial authorisation is received.

GMDE

Awaiting authorisation to advertise.


Item No.

Date of Meeting


Officer


4. P&D

02/12/15 1. Planning Application P0100/15 – Intensive Animal Husbandry

(Piggery) – 73 Baddaginnie Warrenbayne Road, Warrenbayne That the Planning and Development Committee acting under its delegated authority of the Council issue a Notice of Decision to Refuse a permit for application P0100/15 to use the land for Intensive Animal Husbandry (Piggery) at 73 Baddaginnie Warrenbayne Road, Baddaginnie on the following grounds:

1. The proposal does not comply with the buffer distances as outlined within the Code of Practice Piggeries 1992.

2. The proposal is contrary to the State and Local Planning Policy Framework and Farming Zone objectives as it does not promote sustainable land management practices.

3. The proposal has the potential to emit unreasonable odour to adjoining and surrounding properties.

4. The proposal does not contain adequate measures to ensure contaminated stormwater remains on the site.

5. The proposal has the potential to attract vermin and contaminate groundwater due to the burial of dead pigs on the land.

GMDE

Compulsory Conference held on 18 March 2016. Hearing set for 30 May 2016 for two days.


Item No.

Date of Meeting


Officer


5. P&D

17/02/16

3. Community Local Law 2016 - Hearing of Submissions 1. That the submissions be received. 2. That adoption of the revised Community Local Law 2016 be

deferred pending resolution of the issues raised by the submissions (being the use of motorised mobility devices and overnight camping on the shore of Lake Benalla).

GMDE

Report to be presented to the Planning and Development Committee on 20 July 2016.

6. ORD

COUNCIL

02/03/16

8.1 (2) Planning Application P0022/15 – Place of Assembly (Nude Man Festival) 648 Tatong Tolmie Road, Tatong That the Council authorise the commencement of enforcement action for breaches of the Benalla Planning Scheme and Planning Permit P0022/15.

GMDE

Completed. Compulsory conference set down for 8 August 2016. Hearing set for 17 October 2016 for two days.

7. P&D 16/03/16

1 Planning Protocols for 1450 Lima East Road, Lima East (Charnwood)

That the Council endorse the protocols subject to the following amendments:

at any other event the music is to finish at 10pm, and all complaints and investigations be dealt with by Council

Officers or Victoria Police.

GMDE

Agreed protocols forwarded to respective parties for signing.


Item No.

Date of Meeting


Officer


8. P&D 16/03/16

3 Environment Strategy 2011-2015 Review

1. That the Council adopt the draft Environmental Strategy 2015-2020 for consultation purposes.

2. That the document be circulated for comment for a minimum four-week period to State agencies, community stakeholders and those individuals who previously provided feedback.

3. That the community be invited to submit comments on the

draft document.

GMDE

Advertising has commenced and submissions close on 22 June 2016.

9. P&D 16/03/16

5 Indigenous Garden – Moira Reserve, Benalla

1. That the Council adopt the change of name of the parkland within the Moira Park Reserve, Benalla as ‘Aboriginal Garden’ under the Geographic Place Names Act 1998. 2. That the Registrar of Geographic Names be advised of the change in name of the ‘Indigenous Garden’ to ‘Aboriginal Garden’. 3. That the community be advised of the name change to ‘Aboriginal Garden’ through a media release and the installation of appropriate signage.

GMDE

Statutory process to be completed during June in accordance with section 223 of the Local Government Act 1989.


Item No.

Date of Meeting


Officer


10. ORD COUNCIL 30/03/16

9.1 Benalla Airport Master Plan 3. That the Council defer the development of a governance

model for the site pending the completion of Stage 1 of the airside works.

4. That a further report be presented detailing historical rates at the Benalla Airport and further benchmarking of rates for leases at other airfields.

GMDE

Officers met with legal advisers to reframe the draft documents on 5 May 2016. A report on revision of the draft lease and rates of rental will be presented to the Planning and Development Committee on 20 July 2016.


Item No.

Date of Meeting


Officer


11. ORD COUNCIL 30/03/16

10.1 Notice of Motion 2016/01 – Community Mental Health 2. That the Council conduct a round table discussion as a

matter of urgency with the following service providers/organisations to discuss mental health services concerns within the community:

- -Victoria Police - Benalla Health - Benalla Rural City Council - Benalla P-12 College - FCJ College - Tomorrow: Today Foundation - Other relevant services.

3. That the Council consider the opportunity to conduct a community-driven forum on the outcomes of the roundtable discussion.

4. That the outcomes of the roundtable discussion and the community-driven forum be communicated to Federal and State parliamentary representatives with a view to a meeting being arranged between the Mayor and each representative.

5. That a community-driven committee be established and supported by the relevant agencies.

CEO

Completed Completed Forum to be held on 1 June 2016 and attended by the Hon Martin Foley MP Minister for Mental Health


Item No.

Date of Meeting


Officer


12. P&D

20/04/16 1. Lake Benalla – Camping

1. That further investigation be undertaken on the viability of RV

Friendly Camping sites being established at: Lake Benalla Foreshore – Jaycee Island Carpark, Botanical Gardens Tennis Courts Carpark and the Benalla Showgrounds.

2. That a report be presented to the Planning and Development

Committee on 20 July 2016. 3. That the Council authorise Council Officers to take measures as

soon as possible to direct RV vehicles to a safe location and to protect the Lake Benalla foreshore area.

GMDE

Report to be presented to the Planning and Development Committee on 20 July 2016. Directional signage proposed to be erected by 16 June 2016.

13. P&D

20/04/16 2. Benalla Saleyards – Strategic Direction

That the Council endorse the findings of the community forums and the plan for the redevelopment of the Benalla Saleyards and consider funding in conjunction with the development of future Capital Projects Programs.

GMDE

Completed


Item No.

Date of Meeting


Officer


14. P&D

20/04/16 4. Benalla Aquatic Centre – Community Engagement

That the outcomes of the community engagement activity be adopted and the Council proceed to develop design drawings and a quantity surveyor’s estimate that includes the following components: development of a new internal program pool expanded fitness and gymnasium area external splash pad minor refurbishment of the outdoor pool associated plant and spaces to facilitate the redevelopment.

GMDE

Procurement to engage design and quantity surveyor to be undertaken in June 2016.

15. P&D

20/04/16 5. CBD Parking Management Policy

That the draft CBD Parking Management Policy be adopted for the purpose of public consultation.

GMDE

Public exhibition to be undertaken in June 2016.

16. F&O

27/04/16 1. 2015/16 Community Sponsorship Program

That the Council approve the following grants to be funded from the 2015/16 Community Sponsorship Program: Swanpool Bowls Club Inc. $500 Baddaginnie Community Inc. $500 Winton Wetlands Committee of Management $500 Hume Veterans Cycling Club $250

GMCC

Completed


Item No.

Date of Meeting


Officer


17. F&O

27/04/16 2. 2015/16 Community Grants Program

That the Council approve the allocation of funds to the value of $56,553 from the 2015/16 Community Grants Program.

GMCC

Completed

18. F&O

27/04/16 3.

That the following events be approved for funding under the 2015/16 Major Event Funding Program: Austin 7s Historic Winton $1,500 Baddaginnie Aero Model Competition $1,500 Benalla’s Better Bike Hike $1,300 Benalla Car and Bike Show $1,500 Benalla Relay for Life $500 Benalla Street Party $1,000 Devenish High Tea – Table Art Extravaganza

$1,200

Fly-In and Swap Meet $500 Happy Wanderer Festival $1,000 Lake Benalla Triathlon $1,000 World Gliding Competition $1,000 Total $12,000

CEO

Completed


Item No.

Date of Meeting


Officer


19. F&O

27/04/16 4. Facility Hire Subsidy Program

That a subsidy of 100 per cent of the fee be approved for the Friends of the Benalla Art Gallery Inc. to conduct four music concerts at the Benalla Art Gallery.

CEO

Completed

20. SPECIAL

COUNCIL

3/5/16

1. Draft Council Plan 2013-2017 (2016 Review) 1. That public notice be given that the Council has reviewed its Council Plan 2013-2017. 2. That the draft Council Plan 2013-2017 (2016 Review) be placed on public exhibition for a period of 28 days commencing Wednesday 4 May 2016. 3. That submissions relating to the draft Council Plan 2013-2017 (2016 Review) be heard on Wednesday 8 June 2016 at a Special Meeting of the Finance and Operations Committee. 4. That the Council consider submissions on the draft Council Plan 2013-2017 (2016 Review) at a Special Meeting of Council on Wednesday 22 June 2016. 5. That the Council consider adoption of the Council Plan 2013-2017 (2016 Review) at a Special Meeting of Council on Wednesday 29 June 2016.

GMCC

Completed


Item No.

Date of Meeting


Officer


21. SPECIAL

COUNCIL

3/5/16

2. Proposed 2016/17 Budget

That public notice be given that the Council has prepared its Proposed 2016/17 Budget.

That the Proposed 2016/17 Budget be placed on public exhibition for a period of 28 days.

That submissions relating to the Proposed 2016/17 Budget be heard at a Special Meeting of the Finance and Operations Committee on Wednesday 8 June 2016.

That the Council consider submissions on the Proposed 2016/17 Budget at a Special Meeting of the Council on Wednesday 22 June 2016.

That the Council consider adoption of the 2016/17 Budget at a Meeting of the Council on Wednesday 29 June 2016.

GMCC

Completed



10. Notices of Motion

Councillor Barbara Alexander has submitted the following Notice of Motion.

10.1 2016/02 Rural Living Campaign In order to gain recognition from all sides of government that service inequality exists for Rural Councils, the Rural Living Campaign has been auspiced by the Buloke Shire Council asking that all Rural Councils join forces to fight for equal services for rural people.

The working group has met with State and Federal Government Ministers and opposition leaders to seek a commitment for more sustainable funding structures that will enable a minimum service level for all Victorians no matter where they live. We need to stand together. Refer Appendix 1. Recommendation: That the Council take up membership of the Rural Living Campaign auspiced by the Buloke Shire Council.

jennyr

Typewritten Text

Appendix 1

18/05/16

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Rural People, Rural Services

Financial Sustainability

• A financially sustainable council is capable of:

– Providing required services and facilities

– Raising revenue sufficient to finance these

– Maintaining operational viability

• For a Shire to be financially sustainable:

– Residents must have the capacity to pay

– Costs need to be covered

– Assets need to be maintained

18/05/16

2

Minimum Services

• Rural people require a minimum suite of basic services

• Without these services, communities become more and more unliveable

• If communities become unliveable, people will leave and agricultural and other industries will become disassociated from their communities with workers flying in and out

Buloke Shire’s Experience

• Buloke Shire has always struggled to be financially sustainable with this compounded by natural disaster.

• The Shire’s capacity to pay for its services has been further stretched with a series of dry seasons.

• Over the past 18 months we have reduced costs by $4.2mill and staff by 23 EFT. Buloke’s actions have been witnessed, audited and verified.

• We are now in a stable position and are sustainable over the medium term

• Despite all this, Buloke cannot provide a reasonable suite of minimum services to its residents

18/05/16

3

Buloke Shire’s Experience (ctd)

• The reasons for these problems becoming evident in small rural shires is clear, they originate from barriers such as:– Lack of economies of scale– Large distances and time required to deliver services.– More people with lower incomes and other socio‐economic

factors.– A higher proportion of aged people in the population.– Lack of competition from service providers and suppliers.– Difficulties in the recruitment of staff and skilled contractors.– Lack of competition for goods and services with market failure

resulting in premiums being paid.– Small population sizes and a consequent lack of capacity to pay

for services.

RURAL LIVING

• In order to address this problem it is first necessary to affirm that all Victorians should be able to access a minimum set of local government service levels

• Once we have agreement to this then the structural problems that create inequities can be addressed

• The RURAL LIVING campaign is about equity, opportunity and raising community awareness

18/05/16

4

RURAL LIVING (ctd)

• Small rural shires have made a great deal of progress with improving operations, sharing services, innovation and high levels of efficiency.

• Despite this they cannot provide an adequate level of services and remain financially sustainable.

• Local government is a partnership with state and federal governments to “improve the overall quality of live in the municipal district” (LGAct).

• This responsibility is not being met by the partners under the current fiscal arrangments.

RURAL LIVING (3)

• RURAL LIVING does not suggest changes or solutions

• RURAL LIVING seeks agreement to the concept that all Victorians, including the residents of small rural shires, are worthy of a specific minimum set of service levels.

• Only when we get agreement on this by all parties can methods of achieving a positive outcome be discussed.

18/05/16

5

RURAL LIVING CampaignThe campaign includes:

• a working group of interested Councils,

• a facebook page, with logo,

• local working groups of interested residents

• a month‐by‐month facebook strategy for May – September including stories,

• media releases at key points in the campaign co‐ordinated with radio and newspapers starting in May,

• feature articles

• letters to Victorian Government departments.

• invitations to local members of Parliament to Council briefing sessions over the 2015 calendar year.

• an advocacy group to take the issue to the Commonwealth Government.

• a delegation to meet with the Victorian Minister for Local Government in Melbourne in August 2015.

• a delegation to meet with the Commonwealth Minister for Local Government in Canberra in September.

Verification

The Whelan Report (2013) provides research background to the phenomena we are currently experiencing.

– capacity to pay for Small Rural Shires is 70% of the State median (58% in the case of Buloke Shire)

– nominal costs for Small Rural Shires are 81% higher than the State Median (141% in the case of Buloke Shire)

– Even taking into account the higher grant funding received by small rural shires, their sustainability is only 47% of the State Median (26% of the state median for Buloke Shire)



11. General Business

In accordance with Clause 14 of the Local Law No 1- Meeting Procedures: No business may be conducted at an Ordinary Meeting of Council unless notice of that business has been given either by inclusion in the Agenda or in a notice of motion provided that the Council may resolve to admit (without such notice) other items of business to be of an urgent nature. 12. Assemblies of Councillors, Advisory and External Committee Reports

Notes of the following meetings have been circulated under separate cover: March 2016 16 Benalla Riverine Parklands Advisory Committee29 Benalla Performing Arts and Convention Centre Board of Management April 2016 22 Benalla Airport Advisory Committee26 Benalla Performing Arts and Convention Centre Board of Management May 2016 2 Benalla Festival Advisory Committee 10 Benalla Art Gallery Special Committee11 Assembly of Councillors – Business Review18 Volunteer Advisory Committee Recommendation: That the reports be noted. 13. Public Question Time

In accordance with Clauses 45 to 51 of the Local Law 1 – Meeting Procedures up to 15 minutes shall be allowed for the answering of questions.



14. Authorisation of Signing and Sealing of Documents 14.1 Contract CM16.034 - Provision of engineering consultancy services panel A resolution accepting tenders for Contract CM16.034 to establish a panel of engineering consultants was made at the Council Meeting on 4 May 2016. Tenders from the following entities were accepted:

GHD Pty Ltd

Pitt and Sherry

EDM Group

North East Survey Design

Monger and Tomkinson

Rural Works Pty Ltd

HDS Australia The Contract documents are presented to the Council to authorise signing and sealing. Recommendation: That the documents for Contract CM16.034 - Provision of engineering consultancy services panel be executed. 14.2 Code of Conduct for Councillors The Council at its meeting on 25 May 2016 adopted a Code of Conduct for Councillors pursuant to s. 76C of the Local Government Act 1989 which requires councils to amend their Code of Conduct within four months after the commencement of s.15 of the Local Government Amendment (Improved Governance) Act 2015. The code:

sets out the standards of conduct expected of elected representatives

endeavours to foster good working relations between Councillors to enable Councillors to work constructively together in the best interests of the local community

mandates Councillor conduct designed to build public confidence in the integrity of local government.



Section 76C (6A) of the Act requires that within one month of amendments to a Councillor Code of Conduct being approved in accordance with this section, a Councillor must make a declaration stating that they will abide by the Councillor Code of Conduct. The declaration must be in writing and witnessed by the Chief Executive Officer. The Code of Conduct for Councillors is attached as Appendix 1 and presented for signing by Councillors. Recommendation: That the Code of Conduct for Councillors be signed by Councillors and witnessed by the Chief Executive Officer.

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Typewritten Text

Appendix 1

Benalla Rural City Council - Councillor Code of Conduct May 2016

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Table of Contents 1. Overview .......................................................................................................................... 3

1.1 Introduction ........................................................................................................ 3

1.2 Role of Mayor and Councillors .......................................................................... 3

1.3 Purpose of the Councillor Code of Conduct ...................................................... 4

1.4 Background ....................................................................................................... 5

2. Conduct Obligations ......................................................................................................... 6

2.1 Functions of the Chief Executive Officer ........................................................... 7

2.2 Use of Council resources .................................................................................. 8

2.3 Gifts and benefits .............................................................................................. 8

2.4 Communication ................................................................................................. 9

2.5 Personal dealings with Council ......................................................................... 9

3. Prohibited Conduct ........................................................................................................ 10

3.1 Misuse of position ............................................................................................ 10

3.2 Improper direction and improper influence ...................................................... 11

3.3 Confidential information ................................................................................... 11

3.4 Conflict of interest ............................................................................................ 12

3.5 Other legislative requirements ......................................................................... 12

4. Dispute Resolution ......................................................................................................... 13

4.1 Internal resolution procedure - direct negotiation ............................................ 13

4.2 External mediation ........................................................................................... 14

4.3 Internal resolution procedure – arbiter ............................................................ 16

5. Endorsement .................................................................................................................. 19


3


1. Overview

1.1 Introduction This Code, which incorporates the statutory requirements specified for a Code of Conduct in accordance with section 76C of the Local Government Act 1989, was adopted by resolution of the Benalla Rural City Council on 25 May 2016. The Local Government Act 1989 (the Act) requires a Council to develop and maintain a Councillor Code of Conduct. The Councillor Code of Conduct is required to be periodically reviewed. References throughout this document to sections refer to sections of the Local Government Act 1989 unless otherwise specified. Pursuant to the Act, as councillors of Benalla Rural City, we are committed to working together in the best interests of the people within our municipality and to discharging our responsibilities to the best of our skill and judgement. Our commitment to working together constructively will enable us to achieve our vision which is to have a sustainable, thriving and cohesive community where lifestyle, culture and safety are important in a manner that is consistent with our values which are as follows:

Leadership We will provide strong, caring and innovative leadership Openness and honesty We will act with integrity, transparency and truthfulness Respect We will respect the Community, Councillors and Council staff Fairness and Equity We will make decisions based on sound research and information and participative decision making which meet the needs of the whole community Accountability We will act conscientiously to govern for the community of the Benalla Rural City, making plans and decisions based on sound evidence

1.2 Role of Mayor and Councillors

The role of a councillor is now defined in legislation to provide greater clarity and better understanding of what is expected of councillors.

Section 65 of the Act states the role of the Mayor and Councillors is to provide leadership for the good governance of Benalla Rural City. The role of members of the council also includes:


4


(a) to participate in the decision-making of the council; and

(b) to represent the local community in that decision-making; and

(c) to contribute to the strategic direction of the council through the development and review of key strategic documents of the council, including the council plan.

In performing the role of a Councillor, a Councillor must:

(a) consider the diversity of interests and needs of the local community; and

(b) observe principles of good governance and act with integrity; and

(c) provide civic leadership in relation to the exercise of the various functions and responsibilities of the council under this Act and other Acts; and

(d) participate in the responsible allocation of the resources of council through the annual budget; and

(e) facilitate effective communication between the council and the community. Section 73AA of the Act describes the functions of the Mayor as follows:

(a) provide guidance to Councillors about what is expected of a Councillor including in relation to the role of a Councillor under section 65, and the observation of the Councillor conduct principles and the Councillor Code of Conduct by Councillors under sections 76B, 76BA and 76C; and

(b) act as the principal spokesperson for the council; and

(c) support good working relations between councillors; and

(d) carry out the civic and ceremonial duties of the office of Mayor.

The role of a Councillor does not include the performance of any functions that are specified as functions of the Chief Executive Officer under section 94A of the Act.

1.3 Purpose of the Councillor Code of Conduct The purpose of local government is to provide a system under which Councils perform the functions and exercise the powers conferred by or under the Local Government Act 1989 and any other act for the peace, order and good government of their municipal districts. Good governance is fundamental to a council being able to perform its purpose. Good governance relies on good working relations between councillors. This Code:

sets out the standards of conduct expected of elected representatives

endeavours to foster good working relations between Councillors to enable Councillors to work constructively together in the best interests of the local community

mandates Councillor conduct designed to build public confidence in the integrity of local government.


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1.4 Background A Council must, within four months after a general election:

(a) call a special meeting solely for the purpose of reviewing the Councillor Code of Conduct; and

(b) at that special meeting, approve any amendments to be made to the Councillor Code of Conduct determined by the Council to be necessary following the review of the Councillor Code of Conduct.

A copy of this Code of Conduct (as amended from time to time) must be:

given to each councillor

available for inspection at the council office and any district offices

published on the Council’s internet website The Act has been amended to provide the requirement that all incoming councillors commencing from the 2016 general election must read their council’s code of conduct and make a declaration that they will abide by it before taking (and remaining) in office. It is the personal responsibility of councillors to ensure that they are conversant with, and comply with, the provisions of this Code. A Councillor Code of Conduct must include an internal resolution procedure for dealing with any alleged contraventions of the Code. A Council can apply sanctions to a Councillor who has been found to have contravened the Councillor Code of Conduct. Failure by a Councillor to comply with the Council’s internal resolution procedure or to comply with a written direction given by the Council under section 81AB of the Act (sanctions for contravention of the Code) constitutes misconduct by a Councillor. If a Councillor Conduct Panel makes a finding of misconduct against a Councillor, the Panel may apply further sanctions against that Councillor. A Councillor Code of Conduct:

(a) must include the internal resolution procedure for dealing with an alleged contravention of the Councillor Code of Conduct;

(b) may set out processes for the purpose of resolving an internal dispute between Councillors;

(c) must include any provisions prescribed for the purpose of this section;

(d) must include provisions addressing any matters prescribed for the purpose of this section;

(e) may include any other matters relating to the conduct of Councillors which the Council considers appropriate.


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2. Conduct Obligations The Act places obligations on Councillors in relation to the way they should act. The Act also prohibits certain conduct by Councillors and prescribes penalties for Councillors who contravene these provisions. As Councillors of Benalla Rural City, we undertake to comply with the various provisions of the Act and with this Code of Conduct. Section 76B of the Act sets out the primary principle of councillor conduct as follows:

‘It is the primary principle of Councillor conduct that, in performing the role of a Councillor, a Councillor must:

(a) act with integrity

(b) impartially exercise his or her responsibilities in the interests of the local community

(c) not improperly seek to confer an advantage or disadvantage on any person.’ Section 76BA of the Act sets out the general principles of councillor conduct as follows:

‘In addition to acting in accordance with the primary principle of Councillor conduct specified in section 76B, in performing the role of a Councillor, a Councillor must:

(a) avoid conflicts between his or her public duties as a Councillor and his or her personal interests and obligations

(b) act honestly and avoid statements (whether orally or in writing) or actions that will or are likely to mislead or deceive a person

(c) treat all persons with respect and have due regard to the opinions, beliefs, rights and responsibilities of other Councillors, Council staff and other persons

(d) exercise reasonable care and diligence and submit himself or herself to the lawful scrutiny that it is appropriate to his or her office

(e) endeavour to ensure that public resources are used prudently and solely in the public interest

(f) act lawfully and in accordance with the trust placed in him or her as an elected representative

(g) support and promote these principles by leadership and example and act in a way that secures and preserves public confidence in the office of Councillor.’

Councillors are required to conduct themselves in observance of the primary principle and the general principles.

Specifically we confirm we will adhere to the following behavioural principles:

(a) treat members of the community with dignity and ensure that neither offence or embarrassment are caused by our comments, actions or behaviour

(b) treat other Councillors with respect even when disagreeing with their views

(c) debate contentious issues without resorting to personal acrimony or insult

(d) ensure punctual attendance at Council meetings


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(e) act with courtesy towards Council officers and avoid intimidatory behaviour

(f) observe the objectives of the Protected Disclosure Act 2012 and not accept improper conduct by Councillors or Council officers, or the taking of reprisals against a person who discloses such conduct.

We will approach our role as Councillors with care and diligence by:

(a) Maximising our attendance at Council and committee meetings and assemblies of councillors.

(b) striving to be informed on issues to be considered at meetings and forums so we can contribute to the best outcome for the community.

(c) Fully participating in council forums and public events, fostering community cohesion and encouraging participation in civic life

(d) Participating in learning and development opportunities offered by the Council as part of our commitment to continuing professional development as Councillors representing Benalla Rural City.

2.1 Functions of the Chief Executive Officer The Chief Executive Officer is responsible for:

(a) establishing and maintaining an appropriate organisational structure for the Council

(b) ensuring that the decisions of the Council are implemented without undue delay

(c) the day to day management of the Council’s operations in accordance with the Council Plan

(d) developing, adopting and disseminating a code of conduct for Council staff

(e) providing timely advice to the Council

(f) ensuring that the Council receives timely and reliable advice about its legal obligations under the Local Government Act and any other Act

(g) supporting the Mayor in the performance of the Mayor’s role as Mayor

(h) carrying out the Council’s responsibilities as a deemed employer with respect to Councillors, as deemed workers, which arise under or with respect to the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013

(i) performing any other function or duty of the Chief Executive Officer specified in the Local Government Act or any other Act.

The Chief Executive Officer is responsible for managing interactions between Council staff and Councillors including by ensuring that appropriate policies, practices and protocols are in place defining appropriate arrangements for interaction between Council staff and Councillors.


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We undertake to respect the functions of the Chief Executive Officer and to comply with the policies, practices and protocols defining appropriate arrangements for interaction between Council staff and Councillors that are put in place by the Chief Executive Officer.

2.2 Use of Council resources We commit to using Council resources effectively and economically. We will:

(a) maintain adequate security over Council property, facilities and resources provided to us to assist in performing our role and will comply with any Council policies applying to their use

(b) ensure any expense claims that we submit are in compliance with the relevant legislative provisions and Council policy

(c) not use Council resources, including services of Council officers, for private purposes, unless legally or properly authorised to do so, and payments are made where appropriate

(d) not use public funds or resources in a manner that is improper or unauthorised.

2.3 Gifts and benefits We will scrupulously avoid situations giving rise to the appearance that a person or body, through the provision of gifts, benefits or hospitality of any kind, is attempting to gain favourable treatment from an individual Councillor or from the Council. We will take all reasonable steps to ensure that our immediate family members (parents, spouse, children and siblings) do not receive gifts or benefits that give rise to the appearance of being an attempt to gain favourable treatment. Where a gift is received on behalf of the Council, the gift becomes the property of the Council. For transparency and accountability purposes, these gifts will be recorded in the Councillors Gifts Register with a notation that it is the property of the Council. We recognise that gifts equal to or above the gift disclosure threshold received in the twelve months prior to election from a person or body that has a direct interest in a matter may give rise to an indirect interest because of receipt of an applicable gift. We will record all campaign donations in our campaign donation return.


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2.4 Communication We recognise that as representatives of the local community, we have a primary responsibility to be responsive to community views and to adequately communicate the position and decisions of Council. We undertake to comply with the Council’s media and social media policies and respect the functions of the Mayor and Chief Executive Officer to be the spokespersons for the Council in accordance with our policies. Media enquiries are generally received through the Communications Department which makes arrangements for a response from the Mayor, Chief Executive Officer or other nominated person. We acknowledge that individual Councillors are entitled to express their personal opinions through the media. Where we choose to do so, we will make it clear that such comment is a personal view and does not represent the position of the Council. We undertake to ensure that any such comment is devoid of comments that could reasonably be construed as being derogatory, offensive or insulting to any person.

2.5 Personal dealings with Council When we deal with our Council in our private capacity (e.g. as a ratepayer, recipient of a Council service or applicant for a permit) we do not expect, nor will we request, preferential treatment in relation to any such private matter. We will avoid any action that could lead Council officers or members of the public to believe that we are seeking preferential treatment.


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3. Prohibited Conduct

The Local Government Act 1989 has specific provisions that prohibit Councillors from certain conduct. This conduct relates to:

(a) Misuse of position

(b) Improper direction and improper influence

(c) Confidential information (d) Conflict of interest

(e) Electoral conduct

These matters are set out below in order to provide a complete picture of the obligations on Councillors. While these matters are not of a nature to be addressed as a contravention of the Councillor Code of Conduct, we undertake to comply with the prohibitions on Councillor conduct set out below. These matters should more properly be the subject of an application to a Councillor Conduct Panel for a finding of serious misconduct or a complaint to the Local Government Inspectorate or the Independent Broad-based Anti-corruption Commission depending on the nature of the allegation. (Note: Serious misconduct by a Councillors means:

(a) the failure of a Councillor to attend a Councillor Conduct Panel hearing formed to make a finding in respect of that Councillor; or

(b) the failure of a Councillor to give a Councillor Conduct Panel any information the Councillor Conduct Panel has requested the Councillor to give; or

(c) the failure of a Councillor to comply with a direction of a Councillor Conduct Panel; or

(d) continued or repeated misconduct by a Councillor after a finding of misconduct has already been made in respect of the Councillor by a Councillor Conduct Panel; or

(e) bullying of another Councillor or member of Council staff by a Councillor; or

(f) conduct by a Councillor in respect of a member of Council staff in contravention of section 76E; or

(g) the release of confidential information by a Councillor.)

3.1 Misuse of position A Councillor must not misuse his or her position to:

(a) gain or attempt to gain, directly or indirectly, an advantage for themselves or for any other person; or

(b) cause, or attempt to cause, detriment to the Council or another person.


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Circumstances involving the misuse of position by a Councillor include:

(a) making improper use of information acquired as a result of the position he or she held or holds; or

(b) disclosing information that is confidential information within the meaning of section 77(2); or

(c) directing, or improperly influencing, or seeking to direct or improperly influence, a member of Council staff in contravention of section 76E; or

(d) exercising or performing, or purporting to exercise of perform, a power, duty or function that he or she is not authorised to exercise or perform; or

(e) using public funds or resources in a manner that is improper or unauthorised; or

(f) failing to disclose a conflict of interest as required under this Division.

3.2 Improper direction and improper influence A Councillor must not direct, or seek to direct, a member of Council staff:

(a) in the exercise of a delegated power, or the performance of a delegated duty or function of the Council; or

(b) in the exercise of a power or the performance of a duty or function exercise or performed by the member as an authorised officer under the Local Government Act or any other Act; or

(c) in the exercise of a power or the performance of a duty or function the member exercises or performs in a position the member holds under another Act; or

(d) in relation to advice provided to the Council or a special committee, including advice in a report to the Council or special committee.

3.3 Confidential information A Councillor must not disclose information that the he or she knows, or should reasonably know, is confidential information in accordance with section 77 of the Act. As Councillors we will familiarise ourselves with the requirements of the Information Privacy Act 2000 regarding the access, use and release of personal information. A Councillor may disclose information that he or she knows is confidential information in the following circumstances:

(a) for the purposes of any legal proceedings arising out of this Act

(b) to a court or tribunal in the course of legal proceedings

(c) pursuant to an order of a court or tribunal

(d) to the Chief Municipal Inspector to the extent reasonably required by the Chief Municipal Inspector

(e) to a Councillor Conduct Panel in the course of a hearing and for the purposes of the hearing

(f) to a municipal monitor to the extent reasonably required by the municipal monitor

(g) to the extent reasonably required for any other law enforcement purposes.


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3.4 Conflict of interest If a Councillor has a conflict of interest in a matter which is to be considered or discussed at a meeting of the Council or special committee, an assembly of councillors, an audit committee or a section 223 committee, the Councillor must, if he or she is attending the meeting, disclose the conflict of interest in accordance with the provisions of the Act (unless any of the exemptions apply). A Councillor has a direct interest in a matter if there is a reasonable likelihood that the benefits, obligations, opportunities or circumstances of the Councillor would be directly altered if the matter is decided in a particular way. This includes where there is a reasonable likelihood that the person will receive a direct benefit or loss that can be measured in financial terms and where the Councillor, or together with a member or members of the person’s family have a controlling interest in a company or other body that has a direct interest in the matter. A conflict of interest also exists where a Councillor has any of the six types of indirect interest. These indirect interests are:

Close association - an indirect interest because of a close association with a family member, relative or member of the household who has a direct interest

Indirect financial interest - an indirect financial interest, including holding shares above a certain value in a company with a direct interest

Conflicting duty - a conflicting duty arising from having particular responsibilities to a person or organisation with a direct interest

Applicable gift - receipt of an applicable gift or gifts from a person or organisation with a direct interest

Interested party - a party to the matter by having become involved in civil proceedings in relation to the matter

Residential amenity – this occurs where there is a reasonable likelihood that the person’s residential amenity will be altered if the matter is decided in a particular way.

3.5 Other legislative requirements The Act includes requirements in relation to Councillor eligibility, electoral conduct and the election period (caretaker period). Alleged contraventions of these provisions are not to be dealt with by the Council using the internal resolution procedure in this Code of Conduct. Allegations in relation to contravention of these provisions should be directed to the Victorian Electoral Commission or the Local Government Inspectorate, depending on the nature of the allegation, for investigation and any consequent action. We undertake to comply with the various provisions relating to these matters.


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4. Dispute Resolution Before commencing any formal dispute resolution process, as Councillors that may be party to a dispute, we undertake to use our best endeavours to resolve the matter in a courteous and respectful manner between ourselves. Where, after these endeavours have been exhausted, the matter still remains unresolved, we may resort to any or all of the Council’s three dispute resolution processes. The Council’s dispute resolution process involves:

1. direct negotiation between the parties in dispute, with the Mayor in attendance to provide guidance

2. external mediation by an independent mediator engaged by the Chief Executive Officer

3. an internal resolution procedure involving an independent arbiter.

4.1 Internal resolution procedure - direct negotiation Where Councillors who are in dispute have not been able to resolve the dispute themselves, either (or both) party (parties) may request the Mayor to convene a meeting of the parties. A dispute referred for direct negotiation may relate to an:

interpersonal conflict between Councillors where the conflict is or is likely to affect the operations of the Council; or

alleged contravention of the Councillor Code of Conduct.

The party requesting the direct negotiation meeting is to provide the Mayor with the name of the other Councillor and the details of the dispute in writing. The written request is to indicate that it is for a ‘direct negotiation’ dispute resolution process. Where the request relates to an alleged contravention of the Councillor Code of Conduct, the request must:

specify the name of the Councillor alleged to have contravened the Code

specify the provision(s) of the Code that is alleged to have been contravened

include evidence in support of the allegation

name the Councillor appointed to be their representative where the request is made by a group of councillors

be signed and dated by the requestor or the requestor’s representative.

The requestor is to notify the other party of the request and provide him or her with a copy of the written request either at the same time as it is provided to the Mayor or as soon as practicable thereafter. The Mayor is to ascertain whether or not the other party is prepared to attend a ‘direct negotiation’ meeting.


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If the other party is not prepared to attend a meeting, the Mayor is to advise the requestor forthwith. No further action is required of the Mayor. If the other party declines to participate in a meeting, this does not constitute a contravention of this Councillor Code of Conduct. If the other party consents to a meeting, the Mayor is to convene a meeting of the parties at the earliest available opportunity. Unless one or both parties are unavailable, this should be within five working days of receiving the consent of the other party. The Mayor may present the parties with guidelines, in advance of the meeting or at the meeting, to help facilitate the meeting. The role of the Mayor at the meeting is to provide guidance to Councillors about what is expected of a Councillor including in relation to the role of a Councillor under section 65 of the Act, and the observation of the councillor conduct principles and the Councillor Code of Conduct. The Mayor is to document any agreement reached at the meeting. Copies of the agreement are to be provided to both parties. Where one party does not comply with the agreement, the other party has recourse to external mediation or the internal resolution procedure where the matter relates to an alleged contravention of the Councillor Code of Conduct. If the parties cannot resolve the dispute at the meeting, a further meeting may be convened with the consent of both parties. Where the dispute remains unresolved, either or both of the parties have recourse to external mediation or the internal resolution procedure where the matter relates to an alleged contravention of the Councillor Code of Conduct. Where the Mayor is a party to the dispute, the request is to be made to the Deputy Mayor (if any) or the immediate past Mayor. The Deputy Mayor or the immediate past Mayor will perform the functions ascribed to the Mayor. 4.2 External mediation A Councillor or a group of Councillors may make an application for a dispute to be referred for external mediation whether or not the dispute has been the subject of an application for direct negotiation. An application made for a dispute to be referred for external mediation may relate to: an interpersonal conflict between Councillors where the conflict is or is likely to

affect the operations of the Council; or

an alleged contravention of the Councillor Code of Conduct.

The Council’s Principal Conduct Officer appointed by the CEO will assist in the implementation and conduct of a dispute to be referred for external mediation and assist the Principal Councillor Conduct Registrar.


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The applicant is to submit a written application to the Principal Conduct Officer setting out the name of the Councillor and the details of the dispute. The application is to indicate that the application is for an external mediation. Where the application relates to an alleged contravention of the Councillor Code of Conduct, the application must: specify the name of the Councillor alleged to have contravened the Code;

specify the provision(s) of the Code that is alleged to have been contravened;

include evidence in support of the allegation;

name the Councillor appointed to be their representative where the application is made by a group of councillors; and

be signed and dated by the applicant or the applicant’s representative.

The applicant is to notify the other party of the request and provide him or her with a copy of the application either at the same time that it is submitted to the Principal Conduct Officer or as soon as practical thereafter. The Principal Conduct Officer is to ascertain (in writing) whether or not the other party is prepared to attend an external mediation. If the other party declines to participate in an external mediation, he or she is to provide their reasons for declining in writing to the Principal Conduct Officer. These reasons may be taken into account if the matter is, subsequently, the subject of an application for a Councillor Conduct Panel. When the other party declines to participate in an external mediation, this does not constitute a contravention of this Councillor Code of Conduct. If the other party agrees to participate in an external mediation, the Principal Conduct Officer is to advise the applicant, the Mayor and Chief Executive Officer forthwith. The Chief Executive Officer is to engage the services of an external mediator to conduct the mediation at the earliest practicable opportunity. The mediator is to document any agreement reached at the meeting. Copies of the agreement are to be provided to both parties. Where one party does not comply with the agreement, the other party has recourse to the internal resolution procedure where the matter relates to an alleged contravention of the Councillor Code of Conduct. If the parties cannot resolve the dispute at the meeting, a further meeting may be convened with the consent of both parties. Where the dispute remains unresolved, the applicant has recourse to the internal resolution procedure where the matter relates to an alleged contravention of the Councillor Code of Conduct.


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4.3 Internal resolution procedure – arbiter An application cannot be made for an internal resolution procedure during the election period for a general election. Any internal resolution procedure that is in progress is to be suspended during the election period for a general election. If the respondent to an application for an internal resolution procedure is not returned to office as a Councillor in the election, the application lapses. If the respondent is returned to office in the election, the application may resume if:

the application was made by the Council and the Council so resolves; or

the application was made by a group of Councillors and any one (or more) of those Councillors who has been returned to office wishes to proceed with the application; or

the applicant (individual Councillor) is returned to office and wishes to proceed with the application.

A councillor or a group of councillors may make an application alleging that a Councillor has contravened this Councillor Code of Conduct. The application must:

specify the name of the Councillor alleged to have contravened the Code

specify the provision(s) of the Code that is alleged to have been contravened

include evidence in support of the allegation

name the Councillor appointed to be their representative where the application is made by a group of councillors

be signed and dated by the applicant or the applicant’s representative.

The application must be submitted to the Council’s Principal Conduct Officer. An applicant may withdraw an application for an internal resolution procedure. Once an application has been withdrawn, the same or a similar application relating to the same instance in relation to the respondent Councillor cannot be resubmitted by the applicant. On receiving an application, the Principal Conduct Officer will:

advise the Mayor and CEO of the application without undue delay

provide a copy of the application to the Councillor who is the subject of the allegation at the earliest practical opportunity but not later than two working days from receipt of the application

identify an arbiter to hear the application

obtain from the arbiter written advice that they have no conflict of interest in relation to the Councillors involved

notify the parties of the name of the proposed arbiter and provide them with the opportunity (two working days) to object to the person proposed to be the arbiter

consider the grounds of any objection and appoint the proposed arbiter or identify another arbiter

provide a copy of the application to the arbiter as soon as practicable after the opportunity for the parties to object to an arbiter has expired


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after consultation with the arbiter, advise the applicant and the respondent of the time and place for the hearing

attend the hearing(s) and assist the arbiter in the administration of the process.

In identifying an arbiter to hear the application, the Principal Conduct Officer must select an arbiter who is suitably independent and able to carry out the role of arbiter fairly. The role of the arbiter is to:

consider applications alleging a contravention of the Councillor Code of Conduct by a Councillor

make findings in relation to any application alleging a contravention of the Councillor Code of Conduct which the arbiter must give to the Council

give a written statement of reasons supporting the findings to the Council at the same time as it gives its findings to the Council

recommend an appropriate sanction or sanctions where the arbiter has found that a Councillor has contravened the Councillor Code of Conduct.

In considering an application alleging a contravention of the Councillor Code of Conduct, an arbiter will:

in consultation with the Principal Conduct Officer, fix a time and place to hear the application

authorise the Principal Conduct Officer to formally notify the applicant and the respondent of the time and place of the hearing

hold as many meetings as he or she considers necessary to properly consider the application. The arbiter may hold a directions hearing.

have discretion to conduct the hearings as he or she deems fit while ensuring that the hearings are conducted with as little formality and technicality as due and proper consideration of the application allows

ensure that the parties to, and the parties affected by, an application are given an opportunity to be heard by the arbiter

consider an application by a respondent to have legal representation at the hearing to ensure that the hearing is conducted fairly and may, in his or her absolute discretion, grant the application or deny the application

ensure that the rules of natural justice are observed and applied in the hearing of the application

ensure that the hearings are closed to the public. Where an application to have legal representation is granted by an arbiter, the costs of the respondent’s legal representation are to be borne by the respondent in their entirety. An arbiter:

may find that a Councillor who is a respondent to an internal resolution procedure application has not contravened the Councillor Code of Conduct


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may find that a Councillor who is a respondent to an internal resolution procedure has contravened the Councillor Code of Conduct

will suspend consideration of an internal resolution procedure during the election period for a general election.

The arbiter is to give a copy of his or her findings and the statement of reasons to the Council, the applicant and the respondent. At the same time the arbiter provides the findings and statement of reasons, he or she shall, where a Councillor has been found to have contravened the Councillor Code of Conduct, recommend an appropriate sanction or sanctions for the contravention for consideration by the Council. A copy of the arbiter’s findings, statement of reasons and any recommended sanctions is to be submitted to the next ordinary meeting of the Council for its consideration. If an arbiter has found that a contravention of the Councillor Code of Conduct has occurred, the Council may, after considering the arbiter’s findings, statement of reasons and recommendation on sanctions, give any or all of the following written directions to the Councillor:

direct the Councillor to make an apology in a form or manner specified by the Council

direct the Councillor to not attend up to, but not exceeding, two meetings of the Council (in respect of the next scheduled meetings of the Council)

direct that, for a period of up to, but not exceeding, two months on a date specified by the Council the Councillor:

- be removed from any position where the Councillor represents the Council; and

- to not chair or attend any advisory committee or special committee meeting or an assembly of Councillors or any other meeting specified in the direction.

A Councillor who does not participate in the internal resolution procedure may be guilty of misconduct. The Act provides that misconduct by a Councillor means any of the following:

(a) failure by a Councillor to comply with the Council’s internal resolution procedure; or

(b) failure by a Councillor to comply with a written direction given by the Council under section 81AB; or

(c) repeated contravention of any of the Councillor conduct principles. Allegations of misconduct are heard on application by a Councillor Conduct Panel.


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5. Endorsement This Code of Conduct was adopted by the Council on 25 May 2016 and is signed by the following Councillors: Signatures Cr Barbara Alexander

Cr Ellen Crocker

Cr Peter Davis

Cr Justin King

Cr Suzy Martin

Cr Margaret Richards

Cr Andrew Vale



15. Confidential Business

A Council or Special Committee may resolve that the meeting be closed to members of the public if the meeting is discussing any of the following: (a) personnel matters; (b) the personal hardship of any resident or ratepayer; (c) industrial matters; (d) contractual matters; (e) proposed developments; (f) legal advice; (g) matters affecting the security of Council property; (h) any other matter which the Council or special committee considers would

prejudice the Council or any person; (i) a resolution to close the meeting to members of the public.

Recommendation: That the meeting be closed to the public for the consideration of confidential business pursuant to Section 89(2) of the Local Government Act 1989.



19. Reopening of Meeting to the Public Recommendation: That the meeting be reopened to the public.

20. Closure of Meeting